With the Armed Forces Reform Bill currently before the Senate scaling second reading on November 12, a major step has been taken towards modernising and improving the legal context within which the Nigerian military operates in accordance with the tenets of the country's constitutional democracy.
Sponsored by Senator Abdulaziz Yar'Adua, the proposed legislation seeks to repeal the existing Armed Forces Act, Cap A20 Laws of the Federation of Nigeria 2004, "and re-enact a modern, constitutionally compliant and operationally responsive legal framework for the Armed Forces." According to Yar'Adua, "This Bill is not merely a legal update. It is a statement of our national commitment to a disciplined, professional and accountable military. It aligns our armed forces with constitutional and international standards while ensuring justice within the ranks."
We agree that the current law which came into effect in 2004 and updated preceding military decrees enacted in the 1960s is long overdue for a comprehensive review to reflect new operational challenges and realities confronting the military, developments in the polity and society, and the evolution of the law, democracy and the constitution in Nigeria.
A cardinal feature of the new bill, which underscores its significance, is the proposed replacement of the current court martial system by providing for trial of military personnel for offences as well as convictions in civil courts.
Under the current law, special military tribunals are established to try disciplinary and criminal offences committed by members of the armed forces through the court-martial process. Convened by a higher military authority or commanding officer, a general court-martial handles grave offences and can impose severe punishments including death sentences while the special court-martial deals with less serious infractions of military discipline.
This creates the impression of a dual legal process, one for the civil populace and the other for the military, which reinforces the deeply ingrained notion, especially within the military, of the uniformed person's superiority to 'bloody civilians.'
Providing for judicial review of military tribunals' decisions, the bill also reinforces the constitutional authority of the elected President as Commander-in-Chief to command the military while the Chief of Defence Staff takes responsibility for the daily operational administration of the armed forces.
It empowers military lawyers to represent the armed forces in civil courts, thus reducing both costs and delays, and abolishes the situation in which reports or enquiries serve as a basis for convictions without trial by a court of law. The law also prohibits the recruitment of persons below the age of 18 into the armed forces in consonance with the Child Rights Act and global best practices.
Other provisions of the bill include redefining offences and ensuring proportionate punishment, replacing obsolete fines with percentage -based penalties pegged to salary levels and extending rights and protections to non-commissioned officers to improve morale and promote fairness.
Improving the legal context within which the military operates in accordance with the demands of democracy and constitutionalism will enhance transparency, accountability, and efficiency in the administration of the military with beneficial impact on operational efficacy.
Most important of all are the potentials of the reforms to deepen and strengthen the critical notion of military subordination to civilian authority and constitutionalism. This is because of the continued culture of arrogance and disdain for civilians by persons in uniform.
However, it will take much more than legal provisions for the necessary change in consciousness of military personnel. Rather, it would also require persistent enlightenment and re-education of military personnel to appreciate the fact that their weapons are procured through public funds, including taxes by the populace, and that the uniform does not confer superior status on those who wear it.
Equally important is the need to re-educate the civilian populace on the equality of all citizens, military and all other people, before the law. This is because large numbers of civilians also tend to exhibit an attitude of inferiority to military personnel, which is a continuing residue of our long experience with military dictatorship.