A bill seeking to empower civil courts to handle trials of military officers for offences and convictions, rather than the current court-martial system, has passed second reading in the Senate.
The Deputy Senate President, Barau Jibrin, who presided over the plenary, announced the passage during Wednesday’s plenary after a majority of senators supported it through a voice vote.
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Following its passage, the bill was referred to the Senate Committees on Defence, Army, Air Force, and Navy for further deliberation and a public hearing.
The committees were directed to report back within four weeks.
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The bill, sponsored by Abdulaziz Yar’adua (APC, Katsina Central), seeks to modernise Nigeria’s military legal framework by repealing the Armed Forces Act 2004 and introducing new provisions to align with constitutional and democratic standards.
Aside from trials and convictions in civil court, the bill also seeks to prohibit the recruitment of persons below 18 years of age into the Nigerian Armed Forces.
Additionally, it reaffirms that the President, as Commander-in-Chief, holds the sole constitutional authority to command the military, while the Chief of Defence Staff (CDS) will oversee the day-to-day administration of the armed forces.
While presenting the lead debate on the bill, Mr Yar’adua, a retired lieutenant colonel, said the proposed legislation would replace outdated provisions that originated from military decrees of the 1960s, arguing that the current legal framework no longer reflects modern realities.
“The Armed Forces of Nigeria remain the cornerstone of our sovereignty and national security. They have stood gallantly in defence of our nation, combating insurgency and terrorism, and peacekeeping across Africa.
“However, the existing Armed Forces Act, rooted in a 1960s military decree and last consolidated in 2004, no longer meets today’s realities. The constitutional, operational, and global defence environment has evolved, but our military law has not kept pace.
“This Bill, therefore, seeks to provide a comprehensive reform to align the Armed Forces’ governance with constitutional principles, democratic accountability, and modern security demands,” he explained.
The senator also noted that the legislation would empower qualified military lawyers to represent the armed forces in civil courts, thereby reducing litigation costs and delays.
“Qualified military lawyers will now be able to represent the Armed Forces in civil courts, reducing legal costs and delays. A dedicated Litigation Fund will support this,” he said.
The debate
Contributing to the debate, Tahir Monguno (APC, Borno North) said the bill would bring Nigeria’s military justice system in line with international best practices and democratic values.
Mr Monguno said, “What this bill essentially seeks to do, or achieve, or the lacuna that it seeks to cure is that, one, it desires to give our military law not only in tandem with international best practice, but to bring it in consonance with universally acceptable, democratic principles, one of fair hearing.
“For example, what this bill seeks to achieve is that reports or enquiries set up by military authorities to not serve as a basis for conviction, but rather it should be subjected to a trial by a court of law before such conviction shall be upheld. Because, as it is, it violates the principles of … you cannot be a judge in your own cause. So this is a very fundamental principle of law that this bill seeks to achieve.
“And then the other arm is the enlistment of forces below the age of 18, which is now under the military law as it is now. This bill seeks to clearly state that people who are below the age of 18 cannot be enlisted into the armed forces.
“This bill also seeks to subject military authorities to the command of the commander-in-chief, that is the democratically elected president or in a nutshell subject weighty authorities to the authority of democratically elected institutions so that they cannot be masters of themselves. Essentially, this bill is very important, and I urge my colleagues to support the second reading of this bill with the speed of light.”
Ali Ndume (APC, Borno South) also backed the proposal, saying the Armed Forces Act reforms were long overdue.
“As we evolve in our democracy, there is a need to align our armed forces with modern laws,” Mr Ndume said.
Similarly, Samson Ekong (PDP, Akwa Ibom South) described the bill as a profound step toward deepening Nigeria’s defence policy framework.
After the deliberation, the deputy senate president put the bill to a voice vote, and the senators overwhelmingly supported it.
How the military court-martial system works
Under Nigeria’s existing Armed Forces Act (2004), disciplinary and criminal offences committed by members of the armed forces are tried through courts-martial, special military tribunals established within the armed forces.
A court-martial is typically convened by a commanding officer or higher military authority and is empowered to try offences ranging from insubordination and desertion to mutiny, theft of arms, and even murder if committed in the line of duty.
There are two main types of courts-martial: the General Court-Martial, which handles serious offences and can impose severe punishments including dismissal or death sentences; and the Special Court-Martial, which tries less serious breaches of military discipline.
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While these tribunals follow quasi-judicial procedures, including the presence of a judge advocate, who is a military lawyer to guide proceedings, their decisions are often subject to criticism for lacking independence and civilian oversight. Convictions or sentences handed down by a court-martial are usually subject to confirmation by superior military authorities before they take effect.
Many have argued that this process allows commanding officers excessive influence over trials, sometimes leading to bias, limited transparency, and violation of fair hearing principles guaranteed under the Nigerian Constitution. Human rights advocates and legal experts have repeatedly called for reforms to make the military justice system more accountable to civilian judicial review.
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