Six suspects on Wednesday, April 22 were arraigned by the federal government over claims of organizing a coup to remove President Bola Tinubu.
These accused were arraigned on 13-count charges bordering on alleged terrorism but they all pleaded not guilty to the accusation.
The attorney-general of the federal (AGF), Lateef Fagbemi, applied that the defendants be remanded in custody of the Department State Service (DSS), and also asked the court for an accelerated hearing.
Recall that six security officials, both retired and serving, were arrested and detained by the Department of State Services (DSS) and military intelligence in January 2026 on suspicion of plotting to remove President Bola Tinubu’s government forcibly.
Following months of surveillance following Tinubu’s “sweeping shake-up” of the military’s command in October 2025 to improve security, the arrests were made.
Retired Major-General Mohammed Ibrahim Gana, retired Naval Captain Erasmus Ochegobia Victor, Police Inspector Ahmed Ibrahim, Zekeri Umoru, Bukar Kashim Goni, and Abdulkadir Sani were names of retired and serving officials arraigned by the DSS in court.
Timipre Sylva, the late President Buhari’s former petroleum minister and ex-Bayelsa Governor, was also charged but is currently listed as “large.”
However, attempting a coup in Nigeria is considered treason and is one of the most serious crimes under the law. WITHIN NIGERIA discovered that plotting a coup can be considered from four perspectives: the Criminal Code Act, the Penal Code, Nigeria’s 1999 Constitution, and the Armed Forces Act.
Criminal Code Act
It is Nigeria’s main criminal law statute, defining offences, penalties, and the regulations for criminal investigation, trial, and punishment. It was first enacted in 1916 as the Criminal Code Act, and it was later incorporated into Chapter C38 of the Laws of the Federation of Nigeria in 1990.
However, it mostly pertains to Nigeria’s southern states. It includes offenses such as homicide, assault, theft, sexual offenses, public order violations, and treason. It also establishes broad principles like criminal liability, self-defense, insanity, intent, and parties to offenses.
Relevant provisions of the criminal code of conduct emphasize the consequences of an attempted coup, often known as treason.
According to Section 37 of the Criminal Code of Conduct, declaring war on the state or conspiring to overthrow the government is a capital felony.
According to Section 41 of the Criminal Code of Conduct, aiming to topple the President or overthrow the government by force is a life sentence-worthy offense.
According to Section 516 of the Criminal Code of Conduct, criminal conspiracy to commit treason is punishable by seven years in prison if committed alone, but if linked to treason, it can lead to death or life imprisonment.
Penal Code
It is the formal body of laws that defines crimes and imposes punishments on them. It is utilized in the northern states. Essentially, it is a country’s or state’s rulebook that states that this conduct is illegal and that this is what happens if you commit it.
It addresses offenses and sanctions. It includes a list of criminal charges such as theft, assault, and homicide, as well as the associated fines, prison terms, or other sanctions. It is a single, orderly collection adopted by a state or country. It is frequently used in formal contexts: “amendments to the penal code,” “under the penal code”.
Treason, defined in Section 411 of the Penal Code as mutiny or insurrection against the state, is punishable by death.
Section 410/411: Treason includes waging war against the state, instigating invasion, or helping enemies is punishable by death.
Section 412: Concealing treason — if you know about a plot and don’t report it, is punishable by life imprisonment or up to 20 years + fine.
Section 114: Abetting mutiny by military personnel is punishable by death or life imprisonment.
1999 Constitution of Nigeria
Section 1(2): “The Federal Republic of Nigeria shall not be governed… except in accordance with the provisions of this Constitution.” This is the anti-coup clause. Any takeover outside constitutional means is illegal.
Section 33 of Nigeria’s 1999 Constitution underlines the right to life. It is a fundamental right, and the right to life is considered holy. However, there are few exceptions, such as the death sentence for serious crimes like treason.
Section 251 of the 1999 Constitution grants the Federal High Court sole jurisdiction over treason and treasonable crime charges involving civilians or retired officers.
Armed Forces Act
The Armed Forces Act, Cap A20, Laws of the Federation of Nigeria 2004, is the primary legislation governing Nigeria’s military. It unified former military decrees from the 1960s into a single act. It describes the President’s functions as Commander-in-Chief, Minister of Defence, Chief of Defence Staff, and Service Chiefs. It addresses service law, operations, and personnel.
According to the Armed Forces Act, any serving soldier who commits mutiny or attempted mutiny, treasonable/subversive activities, or fails to notify coup plots will be tried by a General Court-Martial or Special Court-Martial, and if convicted, will face the death penalty or life in prison.
According to Section 45 of the Armed Forces Act, any soldier(s) that resists lawful authority or tries to overthrow it would be punishable by death.
According to Section 46, failure to suppress mutiny. If you see it happening and don’t act, up to life imprisonment.
According to Section 47, mutinous assembly is punishable by life imprisonment.
According to Section 66, Offences in relation to the enemy, which includes treasonable acts, are punishable by death.
