A member of the Osun State House of Assembly, Kanmi Ajibola, has filed a lawsuit against the Nigerian military over the alleged attempted coup aimed at overthrowing the country’s democratic government and removing elected officials, including President Bola Ahmed Tinubu.

Ajibola, who represents Oriade State Constituency and is a former Chairman of the Nigerian Bar Association (NBA), Ilesa Branch, instituted the suit at the Federal High Court, Osogbo on Thursday, October 30.

The Nigerian Army, Nigerian Air Force, Nigerian Navy, and the Attorney-General of the Federation were all listed as defendants in the case.

In a 23-paragraph affidavit attached to his originating summons, the lawmaker argued that neither the Nigerian Constitution nor the Armed Forces Act grants the military any authority to assume control of civil governance.

“There is nowhere in the Constitution, the Armed Forces Act, or any other Act of the National Assembly where the military is empowered to take over civil rule,” Ajibola stated.

He further cited Section 217(2) of the 1999 Constitution, noting that the functions of the armed forces are clearly defined — primarily to defend the nation and maintain its territorial integrity. He argued that the Constitution does not authorize the military or any of its officers to act beyond these duties.

Ajibola maintained that the armed forces are constitutionally bound to obey Sections 1(2), 150, and 217 of the 1999 Constitution, as well as Sections 1(3–5) of the Armed Forces Act. He therefore urged the court to issue a perpetual injunction restraining the armed forces from ever attempting to seize power or interfere with Nigeria’s democratic governance.

According to him, the recent reports of a coup attempt were a “bad omen” and a “slap in the face” of Nigerians who fought for the restoration of democracy.

“I strongly believe that the officers allegedly involved in the coup are still operating under the false impression that they can forcefully take over the government of Nigeria by way of a coup d’état,” he added.

Ajibola emphasized that, as both a lawyer and a law-abiding citizen, he has the right and duty to approach the court in defense of Nigeria’s constitutional democracy.