A member of the Osun State House of Assembly, Hon. Kanmi Ajibola, has taken legal action against the Nigerian Armed Forces over the recent alleged coup plot aimed at toppling President Bola Ahmed Tinubu’s administration and disrupting the country’s democratic order.
Ajibola, who represents Oriade State Constituency, filed the suit at the Federal High Court in Osogbo on Thursday, October 30, 2025, naming the Nigerian Army, Nigerian Air Force, Nigerian Navy, and the Attorney-General of the Federation as defendants.
A legal practitioner and former Chairman of the Nigerian Bar Association (NBA), Ilesa Branch, Ajibola is asking the court to declare that no section of the Nigerian Constitution or any law enacted by the National Assembly empowers the military to overthrow a democratically elected government.
‘Coup Has No Place in Nigerian Law’ — Ajibola
In a 23-paragraph affidavit attached to the originating summons, the lawmaker argued that the 1999 Constitution, particularly Section 217(2), clearly defines the constitutional functions of the armed forces. He maintained that nowhere in the law is the military authorised to act outside those provisions or to assume political authority.
“There is no provision in the Constitution, the Armed Forces Act, or any law of the National Assembly granting the Nigerian military the power to forcefully take over governance,” Ajibola stated.
He urged the court to issue a perpetual injunction restraining the armed forces — whether by their personnel, officers, or proxies — from ever attempting to seize power or interfere with civilian rule by way of a coup d’état or any unconstitutional means.
Ajibola cited Sections 1(2), 150, and 217 of the 1999 Constitution, along with Sections 1(3 to 5) of the Armed Forces Act, noting that these provisions make the subordination of the military to civil authority an unambiguous requirement.
The lawmaker described the recent reports of an attempted coup as “a dangerous signal” and “a slap in the face of all patriots and democrats” who fought for the restoration of civilian governance in Nigeria.
“It is worrisome that some officers still harbour the illusion that they can take over power by force. This mindset contradicts the spirit of our Constitution and undermines decades of democratic struggle,” he said.