A bill seeking to subject all military convictions and reports from boards of inquiry to judicial review, ensuring that no administrative panel can convict personnel without a fair trial has passed second reading in the Senate.
Under the bill, such reports will now be submitted to a court of law for review before any conviction can be upheld.
The proposed legislation also prohibits undue command interference in courts-martial, guarantees due process, and strengthens independence and fairness within the military justice system.
The Armed Forces (Repeal and Re-enactment) Bill, 2025, sponsored by Senator Abdulaziz Yar’Adua, aims to modernise military law, uphold the supremacy of the Constitution, and align Nigeria’s Armed Forces with global standards of accountability, discipline, and professionalism.
Senator Tahir Mungono, while supporting the bill, described it as a major correction of longstanding anomalies within the Armed Forces.
He stressed that the current practice where boards of inquiry can serve as both investigator and judge violates a fundamental legal principle that no one should be a judge in their own cause.
According to him, the bill, when passed, will uphold the supremacy of the Constitution and integrate fair hearing and due process into military justice.
He added that it would correct provisions such as Section 173, ensuring that administrative reports like boards of inquiry no longer serve as convictions without trial.
The bill redefines offences, ensures proportionate punishment, and criminalises undue command interference in courts-martial guaranteeing independence and fairness within the military system.
It also proposes that qualified military lawyers be allowed to represent the Armed Forces in civil courts to reduce legal costs and delays, supported by a dedicated Litigation Fund.
Another critical provision of the bill is prohibition of the enlistment of persons below 18 years into the Nigerian Armed Forces, bringing the country’s military regulations in line with the Child Rights Act and international humanitarian standards.
The bill reinforces the authority of the President as the constitutionally elected Commander-in-Chief, while ensuring that all military commands remain subject to democratic institutions preventing the Armed Forces from becoming a power unto themselves.
In his lead debate, Senator Yar’Adua noted that Nigeria’s existing Armed Forces Act rooted in a 1960s military decree and last consolidated in 2004 no longer meets contemporary realities.
He emphasised that many democracies, including the United States, United Kingdom, and South Africa, have updated their military laws to promote justice, accountability, and professionalism.
Following extensive debate, lawmakers overwhelmingly supported the bill, which was subsequently referred to the Senate Committee on Judiciary, Human Rights, and Legal Matters for further legislative action, with a report expected within four weeks.
(Editor: Terverr Tyav)
