What does the law say about wearing security uniform for drama?
The Nigerian skit-making industry has witnessed commendable growth over the past decade. The creative industry, to which skit-making belongs, is estimated at $4,5 billion, with a projection to employ 6.7 million people by the end of 2025. The industry has become a source of livelihood for many young Nigerians who could, with just their smartphones and social media accounts, make a decent living and fend for themselves.
From ‘big’ names in the industry like Broda Shaggi, Oga Sabinus, Mark Angel, and Mr. Macaroni, to fast-rising skit-makers like Joseph ‘Jay On-Air’ Onaolapo, Eliezer Paul-Gindiri, and Isaac Ayomide Olayiwola, the industry continues to witness significant growth. However, the production of some skit makers has generated criticism over what many described as disregard for privacy, security issues, and impersonations, among others
On Thursday, July 27, 2023, the Nigerian Police Force (NPF), in a statement, condemned two recent videos released by Abdulgafar Abiola, popularly known as “Cute Abiola,” between July 20 and July 24, 2023, where the skit maker, wearing what looks like a police uniform, performed a ‘stop and search’ operation by the roadside.
“Abdulgafar Abiola will be investigated and possibly prosecuted for his deliberate acts as the NPF had already warned skit makers and filmmakers to desist from desecrating its uniform or accoutrements. The Force is committed to upholding the sanctity of the uniform and will pursue due legal process to ensure accountability for any individual or entity that seeks to bring disrepute to the uniform or the institution it represents,” the statement by Olumuyiwa Adejobi, NPF Public Relations Officer, reads in part.
In June 2023, popular prankster, Abdullahi Maruf Adisa a.k.a Trinity, was invited by the Oyo State Police Command over a video where he was alleged to have sexualised a minor. While Trinity was later released after spending a month in detention, some Nigerians are raising concerns about the lack of safety and privacy some skit-makers, especially pranksters, ignore during their shoots. But security personnel are also concerned about the impersonation and the derogatory portrayal of their agency.
On June 21, 2023, the Economic and Financial Crimes Commission (EFCC), in a statement signed by Wilson Uwujaren, the commission’s Head of Media & Publicity, warned the public that the use of EFCC-branded jackets, symbols, insignia, and other accouterments without authorisation by content creators, movies, and skit producers is illegal, and defaulters will be treated as “impersonators and dealt with accordingly.”
But what does the law say about wearing security uniform?
Section 251 of the Criminal Code of Conduct states that “Any person who, not being a person serving in any of the armed or police forces of Nigeria, wears the uniform of any of these forces, or any dress having the appearance or bearing any of the regimental or other distinctive marks of any such uniform, in such a manner or in such circumstances as to be likely to bring contempt on that uniform, or employs any other person so to wear such uniform or dress, is guilty of a simple offense and is liable to imprisonment for three months or to a fine of forty naira.”
What this implies is that anyone in Nigeria who is not part of the military or police and wears their uniform or any clothing resembling their uniform in a way that disrespects it can be charged with a simple offense.
This section of the Criminal Code of Conduct, as shared by Olumuyiwa Adejobi on his Twitter account to prove that Cute Abiola is guilty of the unlawful wearing of the police uniform, was criticised by many Nigerians, including legal practitioners, who argue that there are exceptions to section 251.
“Using ‘police uniform’ in a skit for the purpose of entertainment cannot by itself bring contempt on that uniform. In any event, if what’s demonstrated in the skit is a true reflection of what the police are known for, you will have a hard time proving this case,” human rights lawyer Inibehe Effiong wrote on the issue.
According to the Police Corruption Perceptions Index, Nigeria’s Police Force is one of the most corrupt police departments in the world with an index of 7.83, and ranked 12th out of 100 polled nations.
There are widespread allegations that police personnel collect bribes and illegally extort money from motorists, which Abiola’s skit tried to portray.
While section 110 also prohibits the public from unlawfully wearing the uniform of the armed forces, it, however, exempts wearing armed forces uniforms during the “course of a stage play or in any bona fide public entertainment.”
Effiong added that for Cute Abiola to be found guilty, the NPF “will have to define what constitutes a ‘police uniform’ as defined by law and also prove beyond reasonable doubt that what Cute Abiola wore in the skit is a police uniform.
