Wills and Distribution of Property

Miscellaneous

Schedules

First Schedule

Alternative Offences of which Accused may be convicted by Court-Martial

Second Schedule

Supplementary Provisions as to Payment for Requisitioned Vehicles

Third Schedule

Armed Forces Services’ Corresponding Rank Structure (officers)         

Fourth Schedule

Armed Forces Services’ Corresponding Rank Structure (Soldiers, Ratings and Aircraftmen)

An Act to provide for the command, maintenance and administration of the Armed Forces of the Federation.

6^th July 1994

Part I

 Establishment and Composition of the Armed Forces

1.         (1)        There is hereby established for the Federation an Armed Forces which shall be maintained and administered as set out in this Act and comprise the Nigerian Army, the Nigerian Navy and the Nigerian Air Force (in this Act referred to as the “Army”, “Navy” and “Air Force”) respectively.

(2)        The Armed Forces shall consist of such—

(a)       establishments and number of equipment;

(b)       officers and non-commissioned officers; and

(c)        soldiers, ratings and aircraftmen, as the case may be, as the President may, in consultation with the National Assembly, determine.

(3)        The Armed Forces shall be charged with the defence of the Federal Republic of Nigeria by land, sea and air and with such other duties as the National Assembly may, from time to time, prescribe or direct by an Act.

(4)        Notwithstanding the generality of the provisions of subsection (3) of this section—

(a)       the Navy shall, in particular, be further charged with—

(i)         enforcing and assisting in co-ordinating the enforcement of all customs, laws, including anti-bunkering, fishery and immigration laws of Nigeria at sea;

(ii)        enforcing and assisting in co-ordinating the enforcement of national and international maritime laws ascribed or acceded to by Nigeria;

(iii)       making of charts and co-ordinating of all national hydrographic surveys; and

(iv)       promoting, co-ordinating and enforcing safety regulations in the territorial waters and the Exclusive Economic Zone of Nigeria;

(b)        the Air Force shall, in particular, be further charged with—

(i)         enforcing and assisting in co-ordinating the enforcement of international law, conventions, practices and customs ascribed or acceded to by Nigeria relating to aerial or space activities in the Nigerian air space;

(ii)        co-ordinating and enforcing of national and international air laws acceded or ascribed to by Nigeria; and

(iii)       delineating, demarcating and co-ordinating of all aerial surveys and security zones of the Nigerian air space.

(5)        The authority conferred by this Act to maintain the Armed Forces shall include authority to raise and maintain units of or including women, and accordingly the provisions of this Act shall apply to women, subject to section 271 of this Act and to such modifications and adaptations as the President may by order specify from time to time.

2.         There shall be established and maintained by the Armed Forces an Armed Forces Reserve (in this Act referred to as “the Reserve”) which shall consist of such number of officers, warrant officers, non-commissioned officers, soldiers, ratings and aircraftmen who are transferred to it on completion of their period of service in the Armed Forces and in such other services as the President may prescribe.

3.         Pay regulations, duties, recall, etc., of the Armed Forces Reserve The President may make regulations governing the pay, duties and methods of recall of members of the Reserve and any other matters pertaining to the Reserve as seems to him necessary.

Part II

Establishment of Armed Forces Council

4.         (1)        There shall be established for the Armed Forces a Council to be known as the Armed Forces Council (in this Act referred to as “the Forces Council”).

(2)        The Forces Council shall consist of—

                         (a)        the President who shall be the Chairman;

(b)        the Minister of Defence;

(c)        the Chief of Defence Staff;

(d)        the Chief of Army Staff;

(e)        the Chief of Naval Staff; and

(f)        the Chief of Air Staff.

(3)        The Permanent Secretary of the Ministry of Defence shall be the Secretary to the Forces Council.

(4)        The Chairman may appoint a member of the Forces Council to perform the duties of the Chairman at any meeting of the Forces Council at which the Chairman is absent and the appointment may be either general or in respect of a particular meeting.

(5)        If a member of the Forces Council is unable for any reason whatsoever to perform his duties as a member, he may, with the approval of the Chairman, nominate an officer in the Armed Forces to perform those duties during the period he is unable to do so.

(6)        The Forces Council may whenever it deems it necessary co-opt any officer, public officer or any other person as a member of the Forces Council for the purpose of any particular meeting but that officer, public officer or other person shall not be entitled to vote at the meeting or count towards a quorum and his membership of the Forces Council shall cease at the end of that particular meeting unless the Forces Council otherwise decides.

5.         (1)        Subject to the provisions of subsection (2) of this section, the Forces Council shall be responsible, under the general authority of the President, for the command, discipline and administration of, and for all other matters relating to the Armed Forces.

(2)        The responsibility of the Forces Council shall not extend to the operational use of the Armed Forces.

6.         The Forces Council shall have power—

(a)        to organise the work of the Forces Council and the manner in which it shall perform its functions and determine the duties and responsibilities of the members of the Forces Council;

(b)        to delegate to any member of the Forces Council, by notification, any function and power of the Forces Council;

(c)        to consult with persons who are not members of the Forces Council;

(d)        to determine the procedure to be followed by the Forces Council in conducting its business, including its quorum; and

(e)        to do such other things which the Forces Council may consider necessary or desirable to secure the better performance of its functions under this Act.

Part III

Command and operational Use

7.         (1)        The Chief of Defence Staff shall, subject to the general direction of the President and of the National Assembly, be vested with the day-to-day command and general superintendence of the Armed Forces.

(2)        Notwithstanding the provisions of subsection (1) of this section, the President may make regulations—

(a)       as to the Service Chief in whom command over the respective service is vested; and

(b)        as to the circumstance in which the command is to be exercised.

(3)        Without prejudice to the generality of the provisions of subsection (2) of this section, regulations made under this section may provide for the duties, functions and powers of the Chief of Defence Staff and the respective Service Chiefs.

8.         (1)        The President shall determine the operational use of the Armed Forces, but may, under general or special directives, delegate his responsibility for the day-to-day operational use—

(a)        of the Armed Forces, to the Chief of Defence Staff;

(b)        of the Army, to the Chief of Army Staff;

(c)        of the Navy, to the Chief of Naval Staff; and

(d)        of the Air Force, to the Chief of Air Staff.

(2)        It shall be the duty of the Chief of Defence Staff, the Chief of Army Staff, the Chief of Naval Staff and the Chief of Air Staff, as the case may be, to comply with any directive given to them by the President under subsection (1) of this section.

(3)        In this section, “operational use of the Armed Forces” includes the operational use of the Armed Forces in Nigeria for the purpose of maintaining and securing public safety and public order.

Part IV

Nigerian Army Council

9.         (1)        There shall be established for the Army a council to be known as the Nigerian Army Council  (in this Act referred to as “the Army Council”).

(2)        The Army Council shall consist of—

(a)        the Minister of Defence who shall be the Chairman;

(b)        the Chief of Defence Staff who shall be the Vice-Chairman; and

(c)        the Chief of Army Staff.

(3)        The Permanent Secretary of the Ministry of Defence shall be the Secretary to the Council.

(4)        The Chairman may, from time to time, appoint any member of the Army Council to perform the duties of the Chairman at any meeting of the Army Council at which the Chairman is absent and the appointment may be either general or in respect of a particular meeting.

(5)        If a member of the Army Council is unable for any reason whatsoever to perform his duties as a member, he may, with the approval of the Chairman, nominate any other officer to perform those duties during the period he is unable to do so.

(6)        The Army Council may, whenever it deems it necessary, co-opt any officer, public officer or any other person as a member of the Army Council for the purpose of any particular meeting of the Army Council but that officer, public officer or other person shall not be entitled to vote at the meeting or count towards a quorum, and his membership of the Army Council shall cease at the end of that particular meeting unless the Army Council otherwise decides.

10.       (1)        Subject to the provisions of subsection (2) of this section, the Army Council shall be responsible, under the general authority of the Chief of Defence Staff, for the command, discipline and administration of and for all other matters relating to the Army.

(2)        The responsibility of the Army Council shall not extend to the operational use of the Army.

11.       The Army Council shall have power—

(a)        to organise the work of the Army Council and the manner in which it shall perform its functions and determine the duties and responsibilities of the members of the Army Council;

(b)        to delegate to any member of the Army Council by notification in the Gazette any of the functions and powers of the Army Council;

(c)        to authorise the Service Chief to delegate his powers in accordance with section 258 of this Act;

(d)        to consult with persons who are not members of the Army Council;

(e)        to determine the procedure to be followed by the Army Council in conducting its business, including its quorum; and

(f)        to do such other things which the Army Council may consider necessary or desirable to secure the better performance of its functions under this Act.

Part V

Nigerian Navy Board

12.       (1)         Subject to the provisions of subsection (2) of this section, there shall be established for the Navy a board to be known as the Nigerian Navy Board (in this Act referred to as “the Board”) which shall be responsible, under the general authority of the Chief of Defence Staff, for matters relating to the command, discipline and administration of, and all other matters relating to the Navy.

(2)        Notwithstanding the provisions of subsection (1) of this section, the Board shall not have responsibility for the operational use of the Navy.

13.       (1)        The Board shall consist of—

                         (a)        the Minister of Defence who shall be the Chairman;

(b)        the Chief of Defence Staff who shall be the Vice-Chairman; and

(c)        the Chief of Naval Staff.

(2)        The Permanent Secretary of the Ministry of Defence shall be the Secretary of the Board.

(3)        The Board may, whenever it deems it necessary, co-opt any officer, public officer or any other person as a member of the Board for the purpose of any particular meeting of the Board, but that officer, public officer or other person shall not be entitled to vote at the meeting or count towards a quorum and his membership of the Board shall cease at the end of that particular meeting unless the Board otherwise decides.

(4)        The Chairman may, from time to time, appoint any member of the Board to perform the duties of the Chairman at any meeting of the Board at which the Chairman is absent and the appointment may be either general or in respect of a particular occasion.

(5)        If any member is for any reason whatsoever unable to perform his duties as a member, he may, with the approval of the Chairman, nominate any other person to perform those duties during the period he is unable to do so.

14.       The Board shall have power—

(a)        to organise the work of the Board and manner in which it shall perform its functions and the duties and responsibilities of the members;

(b)        to delegate to any member of the Board by notification in the Gazette any of the powers or duties of the Board;

(c)        to authorise the Service Chief to delegate his powers in accordance with section 258 of this Act;

(d)        to consult with persons who are not members of the Board;

(e)        to determine the procedure to be followed by the Board in conducting its business, including its quorum; and

(f)        to do such other things which the Board may consider necessary or desirable to secure the better performance of its functions under this Act.

Part VI

Nigerian Air Council

5.         (1)        Subject to the provisions of subsection (1) of this section, there shall be established for the Air Force a council to be known as the Nigerian Air Council (in this Act referred to as “the Air Council”) which shall be responsible under the general authority of the Chief of Defence Staff for matters relating to the command, discipline and administration of, and of other matters relating to, the Air Force.

(2)        Notwithstanding the provisions of subsection (1) of this section, the Air Council shall not have responsibility for the operational use of the Air Force.

16.       (1)        The Air Council shall consist of—

(a)        the Minister of Defence who shall be the Chairman;

(b)        the Chief of Defence Staff who shall be the Vice-Chairman; and

(c)        the Chief of Air Staff.

(2)        The Permanent Secretary of the Ministry of Defence shall be the Secretary of the Air Council.

(3)        The Air Council may, whenever it deems it necessary, co-opt any officer, public officer or any other person as a member of the Council for the purpose of any particular meeting of the Council, but that officer, public officer or other person shall not be entitled to vote at the meeting or count towards a quorum and his membership of the Air Council shall cease at the end of that particular meeting unless the Air Council otherwise decides.

(4)        The Chairman may nominate any member of the Air Council to perform the duties of the Chairman at any meeting of the Air Council at which the Chairman is absent and any such nomination may be either general or in respect of a particular occasion.

(5)        If a member of the Air Council is, for any reason whatsoever, unable to perform his duties as a member, he may, with the approval of the Chairman, nominate any other person to perform those duties during the period he is unable to do so.

17.       The Air Council shall have power—

(a)        to organise the work of the Air Council and the manner in which it shall perform its functions and the duties and responsibilities of the members;

(b)        to delegate to any member of the Air Council by notification in the Gazette any of the powers or duties of the Air Council;

(c)        to authorise the Service Chief to delegate his powers in accordance with section 258 of this Act;

(d)        to consult with persons who are not members of the Air Council;

(e)        to determine the procedure to be followed by the Air Council in conducting its business; and

(f)        to do such other things which the Air Council may consider necessary or desirable to secure the better performance of its functions under this Act.

Part VII

Administration, Government and Command

Command

18.       (1)        The President, may, after consultation with the Chief of Defence Staff and subject to confirmation by the National Assembly, appoint such officers (in this Act referred to as “the Service Chiefs”) as he thinks fit, in whom the command of the Army, Navy and Air Force, as the case may be, and their Reserves shall be vested.

(2)        The Service Chief shall be known—

(a)        in the case of the Nigerian Army, as the Chief of Army Staff;

(b)        in the case of the Nigerian Navy, as the Chief of Navy Staff; and

(c)        in the case of the Air Force, as the Chief of Air Staff.

(3)        Subject to the terms of appointment of the Service Chiefs and to such directions as to the operational use of the Army, Navy and Air Force as may be given under section 8 of this Act, the Service Chiefs shall have the command, direction and general superintendence of the Army, Navy and the Air Force respectively, and their Reserves.

(4)        The President may, before consulting with the Chief of Defence Staff, consult with the Forces Council, but the question as to whether any consultation was held or what happened in the course of a consultation shall not be enquired into.

19.       In so far as the power of command depends on ranking, a member of the Army, Navy, Air Force or of a military unit, who is acting together with any of the services, jointly or severally (either with or without his unit or any part thereof) shall have the like powers as a member of the corresponding rank of the respective service and for purposes of an act or omission relating to insubordination and the like offence that member shall be treated as if he were a member of the corresponding rank of the respective service.

20.       (1)        A member of the Armed Forces may be attached temporarily to any of the services by order of the Forces Council.

(2)        The Forces Council shall make regulations to prescribe circumstances in which officers, soldiers, ratings and aircraftmen shall be deemed to be attached to any of the services, as the case may be.

21.       (1)        The President may, by order, direct that this section shall apply to a member of the force of a foreign country and where the President so directs, the Forces Council—

(a)       may attach temporarily to any of the services any member of the foreign force to which the other force belongs; or

(b)       subject to anything to the contrary in the conditions applicable to the Armed Forces, the Forces Council may place any member of the Armed Forces at the disposal of the service authorities of a foreign country for the purpose of being attached temporarily by those authorities to the forces of that country.

(2)        Where a member of a foreign force is by virtue of this section attached temporarily to the Armed Forces as an officer, a soldier, rating or an aircraftman, as the case may be, he shall for the period of attachment be subject to this Act to the extent to which its application to him is not modified by an order which the President may make under this subsection, in like manner as if he were a member of the Armed Forces of relative rank, and accordingly he shall be so treated and have like powers of command and punishment over members of the Armed Forces.

(3)        When the Armed Forces and the force to which this section applies are serving together whether alone or not—

(a)       a member of the foreign force shall be treated and shall have over members of the Armed Forces the like powers of command as if he were a member of the Armed Forces of relative rank; and

(b)       if the Armed Forces and the foreign force are acting in combination, an officer of the foreign force appointed by the Forces Council, or in accordance with regulations made by the Forces Council to command the combined force or any part thereof, shall have, over members of the combined force, like powers of command and punishment and may be invested with the like authority to convene and confirm the findings and sentences of courts-martial as if he were an officer of the Armed Forces of relative rank and holding the same command.

(4)        For the purposes of this section, forces shall be deemed to be serving together or acting in combination if, and only if, they are by order of the Forces Council declared to be so serving or so acting, and the relative rank of members of the combined forces shall be such as may be prescribed by regulations made by the Forces Council.

(5)        Without prejudice to any agreement which may be reached, a person shall not cease to be subject to this Act by reason only of attachment in pursuance of this section.

(6)        In this section, “force of a foreign country” or “foreign force” means the armed forces of a foreign country.

22.       The President may make regulations as to the person in whom command over the establishments and units or any member thereof is vested and as to the circumstance in which command as aforesaid is to be exercised, and without prejudice to the generality of the foregoing, may in such regulations provide for the duties, functions and powers of command and staff of the Armed Forces.

Part VIII

Officers

23.       (1)        No person shall be appointed to a commission in any of the services of the Armed Forces unless he is a citizen of Nigeria and has been recommended by a board of officers set up by the appropriate Service Chief.

(2)        A person recommended for appointment to a commission in the Armed Forces shall be appointed to a commission either for an indefinite period or for a specified time.

(3)        An officer on appointment shall be issued with a commission in the form prescribed by regulations made under section 26 of this Act and signed by the President, Commander-in-Chief of the Armed Forces.

(4)        The appointment of a person to a commission in the Armed Forces shall be published in the Gazette.

24.       All promotions, retirements, resignations and dismissals of an officer from any of the services of the Armed Forces shall be published in the Gazette.

25.       An officer who has retired or was permitted to resign may be recalled at any time during the currency of any term of reserve service in accordance with regulations made under this Act, and on the recall, shall be liable to serve until he is released or discharged.

26.       The President may make regulations governing the commissioning of officers, their terms of service, promotion, retirement, resignation, dismissal and such other matters concerning officers of the Armed Forces as may seem to him necessary.

Part IX

Enlistment and Terms and Conditions of Service

27.       A person (in this Act referred to as a “recruiting officer”) authorised in that behalf by regulations made under this Part of this Act may enlist recruits in the Armed Forces.

28.       (1)        A person seeking to enlist in the Armed Forces shall be given a notice in the prescribed form setting out questions to be answered on attestation and stating the general conditions of the engagement to be entered into by him and a recruiting officer shall not enlist a person in the Armed Forces, unless he is satisfied by that person that he was given that notice, understands it and wishes to be enlisted.

(2)        A recruiting officer shall not enlist a person under the apparent age of eighteen years, unless consent to the enlistment has been given in writing by that person’s parents or guardian or, where the parents or guardian are or is dead or unknown, by some person approved by the Chairman of the Local Government in which the person applying for enlistment resides or, in the case of a person who resides in the Federal Capital Territory, Abuja, by the Mayor.

29.       (1)        The term for which a person enlisting in the Armed Forces may be enlisted shall be such a term beginning with the date of his attestation, as is mentioned in subsections (2) and (3) of this section.

(2)        Where the person enlisting has apparently attained the age of eighteen years, the term of enlistment shall, as may be prescribed, not exceed twelve years, and be classed—

(a)        as a term of regular service; or

(b)       as to a prescribed part, a term of regular service and as to the remaining part, a term in the Armed Forces Reserve.

(3)        Where the person enlisting has not apparently attained the age of eighteen years, the term shall be a term ending with the expiration of such period not exceeding twelve years as may be prescribed beginning with the date on which he attained that age, and be classed—

(a)        as a term of regular service; or

(b)       as to a prescribed part, a term of regular service, and as to the remaining part, a term of service in the Armed Forces Reserve.

30.       (1)        An enlisted person, before or after completing the term of his regular service, may, with the approval of the respective competent service authority, re-engage for such further period or periods of regular service and service in the Reserve as may be prescribed, so however that—

(a)       at the expiration of twelve years of continuous regular service from the date of his original attestation or the date when he apparently attained the age of eighteen years, whichever is the later, all reserve service due by him shall be deemed to have been completed; and

(b)       such further period or periods of regular service, together with the original period of regular service, shall not, except as provided by subsections (2) and (3) of this section, exceed a total continuous period of eighteen years of regular service from the date of the enlisted person’s original attestation or the date upon which he apparently attained the age of eighteen years, whichever is the later.

(2)        An enlisted person who has completed a period of eighteen years of regular service may, if he so desires and with the approval of the respective competent service authority, continue to serve to complete 22 years of regular service in all respects as if his term of regular service was still unexpired, provided that—

(a)       he claims his discharge at the expiration of three months after he has given notice to his commanding officer of his wish to be discharged; and

(b)       his commanding officer may give him three months’ notice of intention to discharge him.

(3)        An enlisted person who has completed a period of 22 years of regular service may, if he so desires and with the approval of the respective competent service authority, continue to serve in all respects as if his term of regular service was still unexpired.

31.       An enlisted person whose term of regular service expires during a state of war, insurrection, hostilities or public emergency may be retained in the Armed Forces and his service prolonged for such further period as the respective competent service authority, with the approval of the Chief of Defence Staff and the Minister, may direct.

Part X

Discharge and Transfer to the Reserve

32.       (1)        Unless otherwise prescribed by this Act, if an enlisted person becomes entitled to be discharged, he shall be discharged with all convenient speed; but until discharged, he shall remain subject to service law under this Act.

(2)        If an enlisted person to be discharged is serving out of Nigeria and his term of service is prolonged under this Act, he shall be returned to Nigeria free of cost with all convenient speed and be discharged on his arrival in Nigeria or, if he consents to his discharge being delayed, within six months from his arrival.

(3)        Except in pursuance of a sentence of a court-martial under this Act, an enlisted person shall not be discharged unless his discharge has been authorised by order of the respective Service Chief in accordance with regulations made under this Part of this Act.

(4)        An enlisted person shall be given on his discharge a certificate of discharge containing such particulars as may be prescribed, provided that, an enlisted person who is discharged within six months of the date of attestation shall not be entitled to receive a certificate of discharge.

(5)        An enlisted person who is discharged in Nigeria shall be entitled to be conveyed free of cost from the place where he is discharged to the place stated in his attestation paper to be the place where he was attested or to any place at which he intends to reside and to which he can be conveyed with no greater cost.

33.       (1)        Subject to the provisions of this Act, an enlisted person whose term of service requires his transfer to the Reserve shall, when so due, be transferred to the Reserve; but until he is so transferred, he shall remain subject to this Act.

(2)        When an enlisted person due for transfer to the Reserve is serving outside Nigeria, he shall be returned to Nigeria free of cost with all convenient speed and be transferred to the Reserve on his arrival in Nigeria; or, if he consents to his transfer being delayed, he shall be so transferred not later than six months from the date of his arrival in Nigeria.

(3)        An enlisted person who is transferred to the Reserve in Nigeria shall be entitled to be conveyed free of cost from the place where he is transferred to the place stated in his attestation paper to be the place where he was attested or to any place at which he intends to reside and to which he can be conveyed at no greater cost.

(4)        An enlisted person due for transfer to the Reserve may, instead of being so transferred, be discharged forthwith by the respective competent service authority without assigning any reason.

(5)        If an enlisted person is so discharged, the provisions of section 32 of this Act shall have effect instead of the provisions of this section.

34.       Unless there exists a state of war or public emergency or there is an insurrection or hostilities have commenced, if a Warrant Officer or Chief Petty Officer is reduced to the ranks or ordinary rating, as the case may be, he may thereupon claim to be discharged.

35.       An enlisted person may be discharged at any time by a competent service authority during his term of engagement.

36.       (1)        Subject to the provisions of section 43 of this Act, an enlisted person may claim his discharge within six months after the date of his first attestation, and if a competent service authority approves, he shall, on payment of a sum of not more than three hundred naira as may be determined by the competent service authority, be discharged accordingly.

(2)        Nothing in section 32 of this Act shall apply to a discharge under subsection (1) of this section, and until his discharge, the enlisted person shall remain subject to service law under this Act.

Part XI

Miscellaneous and Supplementary Provisions relating to Discharge, etc.

37.       (1)        In reckoning the service of an enlisted person for discharge or re-engagement or transfer to the Reserve, there shall be excluded therefrom—

(a)       all periods during which he has been absent from duty for any of the following causes—

(i)         imprisonment;

(ii)        desertion;

(iii)       absence without leave exceeding twenty-eight days; and

(b)        any period ordered by a court-martial to be forfeited.

(2)       Regulations under this Part of this Act may make provision for restoring service excluded by the provisions of subsection (1) of this section, in consideration of good service or on other grounds justifying the restoration of service so excluded.

38.       (1)        Where a person has on attestation made the prescribed declaration and thereafter receives pay as a member of the Armed Forces—

(a)       the validity of his enlistment shall not be called in question on the grounds of an error or omission in his attestation paper;

(b)       after the expiration of a period of three months from the date on which he made the declaration, he shall be deemed to have been validly enlisted notwithstanding any non-compliance with the requirements of this Act or any other ground whatsoever (not being an error or omission in his attestation paper),

and, accordingly, he shall be subject to service law under this Act until his discharge under this Act.

(2)        Where a person has received pay consequent on enlistment without having previously made the prescribed declaration for enlisting, he may claim his discharge at any time, and if he makes such claim, the claim shall be submitted as soon as may be to the competent service authority who shall cause him to be discharged with all convenient speed, and until he is discharged, he shall be deemed to be an enlisted person.

(3)        Nothing in this section shall be construed as prejudicing the determination of any question as to the term for which a person was entitled or as preventing the discharge of a person who has not claimed his discharge.

39.       Notwithstanding the foregoing provisions of this Act, liability for prosecution shall lie in the case of an enlisted person whose enlistment into any service of the Armed Forces is founded on fraudulent misrepresentation of actual facts or any other irregularity which otherwise shall have disentitled or disqualified the person from being enlisted nor shall such false representation regularise his intention to commit an offence, vacate or evade military duty of any kind.

40.       The Armed Forces Pensions Act shall apply. (Cap A23)

41.       (1)        Notwithstanding the definition of service as provided for under section 16 of the Armed Forces Pensions Act, every officer, soldier, rating or aircraftman to whom that Act applies who, in the actual discharge of his duty and without his own default, has received wounds or injuries or suffered illness, shall be entitled to disability pension.

(2)        The family of any officer, soldier, rating or aircraftman who has been killed or has died of wounds received in the course of his duty or who has died through illness directly attributable to fatigue or exposure incidental to his service in the Armed Forces, shall be entitled to such benefits under the Armed Forces Pensions Act as may be prescribed.

(3)        For the purpose of this section—

“active service” includes military service in peace-time; and

“duty” includes active service.

42.       The President may, by order, direct that any officer, soldier, rating or aircraftman of the Armed Forces shall proceed to any place outside Nigeria for the purpose of undergoing instruction or training or for duty or employment.

43.       Notwithstanding anything to the contrary in this Act—

(a)        a person subject to service law under this Act shall not be discharged or transferred to the Reserve at a time when he has become liable as a person subject to service law under this Act to be proceeded against for an offence against any of the provisions of service law;

(b)        any person subject to service law under this Act who is serving a sentence of imprisonment or detention awarded by a court-martial under service law or by his commanding officer, shall not be entitled to be discharged or transferred to the Reserve during the currency of the sentence.

44.       (1)        In this Part of this Act, “competent service authority” means an officer designated as such by the Army Council, Navy Board or Air Council, as the case may be, for the purposes of this Part of this Act.

(2)        The Forces Council may, with the approval of the President, make such regulations as appear to the Forces Council to be necessary or expedient for the purpose of, or in connection with the enlistment of recruits for the Army, Navy, Air Force and generally for carrying this Part of this Act into effect, and without prejudice to the generality of the foregoing provisions of this subsection, such regulations may make provisions for—

(a)        prescribing the form of attestation paper to be used; and

(b)        an oath or affirmation to be administered on enlistment.

Part XII

Offences

Misconduct in action

45.       (1)        A person subject to service law under this Act who, with intent to assist the enemy—

(a)       abandons or delivers up any place, post or thing which it is his duty to defend, or induces any other person to abandon or deliver up any place, post or thing which it is that person’s duty to defend; or

(b)       does or fails to do any act calculated to imperil the success of operation of any service of the Armed Forces or of any forces co-operating with the Armed Forces or of any part of any of those forces; or

(c)        having been made a prisoner of war, serves with or aids the enemy in the prosecution of hostilities or of measures calculated to influence morale, or in any other manner whatsoever not authorised by international usage; or

(d)       furnishes the enemy with arms or ammunition or with supplies of any description; or

(e)        harbours or protects an enemy not being a prisoner of war,

is guilty of an offence under this section and liable, on conviction by a court-martial, to suffer death or any other punishment provided by this Act.

(2)        A person subject to service law under this Act who, knowingly and without lawful excuse—

(a)       abandons or delivers up any place, post or thing which it is his duty to defend or induces any other person to deliver up any place, post or thing which it is that person’s duty to defend; or

(b)       does or fails to do any act calculated to imperil the success of operations of any service of the Armed Forces or of any force co-operating with the Armed Forces or of any part thereof or of any of those forces; or

(c)        having been made a prisoner of war, serves with or aids the enemy in the prosecution of hostilities or of the measures calculated to influence morale, or in any manner whatsoever not authorised by international usage; or

(d)       furnishes the enemy with arms or ammunition or with supplies of any description; or

(e)        habours or protects an enemy not being a prisoner of war,

is guilty of an offence under this section and liable, on conviction by a court-martial, to suffer death or any less punishment provided by this Act.

(3)        For the purpose of this section, “thing” means and includes a vehicle, ship, gun, tank, vessel, craft, boat, an aircraft, a radar and an ammunition.

46.       (1)        A person subject to service law under this Act who, with intent to assist the enemy, communicates with or gives intelligence to the enemy, is guilty of an offence under this section and liable, on conviction by a court-martial, to suffer death or any other punishment provided by this Act.

(2)        A person subject to service law under this Act who, without lawful authority, communicates with or gives intelligence to the enemy is guilty of an offence under this section and liable, on conviction by a court-martial, to suffer death or any other punishment provided by this Act.

(3)        In this section, “intelligence” means information which is or purports to be information as to any matter such that information about it would or might be directly or indirectly useful to an enemy and in particular (but without prejudice to the generality of the foregoing provisions of this subsection) as to a matter falling within any of the following paragraphs, being a matter such that information as to it would or might be useful as aforesaid, that is—

(a)       the number, description, armament, equipment, disposition, movement or condition of any service of the Armed Forces or of any force co-operating with the Armed Forces or of a ship or an aircraft of the co-operating force;

(b)       any operation or projected operation of the Armed Forces or any force co-operating with the Armed Forces or a ship or aircraft of the co-operating force;

(c)        any code, cipher, call sign, password or countersign;

(d)       any measure for the defence or fortification of any place on behalf of the Federal Government;

(e)        the number, description or location of any prisoner of war;

(f)        munitions of war.

47.   (1)            A person subject to service law under this Act who, when before the enemy—

(a)        leaves the post, position, watch or other place where it is his duty to be; or

(b)       throws away his arms, ammunition or tools, in such a manner as to show cowardice or otherwise behaves in such a manner as to show cowardice,

shall be guilty of an offence against this section.

(2)        A person subject to service law under this Act who when before the enemy, induces any other person subject to this Act and before the enemy to commit an offence under subsection (1) of this section shall be guilty of an offence against this section.

(3)        A person guilty of an offence against this section shall, on conviction by a court-martial, be liable to suffer death or any less punishment provided by this Act.

(4)        It shall be a valid defence under this section if the surrender or abandonment of a place, post or thing by a person charged with its defence is justified by reason of superior order, the utmost necessity such as want of provisions, water, logistic support, the absence of hope or relief, inability to offer further resistance or the certainty or extreme probability that no further efforts could prevent the place, post or thing falling into enemy hands.

48.       A person subject to service law under this Act who—

(a)        spreads (whether orally, in writing, by signal or otherwise) reports relating to operations of any of the services of the Armed Forces or any forces co-operating therewith, or of any part of any of these forces being reports calculated to create despondency or unnecessary alarm; or

(b)        when before the enemy, uses words calculated to create despondency or unnecessary alarm,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for life or any less punishment provided by this Act.

49.       (1)        A person subject to service law under this Act who, through disobedience to order or wilful neglect of his duty, is captured by the enemy, is guilty of an offence under this section.

(2)        A person subject to service law under this Act who, having been captured by the enemy, fails to take, or prevents or discourages any other person subject to service law under this Act who has been captured by the enemy from taking any reasonable steps which are available to him or, as the case may be, to that other person, to rejoin the Armed Forces, is guilty of an offence under this section.

(3)        A person guilty of an offence under this section is liable, on conviction by a court-martial, to imprisonment for life or any less punishment provided by this Act.

50.       Offences by or in relation to sentries, watch, etc.

(1)        A person subject to service law under this Act who, while on guard duty or watch—

(a)        sleeps at his post or watch; or

(b)        when not on duty at a post or watch is asleep at a time when he is not allowed to be asleep; or

(c)        is drunk; or

(d)        leaves his post or watch without having been regularly relieved; or

(e)        otherwise absents himself from any place, post or watch where it is his duty to be,

is guilty of an offence under this section.

(2)        For the purposes of this section, a person shall be treated as being drunk if owing to the influence of alcohol or any drug, whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty.

(3)        A person subject to service law under this Act who strikes or otherwise uses force against any person on guard duty or watch being a member of the Armed Forces, or of any force co-operating with the Armed Forces, or by threat or force compels that person to let him or any other person pass, is guilty of an offence against this section.

(4)        A person guilty of an offence under this section is liable on conviction by a court-martial, to imprisonment for—

(a)        five years, if the offence was committed on active service; and

(b)        a term not exceeding two years if the offence was not committed on active service.

(5)        Reference in this section to a person on guard duty or watch is reference to a person who—

(a)       is posted or ordered to patrol, keep watch or has adopted the position of sentry at a post or has undertaken the patrol; or

(b)       is a member of a guard or other party mounted or ordered to patrol for the purpose of protecting any person, premises or place.

(6)        The foregoing provisions of this section shall apply in relation—

(a)       to a person posted or ordered to patrol or keep watch or who has adopted the position of sentry at a post or has undertaken the patrol; and

(b)       to a member of a party mounted or ordered to patrol or keep watch for purposes or preventing or controlling access to or egress from any premises or place or of regulating traffic by road, by rail, by air or any inland navigation,

as they apply to a person on guard duty or watch.

51.       A person subject to service law under this Act who—

(a)        steals from, or with intent to steal, searches the body of a person killed, wounded or captured in the course of war-like operations, or killed, injured or detained in the course of operation undertaken by any service of the Armed Forces for the preservation of law and order or otherwise in aid of the civil authorities; or

(b)        steals any property which has been left exposed or unprotected in consequence of the operations as are mentioned in paragraph (a) of this section; or

(c)        takes, otherwise than for the public service, any vehicle, equipment or stores abandoned by the enemy,

is guilty of looting and liable, on conviction by a court-martial, to imprisonment for a term not exceeding seven years or any less punishment provided by this Act.

Mutiny

52.       (1)         A person subject to service law under this Act who—

(a)       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

(b)       incites any other person subject to service law under this Act to take part in a mutiny, whether actual or intended,

is guilty of an offence under this subsection and liable, on conviction by a court-martial, to suffer death.

(2)        A person subject to service law under this Act who, in a case not falling within subsection (1) of this section, 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 under this subsection and liable, on conviction by a court-martial, to life imprisonment.

(3)        In this section and other sections of this Act, “mutiny” means a combination between two or more persons subject to service law under this Act or between persons, two at least of whom are subject to service law under this Act—

(a)       to overthrow or resist lawful authority in the Federation or in any arm or service of the Armed Forces or in any force co-operating with the Armed Forces or in any part of those forces; or

(b)       to disobey the authority as is mentioned in paragraph (a) of this subsection 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

(c)        to impede the performance of any duty or service in the Federation or in any arm or service of the Armed Forces or in any force co-operating with the Armed Forces or in any part of those forces.

53.       (1)        A person subject to service law under this Act who, knowing that a mutiny is taking place or is intended—

(a)        fails to use his utmost endeavour to suppress or prevent it; or

(b)        fails to report without delay that the mutiny is taking place or is intended,

is guilty of an offence under this section.

(2)        A person guilty of an offence under subsection (1) of this section is liable, on conviction by a court-martial—

(a)        if the offence was committed with intent to assist the enemy, to life imprisonment;

(b)       in any other case, to imprisonment for a term not exceeding five years or any less punishment provided by this Act.

Insubordination

54.       (1)        A person subject to service law under this Act who—

(a)        strikes or otherwise uses violence to, or offers violence to, his superior officer; or

(b)        uses threatening or insubordinate language to his superior officer,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2)        A person convicted under subsection (1) of this section shall only be liable to be imprisoned for not more than two years if the offence was committed on active service or involved the striking or other use of violence, to the superior officer exercising authority as such.

(3)        In subsections (1) and (2) of this section, “superior officer” in relation to a person, means an officer, a warrant officer or its equivalent rank, non-commissioned officer subject to service law under this Act of superior rank, and includes an officer, a warrant officer or its equivalent rank, or non-commissioned officer so subject of equal rank but greater seniority while exercising authority as that person’s superior.

55.       A person subject to service law under this Act who—

(a)        fights, quarrels or behaves in a disorderly manner with any other person, whether subject to service law under this Act or not; or

(b)        uses threatening, abusive, insulting or provocative words or behaviour likely to cause a disturbance,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

56.       (1)        A person subject to service law under this Act who, in such manner as to show wilful defiance of authority, disobeys a lawful command given or sent to him by whatever means is guilty of an offence under this subsection and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2)        A person subject to service law under this Act who, whether wilfully or through neglect, disobeys a lawful command is guilty of an offence under this subsection and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

57.       (1)        A person subject to service law under this Act who contravenes or fails to comply with a provision of an order to which this section applies, being a provision known to him, or which he might reasonably be expected to know, is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2)        This section applies to standing orders or other routine orders of a continuing nature made for any formation, unit or body of troops or for any area, garrison or place, or for any ship, train or aircraft.

58.       A person subject to service law under this Act who—

(a)        obstructs; or

(b)        when called on, refuses to assist,

a person known to him to be a provost officer, or to be a person (whether subject to service law under this Act or not) lawfully exercising authority under or on behalf of a provost officer, is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

Absence from Duty, etc.

59.       A person subject to service law under this Act who—

(a)        absents himself without leave; or

(b)        persuades or procures any other person subject to service law under this Act to absent himself without leave,</