The 1999 Constitution

Section 217 (1)

There shall be an armed forces for the Federation which shall consist of an army, a navy, an Air Force
and such other branches of the armed forces of the Federation as may be established by an Act of the National Assembly.

(This section creates an Armed Forces in Nigeria. It is made up of the Army; which operates on land, the Navy; which operates on the sea and the Air Force; which operates in the skies and any other branch of the Armed Forces of the Federation of Nigeria which an Act passed by the National Assembly creates.)

Section 217 (2)

The Federation shall, subject to an Act of the National Assembly made in that behalf, equip and maintain the armed forces as may be considered adequate and effective for the purpose of –

(The Armed Forces of Nigeria will be maintained and equipped by the Federation of Nigeria but this is as long as an Act i.e. law passed by the National Assembly has permitted it to do so for the following reasons; )

Section 217 (2)(a)

defending Nigeria from external aggression;

(When defending Nigeria from aggressive behaviour from other Countries; )

Section 217 (2)(b)

maintaining its territorial integrity and securing its borders from violation on land, sea, or air;

(When ensuring no external force tries to enter Nigeria’s territory illegally or to ensure security at our borders on land, sea or air; )

Section 217 (2)(c)

suppressing insurrection and acting in aid of civil authorities to restore order when called upon to do so by the President, but subject to such conditions as may be prescribed by an Act of the National Assembly; and

(In order to stop a violent uprising against the government of the day and to help civil authorities to restore order when asked by the President to do so. However, this depends on whatever condition which has be made by an Act/ law of the National Assembly; )

Section 217 (2)(d)

performance such other functions as may be prescribed by an Act of the National Assembly.

(Any other function which an Act/ Law of the National Assembly has created for it.)

Section 217 (3)

The composition of the officer corps and other ranks of the armed forces of the Federation shall reflect the federal character of Nigeria.

(When appointing officers and other ranks of the Armed Forces of the Federation, Federal Character i.e. to ensure equity and fairness in the distribution of posts and infrastructural development in Nigeria. ((To ensure every tribe, ethnicity and language is represented.)) )

Section 218 (1)

The powers of the President as the Commander-in-Chief of the Armed Forces of the Federation shall
include power to determine the operational use of the armed forces of the Federation;

(As the Commander-in-Chief of the Armed Forces of the Federation of Nigeria, the President’s power also includes the power to determine how the Armed Forces will operate.)

Section 218 (2)

The powers conferred on the President by subsection (1) of this section shall include power to appoint the Chief of Defence staff, the Chief of Army Staff, the Chief of Naval Staff, the Chief of Air Staff and heads of any other branches of the armed forces of the Federation as may be established by an Act of the National Assembly.

(Asides the power which was mentioned in sub section 1, the President shall also have the power to appoint the Chief of Defense Staff, the Chief of Army Staff, the Chief of Naval Staff, the Chief of Air Staff and heads of any other branch of the Armed Forces of the Federation as has been created by an Act of the National Assembly.)

Section 218 (3)

The President may, by directions in writing and subject to such conditions as he think fit, delegate to any
member of the armed forces of the Federation his powers relating to the operational use of the Armed Forces of the Federation.

(The President has the power to delegate to any member of the Armed Forces of the Federation of Nigeria his powers relating to the operational use of the Armed Forces in writing and based on whatever conditions the President believes is fitting.)

Section 218 (4)

The National Assembly shall have power to make laws for the regulation of –

(The National Assembly has the power to make laws which will regulate of the following; )

Section 218 (4)(a)

the powers exercisable by the President as Commander-in-Chief of the Armed Forces of the Federation; and

(The powers which the President as the Commander-in-Chief of the Armed Forces of the Federation can use/ exercise; and )

Section 218 (4)(b)

the appointment, promotion and disciplinary control of members of the armed forces of the Federation.

(Also the appointment, promotion and disciplinary measures of members of the Armed Forces of the Federation of Nigeria.)