Nigeria & the doctrine of compact

An interesting online post from Nigeria presents a topic that we discuss from time to time in this forum, but which, arguably, is often a secondary issue.  Typically, we tend to focus on the limitations of the application of military law or jurisdiction, with some contributors suggesting that the exercise of military jurisdiction or "military justice" should be curtailed in times of peace or when misconduct arises within the borders of the nation state (contrasted with misconduct arising while armed forces are deployed).

In this article published online by Tekedia (a Boston-based online learning institution), Stanley Alieke, a Nigeria-based lawyer, discussed the "doctrine of compact" applied within Nigeria.  This doctrine, purportedly incorporated within Nigeria's Armed Forces Act, 2004, represents the principle that military personnel are subject principally to military law and jurisdiction, and not civil law and jurisdiction.

There are exceptions.  These exceptions include when a military member is not performing military duty or when the offence is purely a civil offence.  In other words, the ouster of civil jurisdiction is not absolute.

The issue addressed in the article can be viewed as the inverse of much of what we tend to discuss in this forum.  Those of us from Common Law jurisdictions are accustomed to the concurrent jurisdiction of both military and civil law, particularly as it concerns offences.  A common point of discussion concerns the boundary of where military jurisdiction should be limited.  A common complaint by some is that military jurisdiction is applied where it should be civil jurisdiction.

This article, arising out of Nigeria, is a reminder that the inverse issue can also arise where the military community seeks to assert exemption or immunity from the ordinary function of civil law.