Outrage is still in the air after soldiers brutalised a physically challened man, in Onitsha, for wearing a camouflage.
A video which went viral showed soldiers throwing away the man’s wheelchair and whipping him while dragging him on the road.
The soldiers involved in the babaric act have been arrested and the Army has vowed to prosecute them.
READ: Soldiers who beat up physically challenged man in Onitsha arrested
However, many Nigerians want to know if it is a crime for a civilian to wear a camouflage cloth, afterall, Ekiti State Governor, Ayo Fayose, has been seen in military fatigue.
READ: Fayose presents 2017 budget in military uniform
According to a statement by the army, “The Nigerian Army wishes to state that illegal possession of military accoutrement is punishable under sections 109,110 and 251 of Nigerian Criminal Code.”
The Nigerian Criminal Code says:
110. Any person who-
(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 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 to 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.
The punishment for this offence is imprisonment for one month, or a fine of N10.00 (ten naira), yes N10.00, unless such a person can prove that he had the permission of the President or of the Governor of a State to wear such uniform or dress, badge or mark or to carry such token. For those residing in Lagos State, the consequences are dire. Section 79 of the Criminal Law of Lagos State, 2011 provides:
110. (1) Any civilian who:
(a) wears the uniform or any part of the uniform of the Armed Forces or the Police, or any dress having the appearance or bearing any of the regimental or other distinctive marks of such uniforms; or
(b) not being a person holding any office or authority under the Government of Nigeria, 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 a misdemeanour and is liable to imprisonment for two years, unless he proves that he had the permission of the relevant authority to wear such uniform or dress, badge or mark or to carry such token.
(2) 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.
So, even if the physically challenged man erred in wearing the camouflage uniform, beating him up in the streets is not what the law says.
