Overtaking Military Convoys in Nigeria: Legal Implications and Consequences.

Overtaking a military convoy is a serious offense in Nigeria, punishable under various laws. Recent incidents, such as the harassment of a family attempting to overtake a military convoy last week, highlight the gravity of this act. Nigerian Army Major General, Escorts Attack Couple for Overtaking. 

This article examines the legal and practical consequences of overtaking military convoys in Nigeria.

Relevant Laws

1. The Armed Forces Act (AFA) 2004:
Section 119 prohibits obstructing or interfering with military operations, including the unauthorized overtaking of convoys.

2. The Road Traffic Act 2004:
Section 35 prohibits reckless or dangerous driving, which encompasses overtaking military convoys without due regard for public safety.

3. The National Security Agencies Act 2004:
Section 15 grants security agencies the authority to enforce laws and maintain national security, including managing violations involving military convoys.

Consequences of Overtaking Military Convoy

1. Arrest and Detention:
Security personnel are authorized to detain individuals who overtake military convoys, often on suspicion of endangering operations or national security.

2. Prosecution:
Offenders may be prosecuted under the Armed Forces Act, Road Traffic Act, or the National Security Agencies Act.

3. Imprisonment:
Conviction under the Armed Forces Act may result in imprisonment for up to five years, while the Road Traffic Act stipulates a two-year term for reckless driving.

4. Fines:
Fines range from ₦20,000 under the Road Traffic Act to ₦50,000 under the Armed Forces Act.

5. Vehicle Confiscation:
Authorities may impound the vehicle used during the offense as part of the penalty.

6. Tort Liability:
Offenders may face civil liability for any damages or injuries caused to military personnel or equipment during the incident.

Court Rulings
In Aoku v. State (2017), the Court of Appeal upheld a five-year imprisonment sentence for a motorist who overtook a military convoy, citing endangerment of national security.

Precautions

Always exercise caution and maintain a safe distance from military convoys.

Adhere strictly to traffic regulations.

Avoid any reckless or hasty actions near military vehicles.

Conclusion
Overtaking a military convoy in Nigeria is a grave offense with significant legal and practical consequences. The recent incident involving a family’s harassment underscores the need for motorists to respect military operations and exercise caution to avoid severe penalties.