Military personnel cannot be tried for civilian offences not listed in the Act - Retired Gen Sani

According to a report by the Daily Post on Wednesday, January 28, 2026, Retired Brigadier General Sani Kukasheka-Usman, the former Director of Army Public Relations, has clarified the legal pathway for trying military officers accused of plotting a coup. 

He explained that such personnel would face a court-martial, even under a civilian administration, due to the serious nature of the offence. This process requires strict adherence to both military regulations and civilian legal frameworks.

The retired general elaborated on the procedural rules governing serving personnel. He stated that under military regulations, a trial cannot commence until a soldier's own commanders first establish that an offence has indeed been committed and that all due process has been followed. This ensures internal military discipline is upheld before legal proceedings begin.

Kukasheka-Usman emphasized that members of the armed forces are bound by a triad of laws: military, civil, and international.

 For cases involving service members, the Armed Forces Act provides the specific mechanism of a court-martial. This specialized military court is empowered to handle such serious breaches of military law.

He provided specific legal grounding for this process, referencing Section 114 of the Armed Forces Act. A key principle he highlighted from the law is that "military personnel cannot be tried for civilian offences not listed in the Act." 

This provision ensures that military legal procedures are applied to matters fundamentally connected to military service.

In practical terms, the retired officer noted that a court-martial holds authority equivalent to a state or Federal Capital Territory High Court. Furthermore, its decisions are not final until they are confirmed by the Defence Council. 

There also remains a right of appeal against its verdicts, which can extend all the way to the Supreme Court of Nigeria.

Finally, Kukasheka-Usman commended both the military leadership and the government for their handling of the alleged plot, noting their adherence to due process. 

He urged the public to exercise patience and allow the established legal and military authorities to see the procedures through to their conclusion.