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Osun lawmaker, Hon. Kanmi Ajibola, drags the Nigerian Army, Navy, Air Force, and Attorney-General to court.
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The case challenges the constitutional legality of any military attempt to seize civil rule in Nigeria.
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Ajibola seeks a perpetual injunction banning the armed forces from any coup-related activity.
Osun lawmaker, Hon. Kanmi Ajibola, has filed a suit at the Federal High Court, Osogbo, against the Nigerian military over an alleged plot to overthrow the democratic government.
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The lawmaker, who represents Oriade State Constituency, also listed the Nigerian Army, Navy, Air Force, and the Attorney-General of the Federation as defendants in the suit.
Filed on Thursday, October 30, 2025, Ajibola’s action comes amid ongoing investigations into an alleged coup attempt to sack elected officials, including President Bola Tinubu.
In his 23-paragraph affidavit attached to the originating summons, the lawmaker and lawyer argued that there is no constitutional or legal provision empowering the military to assume civil rule.
He stated that Section 217 (2) of the 1999 Constitution (as amended) clearly defines the roles of the armed forces — and that none authorises them to interfere in democratic governance.
“There is nowhere in the Constitution or any Act of the National Assembly where the military is empowered to take over civil rule,” Ajibola said in his affidavit.
He further noted that the military must strictly obey Sections 1 (2), 150, and 217 of the Constitution, alongside Sections 1 (3 to 5) of the Armed Forces Act.
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Ajibola urged the court to issue a perpetual injunction restraining the Nigerian armed forces from “forcefully taking over power, governance and control of the Government of Nigeria by way of coup d’état or any other means unknown to the Constitution.”
He listed five questions for determination, all centred on whether the Nigerian military could lawfully interfere with civil authority under any circumstance.
Describing the alleged coup attempt as “a bad omen and a slap on the face of true democrats,” Ajibola said the action of the accused officers undermines the sacrifices of Nigerians who fought for democracy.
“Those officers allegedly involved in the coup are still under the wrong knowledge that they can forcefully take over power,” he said.
He added that as a citizen and legal practitioner, he was exercising his constitutional duty to defend democratic order.
