COUNTERCLAIM REGARDING PUBLIC WARNING ON UNAUTHORIZED USE OF NAVAL UNIFORMS

COMMUNITY CLAIM REGARDING PUBLIC WARNING ON UNAUTHORIZED USE OF NAVAL UNIFORMS

By Prof. Capt. Afred Oluwasegun Oniye

The recent publication by the Nigerian Navy warning the public to desist from wearing or appearing in Naval uniforms and accoutrements. While the intent to protect the integrity of the Nigerian Navy’s uniforms is understood, the current approach raises significant concerns regarding clarity and potential infringement on individual rights.

The publication lacks detailed descriptions of what constitutes a “Naval uniform” and “accoutrements.” This vagueness can lead to arbitrary enforcement and potential misuse of authority. It is essential to provide clear, specific descriptions of the uniforms and accoutrements to ensure the public can easily distinguish them and avoid unintentional violations.

The Nigerian Navy cites Chapter 12, Section 110 (1) and (2) of the Criminal Code, which states that unauthorized use of military uniforms is an offense. However, for this law to be justly enforced, the public must be adequately informed about what exactly constitutes a violation.

The Nigerian Constitution guarantees the right to personal liberty and protection from arbitrary arrest and detention (Section 35). Vague regulations on the use of naval uniforms can lead to arbitrary arrests, infringing on these constitutional rights. It is imperative that the Navy’s regulations are clear and precise to prevent any potential abuse of power.

To address these concerns, the Nigerian Navy should provide comprehensive descriptions and visual representations of their uniforms and accoutrements. This should include specific details such as colors, patterns, insignia, and any other distinguishing features. And also launch a public awareness campaign to educate citizens about the specific characteristics of naval uniforms

Failure to provide clear specific descriptions of their uniforms could lead to legal challenges against the Nigerian Navy. Individuals who feel their rights have been violated due to vague regulations may seek redress through the courts. This could result in legal actions for wrongful arrest, detention, or harassment, potentially leading to significant reputational and financial repercussions for the Navy.

By addressing these concerns proactively, the Nigerian Navy can avoid legal disputes and ensure that their regulations are both effective and respectful of individual rights.

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