THE PENALTY FOR ANY CIVILIAN WHO UNLAWFULLY WEARS CAMOUFLAGE IN NIGERIA, EXPLAINED

The two soldiers who brutalised a physically
challenged man for wearing a military
camouflage shirt have been demoted to Privates
and sentenced to imprisonment with hard
labour. This comes after the Nigerian
army arrested the soldiers on Wednesday last
week.
“Consequently both have been sentenced to
reduction in rank, from Corporal to Private
soldiers and 21 Days imprisonment with hard
labour (IHL) respectively, which include
forfeiture of 21 Days pay to the Federal Govern­
ment of Nigeria. The Nigerian Army has also
reached out to the victim of the unjustifiable
assault, Mr Chijioke Uraku (alias CJ) as widely
reported by the media.”
A statement by the Director, Army Public
Relations, Brigadier-General Sani Kukasheka
Usman said the two soldiers have equally been
charged for assault by their Commanding
Officer. The army, however, enjoined the
general public to regard the incident as an
isolated case which does not reflect the true
image of the Nigerian Army.
“We wish to inform the public that the incident
took place on Tuesday 7th February 2017, at
Onitsha, Anambra State. In line with our zero
tolerance for acts of indiscipline and
unprofessional conducts especially in relation to
violation of human rights, we wish to further
state that the soldiers involved have since been
identified and apprehended.”
“They have also been charged with assault by
their Commanding Officer. Similarly, troops
have been warned to desist from such acts that
infringe on human rights and cast serious
aspersions on the good image of the Nigerian
Army.”
“The public should please regard this ugly
incident as an isolated case which is not a true
reflection of the Nigerian Army.”
The military uniform is a peculiar symbolism
with a long history and tradition which has been
adopted by armies since the seventeenth
century. It also calls for respect and fear and
symbolizes strength and power. While it is
horrible for soldiers to beat up civilians, there’s
a law in the Nigerian criminal code that bars
anyone from unlawfully wearing camouflage
outfits. We explain the code below:
The Nigerian Criminal Code
Sections 110 & 111 of the Nigerian Criminal Code
Act , L.N. 112 of 1964, 1967 No. 27 states; “Any
person who- Unlawfully wears the uniform of
forces, etc. (1) not being a person serving in any
of the armed forces of Nigeria, wears the
uniform or any part of the uniform of such
forces, or any of the armed dress having the
appearance or bearing any of the regimental or
other distinctive marks of such uniforms.
“(2) not being a person holding any office or
authority under the Government of Nigeria or of
any part thereof, wears any uniform or
distinctive badge or mark or carries any token
calculated to convey the impression that such
person holds any office or authority under the
government; is guilty of an offence and is liable
to imprisonment for one month, or to a fine of
ten naira, unless he proves that he had the
permission of the President or of the Governor
of a State or wear such uniform or dress, badge
or mark or to carry such token: Provided that
this section shall not apply to the wearing of any
uniform or dress in the course of a stage play or
in any bona fide public entertainment.
Section 111 provides, “Any person who sells or
gives any uniform, or part of any dress, badge
or mark, as in the last preceding section
mentioned, to any person who is not authorised
to wear the same, is guilty of an offence and is
liable to the penalties prescribed in the said
section.
Section 251 of the Constitution also states; Any
person who, not being a person serving in any
of the armed or police forces of Nigeria, wears
the uniform of any of these forces, or any dress
having the appearance or bearing any of the
regimental or other distinctive marks of any
such uniform, in such manner or in such
circumstances as to be likely to bring contempt
on that uniform, or employs any other person so
to wear such uniform or dress, is guilty of a
simple offence, and is liable to imprisonment for
three months or to a fine of forty naira.”
The Military cannot unilaterally constitute the
Prosecutor and the Judge by charging a person
for wearing army uniforms and has no
jurisdiction to deal with civilians. If a civilian
contravenes the law of Nigeria, in accordance
with the rule of law, such a person is charged to
court and not disciplined the same way the
military court-martials can deal with their
military personnel who are subject to service
law.
It is, therefore, important that the public
respects national symbols of authority including
the use of uniform accoutrements because it’s a
symbol of esprit de corps which distinguishes the
members of armed forces from the rest of the
population.