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16.09.2024 Featured Nigerian Law Criminalises Civilians Wearing Military Camouflage Except…

Published 16th Sep, 2024

By Abimbola Abatta

The clip of a Nigerian soldier threatening to cripple a comedian using military camouflage for content creation emerged on X on Monday.

In the video shared by entertainment and news blog YabaLeftOnline, the yet-to-be-identified soldier confronts Oyadare Emmanuel Gbolahan, the comedian known as Joblaq.

“…For you to dey use my father’s camo to do comedy, I no support that one. If e no come from us, anybody wey grab you, they will make you feel like you don’t want life anymore,” the soldier stated.

“Use your head in anything you are doing. Cute Abiola was a serving personnel when he was arrested for using military camo to do comedy. And you, a bloody civilian, are using my father’s camo to do comedy. I want to know what is motivating you. I will cripple you; you will not walk.”

There have been pockets of debates on the legality of a civilian wearing military camouflage over the years. And this recent video has sparked another social media conversation on this topic.

READ ALSO: Chief of Defence Staff Tells 26 Soldiers to Share N1m for Killing Terrorist With N5m Bounty

An X user with the handle @maneekofficial wrote, “I think the government ought to tighten the law surrounding camo use. Every offender, no matter who they are, should be punished. If it’s not done this way, we’ll keep seeing videos like this pop up.”

@Gracebal0, another X user wrote, “I will never understand why this should even be a problem in the first place, who made this rule that no one except soldiers should wear camouflage?”

“Nigerian soldier with a colonial mentality complaining about civilian(s) wearing camouflage in the 21st century digital age. Who will get Nigerians out of intellectual and spiritual poverty?” @fomax112 responded.

READ ALSO: Nasarawa Polytechnic Student Dies ‘After Assault by Soldiers’

A military source, who did not want to be named, told FIJ that “it is actually a crime, but the thing is military personnel are not allowed to beat or harass anyone caught wearing military camouflage. Instead, they are supposed to hand them over to the police”.

FIJ checked Section 110 of the Criminal Code Act to confirm what the law says about this issue.

Titled ‘Unlawfully wearing the uniform of the armed forces’, this section prevents civilians from the use of armed forces’ uniforms.

Any person who (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 dress having the appearance or bearing any of the regimental or other distinctive marks of such uniforms; or

(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 to wear such uniform or dress, badge or mark or to carry such token:

Provided that this section of this Code 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.

Camouflage falls under this category of uniform because it belongs to the military, and it attracts one-month imprisonment or a fine. The only two exceptions are if it is worn with the permission of the President or the Governor of the State or in any bona fide public entertainment.

READ ALSO: INTERVIEW: ‘No Food, No Water’ — How Final-Year Student Spent 3 Years in Wawa Military Detention for Attending Nnamdi Kanu’s Trial

Section 251 of the same Act also frowns on bringing contempt on the uniform, and the penalty for this is imprisonment for up to three months or a fine of forty naira.

It states: Any person who, not being a person serving in any of the armed forces or police forces of Nigeria, wears the uniform of any of these forces, or any dress having the appearance or bearing of any regimental or other distinctive marks of any such uniforms, in such a 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 to a fine of forty naira.

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Published 16th Sep, 2024

By Abimbola Abatta

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