By Group Captain Sadeeq Garba Shehu (rtd)
Recent reports (unofficial so far) about soldiers being declared deserters have generated considerable public discussion. Many people use the terms AWOL and desertion interchangeably, but under Nigerian military law they are not the same offence.
The Nigerian Armed Forces Act (AFA) distinguishes clearly between the two.
1. What is AWOL?
AWOL means Absent Without Leave.
It occurs when a soldier is absent from his or her place of duty without lawful authority but there is no proven intention to abandon military service permanently.
A soldier may be AWOL because he:
overstayed leave;
failed to report back on time;
left his unit without permission; or
missed movement or duty.
Under the Armed Forces Act, this offence is covered by Section 59 – Absence Without Leave.
An AWOL soldier upon return is “Rejabbed” ie taken back subject to possible trial and serving some punishment
2. What is Desertion?
Desertion is a much more serious offence.
Under Section 60 of the Armed Forces Act, a soldier commits desertion if he:
a. Leaves the Armed Forces with the intention of remaining away permanently;
b. Fails to join or rejoin his unit with that permanent intention;
c. Persuades another soldier to desert;
d. Joins another Service without lawful discharge; or
e. Absents himself with the intention of avoiding operational deployment, service outside Nigeria, or service before the enemy.
The critical difference between AWOL and DESERTION is therefore intention.
A soldier may be absent for weeks and still not legally be a deserter if permanent abandonment cannot be proved.
Conversely, a soldier may desert even after a short absence if there is evidence that he intended never to return.
WHAT HAPPENS IF A SOLDIER IS CONVICTED OF DESERTION?
Under Section 60, a soldier convicted by a court-martial may face:
a. Imprisonment for up to two years (where the statutory conditions are met);
b.Any lesser punishment permitted under the Act; and
forfeiture of all or part of previous reckonable military service, as directed by the court-martial.
Importantly, desertion is not established simply because a commander labels someone a deserter. It remains a criminal offence that must ultimately be determined through the military justice process.
WHAT IF SOMEONE (EVEN A CIVILIAN) HELPS A DESERTER?
The Armed Forces Act also criminalises assistance to deserters.
Under Section 61, it is an offence to knowingly:
a. Assist a deserter;
b. Conceal a deserter;
c. Harbour someone known to have deserted; or
assist a soldier who is unlawfully absent from military duty.
The law therefore extends beyond the deserter himself. Anyone , even a civilian, a spouse , brother, sister, friend who knowingly facilitates or conceals desertion may also face criminal liability.
CAN CIVILIAN AUTHORITIES/POLICE ARREST DESERTERS?
Yes.
The Armed Forces Act provides procedures for:
immediately reporting deserters
arresting deserters;
surrendering deserters to police;
appearance before a magistrate;
transfer back into military custody; and
detention pending return to military authorities. Sections 241–245 specifically regulate these procedures.
THE BOTTOM LINE
Military discipline depends upon certainty regarding attendance for duty. That is why the Armed Forces Act distinguishes between:
AWOL — unauthorized absence, which may be temporary; and
Desertion — permanent abandonment of military duty or absence intended to evade operational service.
The difference is not merely how long a soldier has been absent.
The decisive legal question is intent.
That distinction lies at the heart of Sections 59, 60 and 61 of Nigeria’s Armed Forces Act.
Group Captain Sadeeq Garba Shehu (rtd) is a Security & Defence Analyst/Conflict Security & Development Consult Ltd
