By Pelumi Olajengbesi, Esq.
The recent confrontation in Abuja between the Minister of the Federal Capital Territory (FCT) and a Nigerian military officer on duty has sparked an important constitutional question: who commands the Armed Forces of Nigeria, and to whom does a soldier ultimately answer?
Under Nigerian law, the answer is unequivocal. The 1999 Constitution (as amended) vests the command and operational control of the Armed Forces exclusively in the President, who serves as the Commander-in-Chief. This authority is exercised strictly through the military’s lawful chain of command and may be delegated only to members of the Armed Forces — not to any civilian minister.
The Armed Forces Act operationalises this structure by placing day-to-day command under the Chief of Defence Staff and the Service Chiefs, whose orders flow downward through theatre and unit commanders to the troops. A soldier posted to duty receives instructions solely from his superior officers within that chain, not from political appointees.
In contrast, a minister’s powers are administrative, not military. Sections 147 and 148 of the Constitution empower the President to assign any governmental business to ministers. Specifically, Section 302 permits the President to appoint an FCT Minister who exercises only the powers delegated to him for civil administration — not for military control. The Constitution’s Section 218 clearly ring-fences command of the Armed Forces under the President alone.
Accordingly, no minister can lawfully countermand a soldier’s orders, question operational deployments, or issue binding directives to military officers. If a minister encounters obstruction in executing his duties, the proper course is to escalate the matter through the security architecture, contacting the relevant military commanders or, ultimately, the President. Confronting an officer at his post, therefore, amounts to an abuse of office.
The law also protects officers on lawful duty. The Criminal Code (section 197) and the Penal Code (sections 148–149 and 153) criminalise obstructing, resisting, or threatening a public officer in the discharge of lawful duties. The Constitution’s Fifth Schedule identifies military personnel as public officers, and interference with their official functions is punishable under Nigerian law.
Importantly, ministers enjoy no constitutional immunity — such privilege is reserved only for the President, Vice-President, Governors, and Deputy Governors under Section 308. Any minister who intimidates or obstructs an officer on duty is subject to investigation and possible prosecution like any other citizen.
In conclusion, the law draws a firm boundary: ministers oversee civilian administration, while only the President commands the Armed Forces. A soldier answers to his commanders, not to politicians. The recent Abuja incident should serve as a warning that political power has limits, and Nigeria’s democracy is best protected when those in authority respect constitutional boundaries.
