In late 2025, Nigeria’s security agencies arrested several serving military personnel and civilian collaborators over an alleged plot to overthrow the administration of President Bola Tinubu.
The arrests, initially described as internal disciplinary issues by the military, were recently confirmed as allegations of a coup plot, with authorities citing intelligence reports, covert planning, logistics and attempts to mobilise support within and outside the armed forces.
Under Nigerian law, coup plotting is primarily treated as treason or a related offense, such as mutiny or treasonable felony, depending on whether the individuals involved are military personnel or civilians. The punishments are severe, often including the death penalty, and are outlined in several key statutes.
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Below is a breakdown of the relevant laws and associated punishments, based on established legal frameworks.
For military personnel
Military officers or personnel accused of coup plotting are typically tried under military law via court-martial, which can result in the death penalty or life imprisonment, depending on the severity and the discretion of the court or presidential mercy.
Armed Forces Act (Cap A20, Laws of the Federation of Nigeria 2004): This is the primary law governing military discipline.
Section 52 addresses mutiny, which includes actions aimed at overthrowing the government or inciting disloyalty. The punishment for mutiny in peacetime is imprisonment, but if it involves violence or conspiracy to overthrow the government, it can escalate to death.
Section 114 specifies that military personnel can be tried for certain civilian offenses outside this Act, but coup-related acts fall under military jurisdiction, with penalties including death by firing squad, long-term imprisonment, dismissal, or reduction in rank.
For civilians
Civilians involved in coup plotting (e.g., conspiring with military personnel) are prosecuted under civilian criminal laws, where the offense is classified as treason or treasonable felony, punishable by death or life imprisonment.
Criminal Code Act (Cap C38, Laws of the Federation of Nigeria 2004) (applicable mainly in southern states):
Section 37 defines treason as levying war against the state or conspiring to overthrow the government. The punishment is death.
Section 41 covers treasonable felonies, such as intending to depose the president or overawe the government by criminal force. This carries a punishment of life imprisonment.
Section 516 addresses criminal conspiracy, which can apply to coup plotting and is punishable by up to 7 years imprisonment if not tied to treason, but when linked to treason, it escalates to the penalties above.
Penal Code (applicable in northern states): Similar to the Criminal Code, it prescribes death for treason (Section 411) and related conspiracies, including mutiny or rebellion.
1999 Constitution of the Federal Republic of Nigeria (as amended): While Section 33 protects the right to life, it explicitly allows the death penalty for capital offenses like treason. This constitutional provision underpins the validity of death sentences in the codes above.
Historical precedents, such as executions during past military regimes, reinforce that failed coup attempts often lead to death sentences, though these can be commuted to life imprisonment.
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In 1976, the Olusegun Obasanjo-led military regime executed Buka Dimka and several other personnel over a failed coup that led to the assassination of late General Murtala Mohammed, the head of state. While several others were jailed.
Also, the Ibrahim Babangida-led regime executed Mamman Vasta and dozens of soldiers over an alleged coup plot in 1986. Gideon Orkar and his co-plotters were also executed by Babangida in 1990.
In 1995, the regime of late General Sani Abacha jailed dozens of Nigerians, including Obasanjo, for an alleged coup plot. They were later freed by General Abdulsalam Abubakar following the death of Abacha in 1998.
