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What The Constitution Says About The Civilian Wearing The Military Uniform - Politics - Nairaland

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What The Constitution Says About The Civilian Wearing The Military Uniform by lalabrother: 8:47pm On Feb 18, 2017
What is the punishment for wearing a military uniform if you are not a member of the Nigerian armed forces?

Should you be disgraced and assaulted as is being done by some military men in Nigeria?

Many Nigerians have been asking that question following the inhumane punishment meted out on a physically challenged man by some power-drunk soldiers in Anambra state. No military officer is allowed by the constitution to manhandled, assault or harm a civilian for wearing a military uniform, but the law provides appropraite fine for people who commit such a crime.

Here is what Section 109 of the Criminal Code of Nigeria says:

109. Any person who, not being a person serving in the armed forces of Nigeria nor a member of the police forces, and with intent that he may be taken to be such a person or member as aforesaid-

(a) wears any part of the uniform of, or

(b) wears any garb resembling any part of the uniform of, a person serving in the armed forces of Nigeria, or a member of the police forces,
is guilty of a misdemeanour and is liable to imprisonment for one year.

110. Any person who- Unlawfully wearing the uniform of forces, etc. L.N. 112 of 1964. 1967 No. 27.

(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 the armed 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 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.

111. Any person who sells or gives any uniform, or part of a or 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.

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Re: What The Constitution Says About The Civilian Wearing The Military Uniform by chuks34(m): 8:48pm On Feb 18, 2017
And our army will beat u anyhow

32 Likes 2 Shares

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by HsLBroker(m): 8:58pm On Feb 18, 2017
chuks34:
And our army will beat u anyhow

4 Likes

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by kllinxman(m): 9:00pm On Feb 18, 2017
Fine of #10,000
Re: What The Constitution Says About The Civilian Wearing The Military Uniform by lalabrother: 9:07pm On Feb 18, 2017
kllinxman:
Fine of #10,000
its actually #10 (10 naira), that's what the criminal code states.
Here is a screenshot

55 Likes 1 Share

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by Ighoga898(m): 9:12pm On Feb 18, 2017
And since when Davido & d rest exempted 4rm dis law?

68 Likes 5 Shares

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by GMBuhari: 9:18pm On Feb 18, 2017
Every part of Nigerian constitution na error

han han


make dem reduce senate salary , dem no gree


make dem remove immunity , dem no gree

make them introduce death penalty for anybody wey steal reach 200M dem no gree

130 Likes 4 Shares

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by Naijiant: 11:14pm On Feb 18, 2017
lalabrother:
What is the punishment for wearing a military uniform if you are not a member of the Nigerian armed forces?

Should you be disgraced and assaulted as is being done by some military men in Nigeria?

Many Nigerians have been asking that question following the inhumane punishment meted out on a physically challenged man by some power-drunk soldiers in Anambra state. No military officer is allowed by the constitution to manhandled, assault or harm a civilian for wearing a military uniform, but the law provides appropraite fine for people who commit such a crime.

Here is what Section 109 of the Criminal Code of Nigeria says:

109. Any person who, not being a person serving in the armed forces of Nigeria nor a member of the police forces, and with intent that he may be taken to be such a person or member as aforesaid-

(a) wears any part of the uniform of, or

(b) wears any garb resembling any part of the uniform of, a person serving in the armed forces of Nigeria, or a member of the police forces,
is guilty of a misdemeanour and is liable to imprisonment for one year.

110. Any person who- Unlawfully wearing the uniform of forces, etc. L.N. 112 of 1964. 1967 No. 27.

(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 the armed 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 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.

111. Any person who sells or gives any uniform, or part of a or 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.
I have highlighted the relevant part of the law. It is not an offence to wear military or police uniform unless you wear it with the intent to impersonate a soldier or a policeman.

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Re: What The Constitution Says About The Civilian Wearing The Military Uniform by chuka5000(m): 11:51pm On Feb 18, 2017
if u wear camo because the constitution gave u the right to.
by the time those korofo beat u finish, u won't even remember to call a lawyer to sue them because u will be in the hospital.

24 Likes 2 Shares

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by fabre4: 5:14am On Feb 19, 2017
Ighoga898:
And since when Davido & d rest exempted 4rm dis law?


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.

Celebs could say they where it for public entertainment


"Any person who, not being a person serving in the armed forces of Nigeria nor a member of the police forces, and "with intent" that he may be taken to be
"


I think this means civilians can wear uniform as long as the don't impersonate Uniform officers I.e make it appear to look as though they are officers, so long as they can maintain their civilian status they should be fine.

26 Likes 1 Share

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by owobokiri(m): 6:07am On Feb 19, 2017
GMBuhari:
Every part of Nigerian constitution na error

han han


make dem reduce senate salary , dem no gree


make dem remove immunity , dem no gree

make them introduce death penalty for anybody wey steal reach 200M dem no gree



Did you say above what? 200 million? Anybody who steals above 500k should face the firing squad..

Meanwhile that obsolete law should be quickly amended..

45 Likes 1 Share

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by omowolewa: 6:36am On Feb 19, 2017
now I know where Fayose derived his confidence.

8 Likes 1 Share

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by drkay(m): 6:51am On Feb 19, 2017
So Fayose has every right to wear camo?

11 Likes 1 Share

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by Saheed9: 6:55am On Feb 19, 2017
is that not 10 naira I'm seeing or my sight is deceiving me

9 Likes 1 Share

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by Ukalejohn(m): 6:57am On Feb 19, 2017
#10 abi... Issorite

4 Likes

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by fowosh: 6:59am On Feb 19, 2017
gbaaaam
Re: What The Constitution Says About The Civilian Wearing The Military Uniform by Biggty(m): 7:13am On Feb 19, 2017
In a civilised country like America if you wear a camo you are supporting the army but here in Africa u will be beaten to death just for wearing a camo

57 Likes 4 Shares

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by shevon: 7:16am On Feb 19, 2017
Ighoga898:
And since when Davido & d rest exempted 4rm dis law?
Bros, I don't think that's what the code is saying. From what I understand, it says if one wears it with the intent of being seen as a military person. And I also read part of where it exempts people wearing it for public entertainment. It also specified the type of gear that is considered illegal in a section of the criminal code and also described some other distinctive features that will be considered in the case these gears are worn. Not that if I (or anybody for that matter) wears just a Carmo shirt, saggy jeans and Timberland that you should be arrested. At least, that does not identify you as a military man and nobody can take you as such.
Even if they catch somebody that contravenes the law, is the kind of beating they give not more than the N10.00 abi one month/year prescribed as punishment? Besides, in the situation where they catch a valid offender, they are supposed to investigate and also punish the person that provided the gear.
Biko, I would rather pay the fine that get those guys whey get heart for backpack touch me jare.

Here is what Section 109 of the Criminal Code of Nigeria says and see the bold portions:

109. Any person who, not being a person serving in the armed forces of Nigeria nor a member of the police forces, and with intent that he may be taken to be such a person or member as aforesaid-

(a) wears any part of the uniform of, or

(b) wears any garb resembling any part of the uniform of, a person serving in the armed forces of Nigeria, or a member of the police forces,
is guilty of a misdemeanour and is liable to imprisonment for one year.

110. Any person who- Unlawfully wearing the uniform of forces, etc. L.N. 112 of 1964. 1967 No. 27.

(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 the armed 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 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.

111. Any person who sells or gives any uniform, or part of a or 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.

6 Likes 2 Shares

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by lalabrother: 7:16am On Feb 19, 2017
Saheed9:
is that not 10 naira I'm seeing or my sight is deceiving me
lolz, its actually 10 naira... Funny.
Re: What The Constitution Says About The Civilian Wearing The Military Uniform by Milonis(m): 7:33am On Feb 19, 2017
Only in Nigeria...Smh. In the US wearing a camouflage outfit whether cap, jackets or Tshirt signifies your love, respect and solidarity with the members of the Armed forces. In fact, this is the case in all civilized world, I guess Nigeria is just too backward to reason well as a country. Smh

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Re: What The Constitution Says About The Civilian Wearing The Military Uniform by hakeem4(m): 7:51am On Feb 19, 2017
Y
Re: What The Constitution Says About The Civilian Wearing The Military Uniform by ajasa4link: 8:13am On Feb 19, 2017
So many vague laws in our Constitution smh..... Imagine someone wearing camo to impersonate a military officer after the whole court case will only be fined 10naira. All these laws were enacted when Nigeria's currency was much valuable and 10 naira could get u something nice. If we had a working house of assembly these laws ought to have been amended and the fine adjusted to align with the current economic realities. Instead, our legislators are more interested in crosscarpeting, buying exotic cars every year and even dictating to the president whom should be in the ministerial and ambassadorial list, else they won't approve.
Mind u, this is just one of the obsolete laws we have, there are several others. No wonder the pension scam boss was able to walk after stealing billions and paying fines in thousands. We keep shouting asking the executive to give us dividend of democracy and also criticise the judiciary for giving bad pronouncements, yet we forget they work within the ambit of the laws the legislators make or refuse to make.

6 Likes

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by kanmie(m): 8:41am On Feb 19, 2017
Well... as a matter of fact I see no big "deal" in putting military outfit but "Abuse of Usage" seems to be our major problem here. In developing countries like Europe and America, wearing of military-like outfit is a strong indication that you got so much love and respect for the military but in Nigeria, the reverse is the case but then our perception and mentality seems to pushing us hard to grow in confidence for abusing that privilege.
I don't blame some military personnels who frown at or attack civilians who in any way never related to military operations wearing their uniform, as history as taught us that 90% of people wearing military camouflage not only wearing it for fashion sake but to intimidate fellow civilians.
In conclusion, I will strongly advice the Nigerian military to enforce strong campaign against this act instead of brutalising the violators.

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Re: What The Constitution Says About The Civilian Wearing The Military Uniform by azimibraun: 8:44am On Feb 19, 2017
What a coincidence? The last thing I did before opening this thread was to destroy my Camo short.. I thought it was not right mme destroying it but should have giving it out becouse it's new, cute and expensive but again I thought for a moment, if it will get me into trouble why transfer the "CURSE" of the beautiful Camo to another human? It's gone. It's destroyed, it's not worth the trouble. Why do we even have all these wahala sef? If you see a Marine and a regular American citizen, the diff is like night and day. Naija civilian & soldier just resemble for belle, waka and talk. Dats why Camo no dey allowed. Anybody fit claim soja..

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Re: What The Constitution Says About The Civilian Wearing The Military Uniform by parzdor(m): 9:18am On Feb 19, 2017
te
Re: What The Constitution Says About The Civilian Wearing The Military Uniform by gentlewiz: 9:22am On Feb 19, 2017
drkay:
So Fayose has every right to wear camo?

Yes bro!!!! He is a governor of a state. The sole custodian of Ekiti state and all security agencies in Ekiti answers to him.. He has every right to wear a uniform while his tenure lasts.

4 Likes 1 Share

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by gbadexy(m): 10:14am On Feb 19, 2017
Aside of wearing military camo being an offense when the intent is to impersonate, the only other reason given is that it shouldn't bear any semblance to any regiment or unit's uniform and logo.
We all know the fashionable ones are different from the military khaki type.
Re: What The Constitution Says About The Civilian Wearing The Military Uniform by KealDrogo: 10:23am On Feb 19, 2017
.

1 Like

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by cooncudee(m): 11:29am On Feb 19, 2017
NGN10 only
Re: What The Constitution Says About The Civilian Wearing The Military Uniform by wordcat(m): 11:35am On Feb 19, 2017
I bet that MOST of our soldiers don't know this, I'm even seeing it for the first time.

1 Like 1 Share

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by wordcat(m): 11:41am On Feb 19, 2017
azimibraun:
Why do we even have all these wahala sef? If you see a Marine and a regular American citizen, the diff is like night and day. Naija civilian & soldier just resemble for belle, waka and talk. Dats why Camo no dey allowed. Anybody fit claim soja..

You finish job here, laugh wan tear my belle.

1 Like 1 Share

Re: What The Constitution Says About The Civilian Wearing The Military Uniform by Nobody: 11:57am On Feb 19, 2017
So let's start be defining what constitutes a military uniform.

In most developed countries, until and unless the clothing has a military badge and rank, then it does not qualify as a military outfit.

Nigeria is just a stupidly assbackwards country.

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