Coup: Lawmaker Returns To Court, Berates Military, AGF

A member of the Osun State House of Assembly, Hon. Kanmi Ajibola has returned to court over the failure of the Nigerian military and the Attorney General of the Federation to respond to a suit filed by him over six months ago.

Ajibola, an activist and a former Chairman of the Nigeria Bar Association (NBA), Ilesa branch had in October 2025 dragged the Nigerian Army, the Air force, the Navy and AGF to court over an alleged coup plots to remove the current democratic regime.

In Suit No. FHC/OS/CS/ 210 /2025 between Kanmi Ajibola vs. The Nigerian Army & Others filled on his behalf by Barrister Salihu Aliyu at the Federal High Court, Osogbo, the lawmaker disclosed that the time within which the defendants ought to have shall file their responses after being served the originating processes had expired in December 2025.

In his 11 paragraphs affidavits in support of his motion on notice, brought in pursuant of Orders 26, Rules 1 and 2(1) and Order 8 Rule 1 and Section 6(6) (A) and (B) of the 1999 constitution, Ajibola frowned at the failures of the respondents to reply to the suit filed since October, last year.

According to him, the Nigerian Army, the Air Force and the Navy are the creations of the Constitution and are therefore bound to operate under its rules.

“The 4th Respondent Is the Attorney General of the Federal Republic of Nigeria and Chief Legal Officer of the Federal Government created by the 1999 Constitution.

“In furtherance to the above, the 4th Respondent as the Chief Legal Officer has as a duty, among others, to represent the Federal Government or its agencies in any litigation involving its interest in any way”.

Based on his office, the plaintiff contended that “In any suit bothering on the application and interpretation of the Constitution, the 4th defendant is a necessary party to defend the Constitution of the Federal Republic of Nigeria”.

Having duly served the processes, Ajibola noted that the defendants have no defence to this suit, “they have not filed their defence to this suit as at the time of filing this application”.

He told that Court that matter must be heard because, “The live Issue in this suit bothers on the security of democratic institutions of Nigeria and it needs urgent attention of this Honourable Court”.

Ajbola, has dragged the Nigerian military to court over the allegation of a coup attempt to sack the current democratic government and forcefully remove elected officials, including President Bola Tinubu.

The plaintiff argument was that there is nowhere in the Constitution or any Act of Armed Forces Act or any other Act of the National Assembly where the military is empowered to sack and take over civil rule.

He listed five questions before the court for determination, and noted that Section 217 (2) of the 1999 Constitution which listed the functions of the first three defendants was without ambiguity, nothing there was nowhere the military in their capacities, either by their officers or personnel can perform, act or engage in any duty or duties contrary to those functions spelt out.

The lawmaker emphasized 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.

He asked the court to permanently ban the nation’s armed forces from forcefully taking over power, governance and control of Government of Nigeria by the way of coup d’etat or by any other means unknown to the Nigerian Constitution.