Legal experts have reiterated that under Nigerian law, ministers have no authority to dictate, countermand, or intimidate military officers while on duty, following a recent confrontation involving the Minister of the Federal Capital Territory (FCT) and a soldier at a duty post in Abuja.
Writing in a legal analysis, Pelumi Olajengbesi, Esq., Senior Partner at Law Corridor, explained that the 1999 Constitution (as amended) vests command of the Armed Forces exclusively in the President as Commander-in-Chief. This authority is exercised through the military chain of command and may only be delegated to members of the Armed Forces, not to civilian ministers.
“The Armed Forces Act operationalizes this structure by placing day-to-day command in the Chief of Defence Staff and the Service Chiefs, from whom orders flow down to theatre commanders, unit commanders, and troops on the field. A soldier on post takes instructions only from his superior officers, to whom he is directly answerable, and from no one else,” Olajengbesi noted.
According to the legal expert, a minister’s authority is limited to executive and administrative functions. Sections 147–148 of the Constitution empower the President to assign government responsibilities to ministers, while section 302 specifically grants the FCT Minister authority over civil administration and land management. These powers do not extend to military command.
Olajengbesi stressed that ministers who attempt to confront soldiers on duty are violating both constitutional provisions and criminal law protections. Under Nigeria’s Criminal Code and Penal Code regimes, obstructing or threatening a public officer in the performance of their duties is a criminal offence. Military personnel are classified as public officers under the Constitution’s Fifth Schedule.
“There is no special shield for ministers,” Olajengbesi added, noting that constitutional immunity is limited to the President, Vice-President, Governors, and Deputy Governors under section 308.
“A minister who intimidates or obstructs an officer should be investigated and, where appropriate, prosecuted like any other citizen.”
The legal commentary comes in the wake of what Olajengbesi described as a reckless and primitive abuse of office by politicians who disregard constitutional limits. He warned that tolerating such conduct risks more serious confrontations between political office holders and the military in the future.
“The law draws a bright line. Ministers run civilian administration, the President controls the military, and a soldier answers only to his commanders. Any attempt to interfere is unlawful,” Olajengbesi concluded.
