Senate moves to modernize military governance, age requirement as armed forces reform bill scales second reading

— Bill Seeks to Align Military Operations with Constitutional Principles, Bars Enlistment of Persons Below 18 Years

By Henry Umoru, Abuja

A Bill seeking to comprehensively reform Nigeria’s Armed Forces governance structure in line with constitutional principles, democratic accountability, and modern security realities has passed second reading in the Senate.

The proposed legislation, sponsored by Senator Abdulaziz Yar’Adua (APC, Katsina Central), aims 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.

The Bill, titled “A Bill for an Act to Repeal the Armed Forces Act and to Re-enact a Modern, Constitutionally Compliant and Operationally Responsive Legal Framework for the Armed Forces of the Federal Republic of Nigeria; and for Related Matters, 2025 (SB. 791),” also seeks to prohibit the enlistment of persons below 18 years, in line with the Child Rights Act and international humanitarian standards.

Presiding over the session, the Deputy President of the Senate, Senator Jibrin Barau (APC, Kano North), referred the Bill to the Committees on Army, Air Force, and Navy for further legislative action, directing them to report back within four weeks.

In his lead debate, Senator Yar’Adua emphasized that the existing Armed Forces Act, rooted in a 1960s military decree and last consolidated in 2004, “no longer meets today’s constitutional and operational realities.”

“The Armed Forces of Nigeria remain the cornerstone of our sovereignty and national security,” Yar’Adua stated. “However, our military law has not kept pace with evolving democratic and global defence environments.”

He explained that the Bill seeks to: Reinforce the President’s authority as Commander-in-Chief while vesting day-to-day operational command in the Chief of Defence Staff.

Embed fair hearing and due process in military justice, eliminating outdated provisions that allow administrative reports to serve as convictions.

Redefine offences and ensure proportionate punishment while protecting courts-martial from undue command interference.

Enable qualified military lawyers to represent the Armed Forces in civil courts, supported by a dedicated Litigation Fund.

Replace outdated fines with percentage-based penalties tied to salary levels.

Extend rights and protections to non-commissioned officers to improve morale and fairness.

Yar’Adua further noted that the reforms mirror global military law updates in democracies such as the United States, the United Kingdom, and South Africa.

“This Bill is not merely a legal update,” he said. “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.”

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