An Osun State lawmaker, Kanmi Ajibola, has taken the Nigerian military to court over the allegations of a planned coup to remove President Bola Tinubu and other elected officials.
Ajibola, who represents Oriade Constituency in the Osun State House of Assembly, filed the suit at the Federal High Court in Osogbo on Thursday, October 30.
The lawmaker, who is also a lawyer and former Chairman of the Nigeria Bar Association, Ilesa Branch, asked the court to stop the armed forces from ever attempting to overthrow a democratic government in Nigeria.
He listed the Nigerian Army, Air Force, Navy, and the Attorney-General of the Federation as defendants in the suit.
In his affidavit, Ajibola argued that “there is nowhere in the Constitution or any Act of Armed Forces Act and any other Act of the National Assembly where the military is empowered to take over civil rule.”
The Oriade representative insisted that the military must respect the law and remain within its constitutional duties.
Ajibola further noted that “Section 217 (2) of the 1999 constitution” clearly states the roles of the armed forces, and none of these functions include forcefully taking power.
He also pointed out that “the military is under compulsion to obey Sections 1 (2), 150 and 217 of the 1999 Constitution and Section 1 (3 to 5) of the Armed Forces Act.”
The lawmaker asked the court to issue an order permanently restraining the armed forces from attempting any coup or actions that could undermine democracy in Nigeria.
He described the recent coup allegation as a serious warning and “a slap on the face of all true democrats who fought for the enthronement of democracy in Nigeria.”
Ajibola added that he believes those linked to the alleged plan “are still under the wrong knowledge that they can forcefully take over power, governance and control of government of Nigeria by the way of coup d’etat.”
He said that, as a Nigerian citizen who has fulfilled his civic responsibilities, he has the right to challenge any threat to the nation’s democracy through the court.