ARMED FORCES ACT

Section 21: Attachment of personnel of foreign armed forces, powers of command, etc.

1994Section 21 of 292Federal Republic of Nigeria

(1) The President may, by order, direct that this section shall apply to a member of the force of a foreign country and where the President so directs, the Forces Council-
(a) may attach temporarily to any of the services any member of the foreign force to which the other force belongs; or
(b) subject to anything to the contrary in the conditions applicable to the Armed Forces, the Forces Council may place any member of the Armed Forces at the disposal of the service authorities of a foreign country for the purpose of being attached temporarily by those authorities to the forces of that country.
(2) Where a member of a foreign force is by virtue of this section attached temporarily to the Armed Forces as an officer, a soldier, rating or an aircraftman, as the case may be, he shall for the period of attachment be subject to this Act to the extent to which its application to him is not modified by an order which the President may make under this subsection, in like manner as if he were a member of the Armed Forces of relative rank, and accordingly he shall be so treated and have like powers of command and punishment over members of the Armed Forces.
(3) When the Armed Forces and the force to which this section applies are serving together whether alone or not-
(a) a member of the foreign force shall be treated and shall have over members of the Armed Forces the like powers of command as if he were a member of the Armed Forces of relative rank; and
(b) if the Armed Forces and the foreign force are acting in combination, an officer of the foreign force appointed by the Forces Council, or in accordance with regulations made by the Forces Council to command the combined force or any part thereof, shall have, over members of the combined force, like powers of command and punishment and may be invested with the like authority to convene and confirm the findings and sentences of courts-martial as if he were an officer of the Armed Forces of relative rank and holding the same command.
(4) For the purposes of this section, forces shall be deemed to be serving together or acting in combination if, and only if, they are by order of the Forces Council declared to be so serving or so acting, and the relative rank of members of the combined forces shall be such as may be prescribed by regulations made by the Forces Council.
(5) Without prejudice to any agreement which may be reached, a person shall not cease to be subject to this Act by reason only of attachment in pursuance of this section.
(6)
In this section, "force of a foreign country" or "foreign force" means the armed forces of a foreign country.

Cite this section

Section 21, ARMED FORCES ACT (1994).

https://repo.podus.ai/laws/armed-forces-act/section/21/