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Detained Female Soldier, Marriage Proposal & Offence of Fraternization in the Military

By Group Captain Saheeq Shehu (rtd)


It is becoming clear that the Nigerian Military will have to recognize that it is now dealing with millennials of Generation Z, the Sore Soke generation who have a slightly different view of what military life is or that military is a profession of tradition, and a conservative institution too.

Some few weeks ago, we had a Nigerian Navy personnel who is a part-time comedian playing with his riffle, entertaining his fans. Before him we had a soldier who called out his Chief of Army Staff on a viral video.

Last week is the news of a Nigerian Army female soldier, ‘Juliet’, who met her NYSC ‘Romeo’. In the viral video, a female soldier in uniform accepted the proposal of an NYSC member (I don’t like the word Corper) and sealed it with a kiss. This has continued to generate debate, fueled more so by the explanation given by the Army Spokesman – Why Army detained female soldier who accepted corps member’s proposal in Kwara – Spokesman.

The general public was amused. The Army was scandalized and annoyed. ‘Juliet’ has been detained and I hope ‘Romeo’ is not on hunger strike.

The Army Spokesman listed several possible violations the love struck female soldier may have committed which include:
“1. Fraternization while on official duty at the NYSC camp. That is, indulging in an amorous relationship with a “trainee”.
“2. A personnel must have served for three years before he/she can qualify for marriage.(Did she marry? Not yet)
“3. She disobeyed the Armed Forces of Nigeria standing guidelines and directives for the use of Social Media (possibly I have not read it).
“4. Indulging in romance while in uniform (Any clear regulation to that? Not that I know of).
“5. Her conduct was prejudicial to good order and military discipline (This could stick. When the military can’t get you on other things, they throw this one at you. It is so elastic that it covers everything) .

However, in this post, I will leave out the last 4 possible charges and concentrate on charge number 1:  Fraternization while on official duty at the NYSC camp. That is, indulging in an amorous relationship with a trainee.

What Is Fraternization in the Military?

Militaries all over the world have policies which specify certain relationships that are always improper, such as relationships between officers and enlisted Service members that are personal, involvement in ongoing business or involvement in gambling. However, any other type of relationship can also be prohibited if it has an adverse effect on a unit or chain of Command, which can include just the appearance of impropriety.

Fraternization in the military (as defined by the US military) relates to prohibited personal relationships between military Service members of different ranks and positions. Fraternization involves improper relationships, ranging from overly casual relationships, friendships or romantic relationships.

When this occurs between officers and enlisted Service members or between some other hierarchical pairing, as between a Commander and an officer or enlisted soldier in her command, it can potentially undermine the chain of Command, order, and discipline. Not all contact between enlisted persons and officers or subordinates and superiors is prohibited. The prohibition is mainly on contact that would compromise (or have the appearance of compromising) order, discipline and the chain of Command.

That said, a certain level of fraternization among Service members of different ranks and positions is often encouraged in the military, such as softball games or other team building events. However, even this can cross the line if, for example, an officer goes out for drinks with an enlisted person after the game. This relationship could undermine the impartiality (or the perception of impartiality) of that officer or enlisted Service member.

Since military superiors have the authority to send troops into battle and can make or break an enlisted person’s career, this specific type of fraternization is strictly prohibited. The key here in this example is whether you’re building a team or building a personal relationship.

But that is not to say the military completely discounts matter of the heart or other sentimental relationships developed before joining the military. Some exceptions do apply to the per se rules. If an officer and enlisted Service member were married before joining the Service, that relationship would not violate the fraternization policy and on joining they will not be required to divorce. But there is an option when a military subordinate and a superior “accidentally” fall in love, which is for one of them to immediately resign before it becomes a scandal in the barracks.

In general, essentially the rules seek to prevent inappropriate relationships between higher-ranking personnel and their subordinates. Relationships  are prohibited if they fall into any of the following categories:
Compromise, or appear to compromise the integrity of supervisory authority or the chain of Command
Cause actual or perceived partiality or unfairness
Involve, or appear to involve the improper use of rank or position for personal gain
Are, or are perceived to be exploitative or coercive in nature
Create an actual or clearly predictable adverse impact on discipline, authority, morale or the ability of the command to accomplish its mission.

Such relationships don’t have to be sexual in nature to be prohibited. For instance, if an officer is spending more time with one of his subordinates than others, the appearance of favoritism could certainly arise. And an officer who spends time with subordinates in social settings or who calls subordinates by their first names, for example, may bring his authority or fairness into question.

Other Prohibited Relationships can include ongoing business relationships; dating or shared living accommodations (other than those necessary to Military operations) and sexual relationships; borrowing money between a subordinate and a superior; and gambling, where one soldier may end up owing another money. Such relationships were not specifically covered under the Military policy until recently, but were considered unwritten rules.

And there are some situations where the above rules don’t apply. For instance, the “business relationships” clause doesn’t apply to a landlord-tenant relationship and one-time transactions, like the sale of a car from one soldier to another are allowed. But the borrowing or lending of money and ongoing business relationships are not allowed among military men of different ranks.

When Fraternization Is Charged as an Offense

Fraternization is one of the Sexual Offenses listed in the Nigerian Armed Forces Act (the others being Rape and carnal knowledge; Defilement;  Sexual relation with Service personnel’s spouse and Sodomy. Fraternization becomes a criminal offense under Section 80 of the Armed Forces Act which provides: An officer subject to Service law under this Act, who fraternizes with a soldier, rating or an  aircraftman, is guilty of an offence under this section and liable, on conviction by a Court Martial, to imprisonment for a term not exceeding five years or any less punishment provided by this Act.

Unfortunately the AFA did not elaborate on what is Fraternization. DID THIS FEMALE SOLDIER COMMIT FRATERNIZATION? But remember that such charges can only be brought against this particular female soldier if: The accused fraternized on terms of military equality with one or more certain other military personnel in a certain manner; The accused then knew the person(s) to be a military personnel; or Under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the Armed Forces or was of a nature to bring discredit upon the Armed Forces.

Now, the problem the Army may have in making the charge of fraternization to stick, is that the NYSC member is not a military personnel even as the Army statement tagged him “a trainee.” Technically, he is not a soldier. So, the senior/junior relationship which is an important ingredient to prove fraternization does not exist. There is no chain of Command relationship between the two.

Another issue is that unlike the US military books which define exactly what Fraternization is, in my some 30 years, no Nigerian military book defines exactly what constitutes fraternization, even though it is taken that everyone knows what fraternization is, that is, between a military superior and a subordinate. Nobody foresaw a soldier falling in love with a civilian NYSC member.

So, of the possible charges reeled out by Army Spokesman, several may stick especially the one on conduct prejudicial to Service discipline or dereliction of duty. But the charge on fraternization may not hold technically because there’s no junior senior relationship here. Fraternization is meant between serving military personnel not with civilians.

IN SUM & MORAL OF THIS STORY: The Nigerian military must check and update its books and change its procedures to reflect the nature of the New School Millennial Generation Z Sore Soke new military recruits who may not understand that the military has customs and traditions which must be followed, no matter how illogical they may seem.

Specifically, it must also be understood that the Military is an institution of culture and tradition which may even look illogical to the outsider but such is required for discipline and team building. In addition, every new entrants, especially current generation, must be told the rules in black and white.

In conclusion, our young soldiers should now realize that it is perfectly normal to walk up to their Unit Commanders to ask: ‘Permission to fall in love Sir!!!’

Group Captain Saheeq Shehu (rtd) is former of Director of Public Relations and Information (DOPRI), Nigerian Air Force

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