Osun Lawmaker Sues Nigerian Military Over Alleged Coup Plot, Seeks Court Ban on Unconstitutional Power Takeover

|By Chinwendu Nwani

A member of the Osun State House of Assembly, Hon. Kanmi Ajibola, has taken the Nigerian military to court over the recent allegation of a coup attempt to overthrow the democratic government and remove elected officials, including President Bola Tinubu.

Ajibola, a lawyer and former Chairman of the Nigerian Bar Association (NBA), Ilesa Branch, filed the suit on Thursday, October 30, at the Federal High Court in Osogbo. He named the Nigerian Army, Navy, Air Force, and the Attorney-General of the Federation as defendants.

In a 23-paragraph affidavit attached to his originating summons, the legislator argued that “nowhere in the Constitution or the Armed Forces Act is the military empowered to take over civil rule.” The lawmaker, who represents Oriade State Constituency, raised five legal questions before the court for determination, insisting that Section 217(2) of the 1999 Constitution clearly defines the roles of the armed forces, none of which includes seizing political power.

Ajibola contended that the military must obey Sections 1(2), 150, and 217 of the Constitution and Sections 1(3–5) of the Armed Forces Act, which prohibit any form of intervention in governance outside constitutional provisions. He urged the court to issue a permanent injunction restraining the nation’s armed forces from forcefully taking over power or governance in any form.

Describing the alleged coup attempt as “a bad omen and a slap on the face of all true democrats,” Ajibola said the reported involvement of military officers reflects a lingering ignorance of constitutional limits.

“As a lawyer and citizen who has fulfilled my civic obligations, I have the right to seek judicial protection of our democracy,” he affirmed.

The case adds a new legal dimension to the controversy surrounding the alleged coup plot, which has generated widespread public debate about the military’s role in Nigeria’s democratic system.