Why civilians are punished for wearing military uniform in Nigeria

On numerous occasions, members of the Armed Forces of Nigeria have questioned and threatened civilians who wear any form of military uniform, particularly military camouflage. In some instances, private citizens have been reportedly pummeled or battered by military personnel, some of these incidents either recorded or seen by eyewitnesses.

The military insists that civilians are barred from wearing camo – as camouflage is popularly called in Nigeria – and other military uniforms. As recently as January 2022, General Lucky Irabor, the Chief of Defence Staff, issued a warning to all non-combatants, especially politicians who posed for pictures in camo for campaign pictures ahead of the election season, to desist from the act. However, a cross-section of Nigerians is at a loss with the restrictions, noting that their fellow civilians in some other countries are allowed to wear camo and are not harassed by military personnel for donning such clothes.

So, what is the ban on military uniforms in Nigeria about? Why are there restrictions on the category of persons that can wear such clothing? Asides from the reprehensible pounding of non-combatants by soldiers, are there legal repercussions for civilians donning these restricted clothes?

Table of Content hide 1Meaning of military uniform ban 2The military uniform ban in Nigeria 3Reasons for the ban on civilians from wearing military uniforms 3.1Security risks 3.2Disrespect for the sacrifices of people who worked hard to legitimately wear the uniform 3.3Impersonation 4Punishments for contravening regulations banning the usage of military uniforms

Meaning of military uniform ban

The military uniform ban, as the name implies, means that persons who are not serving in the armed forces of a country or people who are not commissioned are prohibited from wearing the uniforms of the military branches – whether that of the army, navy, or air force. A military uniform is a standardised dress worn by members of various countries’ armed forces and paramilitaries. The uniform is intended for identification and display, and it is a sign of organised military forces equipped by a central authority.

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The military uniforms outlawed for civilians and non-combatants to wear are:

• Full dress uniform: Serves as the formal wear of military personnel. It is used for official parades, ceremonies, and receptions. They are worn for formal events instead of on the combat field
• Mess uniform: Serves as the semi-formal wear of military personnel. It can be worn to the office or used to attend meetings
• Service dress uniform: It is the informal military uniform worn by members of the armed forces. It is a modified version of the full-service uniform. It is used for non-duty field purposes and can sometimes be worn for ceremonial occasions
• Combat uniform/military fatigues: This is the uniform worn by soldiers on the battlefield. This uniform comes in a camouflage pattern and is a casual outfit that can be worn for everyday work and combat duty purposes
• Physical training uniform: Military uniform used during exercises, drills, and callisthenics. It is used for workouts and physical fitness

The military uniform ban in Nigeria

Following the country’s independence from Britain in 1960, the newly-sovereign Nigerian state took over the colonial army and began to reshape and remould the military to reflect the country’s disposition. Part of the remoulding included changing the military uniforms from the British style to a Nigerian-influenced military outfit.

The administration of Abubakar Tafawa Balewa, the then-Prime Minister, placed a ban on civilians and unauthorised persons from donning the cloth through the Criminal Code (mainly operational in the southern region of Nigeria) enacted in 1964. Sections 110 and 251 of the Code restrain individuals who are not serving in any of the armed forces of Nigeria or holding any office or authority under the government of Nigeria from wearing military uniforms. Section 111 of the Code reprimand any individual who gives and/or sells his or her uniform for reasons beyond what is stipulated in the act.

The Code is also unambiguous in stipulating that a member of the Nigerian Police force or other paramilitary bodies cannot wear military fatigues (camo) cannot wear any military uniforms at any given time. Police officers can only don the military camo when in a joint operation with the military or on a special operation approved by the President of Nigeria.

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There are only two exceptions or instances when a person who is a civilian can wear camouflage:

• If it is worn with the permission and consent of the president or Governor of a State
• If it is worn in the course of a stage play or any bona fide public entertainment

Reasons for the ban on civilians from wearing military uniforms

There are several reasons why non-combatants are not allowed to wear military uniforms. They are:

Security risks

Due to the prevalent rate of insecurity, the donning of military uniforms by unauthorised persons poses a grave security risk to the public. Part of the security implication is that civilians who want to foment trouble wear, for instance, the military camouflage to distressed areas, and upon seeing individuals wearing such clothes, the vulnerable citizenry may think that they are legitimate military service personnel and grant them leeway to “conduct their operations.”

However, such “operations” may include retribution by armed gangs against a community for reportedly exposing their fellow gang members during previous operations, stealing the resources of defenceless and powerless people, or undertaking assassinations. Therefore, selfish persons may use this lacuna to engage in hooliganism and lawlessness to the detriment of society. National security becomes at stake.

Disrespect for the sacrifices of people who worked hard to legitimately wear the uniform

The military uniform symbolises national security, and those who wear them represent the power and authority of the State. People serving in the military earned the right to wear their uniforms and ranks after undergoing rigorous military training. Serving military personnel and veterans may find it disrespectful when they see a civilian wearing a military uniform in public.

Therefore, civilians who have not earned the right to wear the uniform may not truly appreciate the efforts of those who put themselves in harm’s way not just to wear the uniforms legitimately but to protect their country’s territorial integrity and save the lives of citizens, and misuse the uniform and not accord it the due honour it deserves in the process of wearing it.

Impersonation

Aside from the security challenges, impersonation is one of the main reasons non-combatants are prohibited from wearing military uniforms. Some cunny persons take advantage of wearing military gear to exploit their fellow citizens. Some people wear it to look combative, deceive and stoke fear into the minds of people, who, upon seeing anyone donning the uniforms acquiesce to whatever demands or requests put before them.

This has led to such impersonators harassing people and behaving recklessly, thereby tainting the image of the military in the eyes of citizens. Individuals who are not trained to be combatants wear the symbol of the state for ignoble causes and wreak havoc on unsuspecting public members.

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Punishments for contravening regulations banning the usage of military uniforms

As earlier mentioned, sections 110, 111, and 251 of the Criminal Code state that it is illegal for any individual not authorised to wear a military uniform to parade him or herself in such an outfit. These aforementioned sections, alongside others, prescribe penalties for the violation of the regulations.

They are examined in detail below.

Section 110(1) states that any person who – unlawfully wearing the uniform of forces, etc. L.N. 112 of 1964, 1967 No 27.

• 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
• Not being a person holding any office or authority under the government of Nigeria or 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 N10.

However, there are two exceptions to this rule, as stated earlier: (a) got the permission of the President or a State Governor to wear it; (b) wore the uniform for entertainment purposes.

Section 111 of the Criminal Code stipulates that it is an offence for “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.”

Furthermore, Section 251 of the Criminal Code provides that “any person who, not being a person serving in any of the armed or police forces of Nigeria, wears the uniform of any of these forces, or any dress having the appearance or bearing any of the regimental or other distinctive marks of any such uniform, in such 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 or to a fine of N40 (Forty Naira)”.

Section 251, unlike Section 110, made no room for an exception for any individual who is not permitted by law to wear military uniforms. For those who wear the uniform for stage plays and movies, the section warns that the uniform should not be brought into contempt by its use.

Also, Section 110 (1) of the Criminal Code is replicated in Section 79 of the Criminal Law of Lagos State, 2011. However, the penalty for the offence is two years imprisonment with no option of a fine.

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