ARMED FORCES ACT

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ARMED FORCES ACT

CHAPTER A20 LAWS OF THE FEDERATION OF NIGERIA, L.F.N. 2004

ARRANGEMENT OF SECTIONS

PART I – Establishment and Composition of the Armed Forces

1. Establishment and functions of the Armed Forces.

2. Establishment of the Armed Forces Reserve.

3. Pay regulations, duties, recall, etc., of the Armed Forces Reserve.

PART II – Establishment of Armed Forces Council

4. Establishment of the Armed Forces Council.

5. Functions of the Forces Council.

6. Powers of the Forces Council.

PART III – Command and operational use

7. Day-to-day command of the Armed Forces.

8. Operational use of the Armed Forces.

PART IV – Nigerian Army Council

9. Establishment and composition of the Nigerian Army Council.

10. Functions of the Army Council.

11. Powers of the Army Council.

PART V – Nigerian Navy Board

12. Establishment of the Nigerian Navy Board.

13. Membership of the Board.

14. Powers of the Board.

PART VI – Nigerian Air Council

15. Establishment of the Air Council.

16. Membership of the Air Council.

17. Powers of the Air Council.

PART VII – Administration, Government and Command

18. Appointment of Service Chiefs, etc.

19. Powers of command of members of co-operating services.

20. Attachment of members of other services.

21. Attachment of personnel of foreign armed forces, powers of command, etc.

22. Regulations as to command.

PART VIII – Officers

23. Appointment of officers.

24. Publication of promotion, etc., of officers.

25. Recall of officers from retirement.

26. Regulations as to officers.

PART IX – Enlistment and Terms and Conditions of Service

27. Recruiting officers.

28. Enlistment.

29. Terms of enlistment.

30. Re-engagement and continuance in service.

31. Prolongation of service.

PART X – Discharge and Transfer to the Reserve

32. Discharge.

33. Transfer to the Reserve.

34. Right of warrant officer, chief petty officer to be discharged on reduction to ranks or rating.

35. Power to discharge.

36. Right of enlisted person to purchase discharge.

PART XI – Miscellaneous and Supplementary Provisions relating to Discharge, etc.

37. Rules for reckoning service.

38. Validity of attestation and enlistment.

39. Fraudulent, irregular enlistment, etc.

40. Pensions provisions.

41. Provisions as to death or injury.

42. Service outside Nigeria.

43. Postponement of discharge or transfer pending proceedings for offences, etc.

44. Interpretation of, and power to make certain regulations for this Part.

PART XII – Offences        

Misconduct in Action

45. Aiding the enemy.

46. Communication with the enemy.

47. Cowardly behaviour.

48. Offences against morale.

49. Becoming a prisoner of war through disobedience or wilful neglect and failure to rejoin Armed Forces.

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

51. Looting.

Mutiny

52. Mutiny.

53. Failure to suppress mutiny.

Insubordination

54. Insubordinate behaviour.

55. Fighting, quarrelling and disorderly behaviour.

56. Disobedience to particular orders.

57. Disobedience to standing orders.

58. Obstruction of provost officers.

Absence from Duty, etc.

59. Absence without leave.

60. Desertion.

61. Assisting and concealing desertion and absence without leave.

62. Failure to perform military duties.

Malingering and Drunkenness

63. Malingering.

64. Drunkenness.

65. Drugs: wrongful use, possession, etc., of controlled substances.

Offences relating to Property

66. Offences in relation to public and service property.

67. Offences in relation to property of members of Armed Forces.

68. Miscellaneous offences relating to property.

Navigation and Flying Offences

69. Loss or hazarding vehicle, ship or aircraft.

70. Dangerous flying, etc.

71. Low flying.

72. Annoyance by navigation or flying.

Other Offences in respect of Ships and Aircraft, etc.

73. Inaccurate certification of ships, aircraft, parachutes, etc.

74. Improper carriage of persons and goods.

Prize Offences

75. Prize offences by commanding officers.

76. Other prize offences.

Sexual Offences

77. Rape and carnal knowledge.

78. Defilement.

79. Sexual relation with service personnel’s spouse.

80. Fraternisation.

81. Sodomy.

Offences relating to Billeting and Requisitioning of Vehicles

82. Billeting offences.

83. Offences in relation to requisitioning of vehicles.

Offences relating to and by Persons in Custody

84. Irregular arrest and confinement.

85. Permitting escape and unlawful release of prisoner.

86. Resistance to arrest.

87. Escape from confinement or custody.

Miscellaneous Offences

88. Injurious disclosures.

89. Making of false statement on enlistment.

90. Making of false documents.

91. Scandalous conduct of officer.

92. Ill-treatment of officer, soldier, rating or aircraftman of inferior rank.

93. Disgraceful conduct.

94. False accusation.

95. Attempts to commit offences.

96. Examination malpractices.

97. Impersonation.

98. Aiding and abetting service offence.

99. Obstruction of police officer arresting service person.

Offences in relation to Court-Martial

100. Offences in relation to court-martial.

101. False evidence.

102. Court-martial records: destruction, falsifying, removing, etc.

Conduct to Prejudice of Service Discipline

103. Conduct to the prejudice of service discipline.

Civil Offences

104. Assault.

105. Manslaughter.

106. Murder.

107. Robbery.

108. Extortion.

109. Burglary.

110. House-breaking.

111. Arson.

112. Forgery.

113. Cheating.

114. Other civil offences.

PART XIII – Punishment

Summary Trial

115. Officers.

116. Warrant or petty officer, non-commissioned officers, soldiers, ratings or aircraftmen.

117. Right of election of officers, warrant and petty officers to be tried by court-martial.

Courts-Martial

118. Punishment of officers.

119. Punishment of soldiers, ratings and aircraftmen.

120. Field punishment.

PART XIV – Trial Procedure

Arrest

121. Power to arrest offenders.

122. Provisions for avoiding delay after arrest, etc.

Investigation of and Summary Dealing with Charges

123. Investigation of charges by commanding officer.

124. Charges to be dealt with summarily or by court-martial.

125. Further proceedings on charges against non-commissioned officers, soldiers, ratings and aircraftmen.

126. Further proceedings on charges against officers and warrant officers.

127. Dismissal of charges referred to higher authority.

128. Officers who are to act as appropriate superior authority.

Courts-Martial: General Provisions

129. Types of courts-martial.

130. Jurisdiction of courts-martial.

131. Officers having power to convene court-martial.

132. Jurisdiction for joint trial.

133. Constitution of courts-martial.

134. Supplementary provisions as to constitution of courts-martial.

135. Place for sitting of courts-martial and adjournment to other places.

136. Dissolution of courts-martial.

Courts-Martial: Provisions relating to Trial

137. Challenges by accused of membership of court-martial.

138. Administration of oaths and affirmations.

139. Courts-martial to sit in open court.

140. Decisions of courts-martial.

141. Finding and sentence.

142. Power to convict for offence other than that charged.

143. Rules of evidence.

144. Privileges of witness and others at courts-martial.

145. Summoning of witnesses.

146. Offences by civilians in relation to courts-martial.

PART XV – Post- Trial Procedure

Review of Summary Findings and Awards

147. Review of summary findings and awards.

Confirmation, Revision and Review of Proceedings of Courts-Martial

148. Confirmation of proceedings of courts-martial and unconditional release from custody.

149. Petitions against findings or sentences of courts-martial.

150. Revision of findings of court-martial.

151. Powers of confirming authority.

152. Confirming authority.

153. Sentence of death to be approved by President.

154. Petitions after confirmation, review of findings and sentences.

155. Reconsideration of sentence of imprisonment.

Finding of Insanity, etc.

156. Provisions where accused found insane.

Commencement, Suspension and Duration of Sentence

157. Commencement of sentence.

158. Duration of sentence of imprisonment.

159. Suspension of sentence and right of accused to release from custody.

160. Release pending appeal to confirming authority or appropriate superior authority.

161. Undertaking by accused.

162. Release from custody, review, new undertaking and return to duty.

163. Breach of undertaking.

164. Special provisions as to civil prisons in Nigeria.

165. Special provisions as to carrying out or serving of sentence outside Nigeria.

166. Country in which sentence of imprisonment is to be served.

167. Duties of persons in charge of prison and others to receive prisoners.

Trial of Persons ceasing to be subject to Service Law and Time Limited for Trials

168.  Trial, etc., of offences although offender no longer subject to service law.

169.  Limitation of time for trial of offences under this Act.

Relations between Armed Forces and Civil Courts and Finality of Trials

170.  Powers of civil courts.

171.  Offences already disposed of not to be retried.

Inquiries and Related Subjects

172.  Boards of inquiry.

173.  Inquiries into absence without leave.

Miscellaneous Provisions

174.  Restitution or compensation for theft, etc.

175.  Promulgation of findings, etc.

176.  Custody of proceedings of courts-martial and right to copies.

177.  Indemnity for prison officers, etc.

Redress of Complaints

178.  Complaints by officers.

179.  Complaints by soldiers, ratings and aircraftmen.

Rules of Procedure, etc.

180.  Rules of procedure and other rules, etc.

181.  Savings and repeal: rules of procedure.

182.  Interpretation of this Part of this Act.

PART XVI – Appeals from Courts-Martial

183.  Right of appeal.

184.  Procedure for applying for leave to appeal or lodging appeal.

185.  Determination of appeal in ordinary cases.

186.  Powers of the Court of Appeal.

187.  Appeals not to be final.

188.  Supplementary powers of the Court of Appeal.

189.  Proceedings may be heard in absence of appellants.

190. Defence of appeals.

191. Right of appellant to present his case in writing.

192. Suspension of death sentences.

193. Persons not to be tried again where conviction quashed.

194. Removal of prisoners for purposes of proceedings under this Part.

195. Furnishing on appeal of documents relating to trial.

196. Duties of Registrar of the Court of Appeal with respect to appeals, etc.

197. Rules of court.

198. Saving of powers of reviewing authorities.

199. Composition of the Court.

200. Exercise of certain powers of the Court of Appeal by a Justice.

201. General provisions as to procedure.

202. Right of further appeal to the Supreme Court.

PART XVII – Forfeitures and Deductions

203.  Regulations as to pay.

204.  Forfeitures and deductions: general provisions.

205. Forfeiture of pay for absence from duty.

206. Deduction for payment of civil penalties.

207. Compensation for loss occasioned by wrongful act or negligence.

208. Deduction for barrack damage.

209. Remission of forfeitures and deductions.

PART XVIII – Enforcement of Maintenance and Affiliation Orders by Deduction from pay

210.  Enforcement of maintenance and affiliation orders by deduction from pay.

211. Deductions from pay for maintenance of wife or child.

212. Deductions from pay in respect of judgment debts, etc.

213. Limits of deductions under sections 210 to 212 of this Act and effect on forfeiture.

214. Service of process in maintenance proceedings.

PART XIX – Billeting and Requisitioning of Vehicles

Billeting

215.  Billeting requisitions.

216. Premises in which billets may be provided.

217. Provision of billets.

218. Billeting schemes.

219. Accommodation to be provided and the payment therefore.

220. Appeals against billeting.

221. Compensation for damage.

222. Refusal to receive persons billeted, etc.

223. Application to civilians employed by the Armed Forces.

224. Suspension of laws against billeting.

Requisitioning of Vehicles

225. Requisitioning orders.

226. Provision of vehicles.

227. Period for which vehicles to be furnished.

228. Payment for vehicles furnished.

229. Avoidance of hardship in the requisitioning of vehicles.

230. Record and inspection of mechanically propelled vehicles.

231. Enforcement of provisions as to requisitioning.

232. Application to horses, food, forage, stores, ships, aircraft, and aircraft material.

233. Liability of Federal Government for damage by vehicles being delivered for requisitioning.

General

234.  Bringing into operation of sections 215 and sections 225 of this Act.

PART XX – General Provisions

Privileges and Exemptions for Members of the Forces

235. Exemption from tolls, etc.

236. Exemption from levying of execution on property, etc.

237. Exemption as to arms and explosives.

238. Immunity from proceedings or judgment where appearance is not entered.

239. Indemnity for actions in aid to civil authority and military duty.

240. Privileges of reservists.

Provisions relating to Deserters and Absentees without Leave

241.  Arrest of deserters and absentees without leave.

242. Proceedings before a civil court where persons suspected of illegal absence.

243. Deserters and absentees without leave surrendering to police.

244. Certificates of arrest or surrender of deserters and absentees.

245. Duties of superintendents of prisons and others to receive deserters and absentees.

Offences relating to Service Matters punishable by Civil Courts

246. Punishment for pretending to be a deserter.

247. Punishment for procuring and assisting desertion.

248. Punishment for obstructing members of the Armed Forces.

249. Punishment for aiding malingering.

250. Unlawful purchase, etc., of service stores.

251. Illegal dealings in documents relating to pay, pensions, mobilisation, etc.

252. Unauthorised use of and dealing in decorations, etc.

253. Intoxicating liquor not to be conveyed on board any vehicle, naval ship, aircraft or thing.

Provisions as to Evidence

254. General provisions as to evidence.

255. Proof of outcome of civil trial.

256. Evidence of proceedings of court-martial.

Reduction in Rank

257. Restriction on reduction or disrating in rank of warrant or petty officers and non-commissioned officers.

258. Special disciplinary provisions.

Miscellaneous Provisions

259. Temporary reception in civil custody of persons under escort.

260. Avoidance of assignment of, or charge on service pay, pension, etc.

261. Powers of certain officers to take statutory declarations.

PART XXI – Reservists and Pensioners

262. Reservists and pensioners.

263. Annual training.

264. Calling out of reservists and pensioners to aid the civil power.

265. Calling out of reservists and pensioners on permanent service.

266. Punishment for non-attendance.

267. Record of illegal absence.

268. Discharge during service.

269. Regulations as to reservists and pensioners.

PART XXII – Supplementary and Miscellaneous Provisions

Application of this Act

270. Application of this Act.

271. Application of this Act to women.

272. Application of this Act to civilians.

273. Application of this Act to passengers.

274. Application of this Act to cadets, recruits and boys.

Wills and Distribution of Property

275.  Service persons on enlistment to register the name of personal representative in case of death.

276. Service person’s wills: special provisions.

277. Distribution in case of deceased service person’s intestacy.

278. Payment of debts of deceased service person.

279. Property of deceased service person to be distributed subject to rights of creditors.

280. Deceased service person’s money undisposed of to constitute a fund.

281. Application of money, etc., in case of desertion.

282. Uniforms and decorations of deceased service person.

Miscellaneous

283. Power to make regulations generally.

284. Powers exercisable in subsidiary legislation.

285. Provisions as to active service.

286. Execution of orders, instruments, etc.

287. Establishment of the Armed Forces Benefit Fund.

288. Rights of officers.

289. Corresponding structure of ranks in the Armed Forces.

290. Repeal and savings.

291. Interpretation.

292. Short title.

 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 (officer)

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

ALPHABETICAL INDEX TO THE LAWS OF NIGERIA (UPDATED TO 2018)