Scenario
Its 4am at the military base in the northern part of Borno
state, the camp commander has just received intelligence that heavily armed
insurgents have been spotted advancing into a neighbouring town. The commander immediately
rallies the troops and orders an immediate assault on the convoy of insurgents.
However, several soldiers in the battalion refuse to engage the enemy because
they believe the insurgents have superior fire power and refuse to obey the commander’s
orders. Tempers flare, a brawl ensues among the troops and the commander is
shot at by a junior officer spear heading the conflict. The military police
have however calmed the situation and the officer who shot the pistol during
the brawl has been arrested and will be facing a Court-Martial.
state, the camp commander has just received intelligence that heavily armed
insurgents have been spotted advancing into a neighbouring town. The commander immediately
rallies the troops and orders an immediate assault on the convoy of insurgents.
However, several soldiers in the battalion refuse to engage the enemy because
they believe the insurgents have superior fire power and refuse to obey the commander’s
orders. Tempers flare, a brawl ensues among the troops and the commander is
shot at by a junior officer spear heading the conflict. The military police
have however calmed the situation and the officer who shot the pistol during
the brawl has been arrested and will be facing a Court-Martial.
THE LAW
This blog post is the first of a series relating to crimes
and punishment under the Armed Forces Act, Cap C20, Laws of the Federal Republic
of Nigeria (2004). Currently, over 200
Military personnel are undergoing a Court-Martial for several offences including
mutiny, assault, misconduct and tampering with military property. Though some
are being tried for lesser offences, about 12 have been found guilty of the act
of mutiny and sentenced to life imprisonment, a punishment that was commuted
from the initial death sentence handed down for shooting at a vehicle conveying
their commander.
and punishment under the Armed Forces Act, Cap C20, Laws of the Federal Republic
of Nigeria (2004). Currently, over 200
Military personnel are undergoing a Court-Martial for several offences including
mutiny, assault, misconduct and tampering with military property. Though some
are being tried for lesser offences, about 12 have been found guilty of the act
of mutiny and sentenced to life imprisonment, a punishment that was commuted
from the initial death sentence handed down for shooting at a vehicle conveying
their commander.
Mutiny is provided for
under Section 52 of the Armed Forces Act. According to the law mutiny means a
combination between 2 persons who are subject to service law to
under Section 52 of the Armed Forces Act. According to the law mutiny means a
combination between 2 persons who are subject to service law to
- Overthrow
or resist lawful authority in the Federation. - Disobey
authority in such circumstances as to make the disobedience subversive of
discipline, or with the object of avoiding any duty or service against, or in
connection with operations against the enemy; or - Impede
the performance of any duty or service in the Federation or in any arm of
service of the Armed Forces or in any force cooperating with the armed forces
or in any part of the armed forces.
The law further provides in the same section that any person
who takes part in a mutiny involving the use of violence or the threat of the
use of violence or having as its object or one of its objects the refusal or
avoidance of any duty or service against, or in connection with operations
against the enemy, or the impeding of the performance of that duty or service
or anyone who incites other persons who are also subject to service law to take
part in a mutiny, whether actual or intended is guilty of an offence under the
law and liable on conviction by a Court-Martial to suffer death.
who takes part in a mutiny involving the use of violence or the threat of the
use of violence or having as its object or one of its objects the refusal or
avoidance of any duty or service against, or in connection with operations
against the enemy, or the impeding of the performance of that duty or service
or anyone who incites other persons who are also subject to service law to take
part in a mutiny, whether actual or intended is guilty of an offence under the
law and liable on conviction by a Court-Martial to suffer death.
Furthermore, any person not falling under the above, who
takes part in a mutiny, or incites any person subject to service law to take
part in a mutiny, whether actual or intended is guilty of an offence and liable
on conviction to life in prison.
takes part in a mutiny, or incites any person subject to service law to take
part in a mutiny, whether actual or intended is guilty of an offence and liable
on conviction to life in prison.
Adedunmade Onibokun, Esq
@adedunmade