Section 60: Desertion

(1) A person subject to service law under this Act who-
(a) deserts; or
(b) persuades or procures any other person subject to service law under this Act to desert,
is guilty of desertion and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
(2) A person convicted of an offence under subsection (1) of this section shall only be liable to be imprisoned for not more than two years if-
(a) where the offence is against paragraph (a) of that subsection, he was on active service or under orders for active service at the time when it was committed; or
(b) where the offence is against paragraph (b) of that subsection, the person in relation to whom it was committed was on active service or under orders for active service at that time.
(3) In addition to or in lieu of any punishment authorised by subsection (1) or (2) of this section, the court-martial by whom a person subject to service law under this Act is convicted for desertion may direct that the whole or part of his service, previous to the period in respect of which he is convicted of having been a deserter, shall be forfeited, but this subsection shall not apply to a member of the Reserve called out on permanent service.
(4) For the purposes of this section and other sections of this Act, a person deserts who-
(a) leaves any service of the Armed Forces or when it is his duty to do so, fails to join or rejoin the Armed Forces, with (in either case) the intention, subsisting at the time of the leaving or failure to join or formed thereafter, of remaining permanently absent from his duty; or
(b) being an officer, enlists in or enters any of the other services of the Armed Forces, without having resigned his commission, or being a soldier, rating or aircraftman, enlists in or enters any of the services of the Armed Forces without having been discharged from his previous enlistment; or
(c) absents himself without leave with intent to avoid serving at any place outside Nigeria or to avoid service or any particular service when before the enemy,
and reference in this section and other sections of this Act to desertion shall be construed accordingly.