One particular falsehood that’s been making the rounds on social media is the claim that overtaking a military convoy is illegal and carries severe consequences under Nigerian law. This belief, fueled by a viral article, is not just false—it’s dangerous. Dangerous because unchallenged falsehood distorts public understanding of true facts.
The viral article in question claims that overtaking a military convoy is a “serious offense” punishable under several Nigerian laws, including the Armed Forces Act (AFA) 2004, Road Traffic Act 2004, and National Security Agencies Act 2004. It even cites a supposed case, Aoku v. State (2017), as precedent.
But here’s the truth: none of them exists in the light the article painted them.
Armed Forces Act: The article’s interpretation of Section 119 of the Armed Forces Act is entirely wrong. That section deals with disciplining members of the military—not civilians. It doesn’t mention overtaking military convoys or anything remotely related to traffic offenses.
National Security Agencies Act 2004: Again, the article outrightly fabricated this section of the law. It cites a non-existent Section 15 of the National Security Agencies Act, claiming it empowers security agencies to take necessary actions to maintain national security, including prosecuting individuals who overtake military convoys. However, a review of the Act clearly shows only 8 sections, and there is nothing like any offence of overtaking military convoy.
Road Traffic Act 2004: It fabricated this again. Section 35 never spoke about military convoy and it never prohibited overtaking military vehicles.
Aoku v. State: No Court of Appeal decision has sentenced anyone to five years imprisonment for overtaking a military vehicle.
The Problem with Misinformation
The real danger in the viral article is not just the claim itself—it’s the falsehood that it spreads. By misleading the public into thinking and believing that overtaking military convoys is illegal, the article inadvertently legitimizes likely human rights abuses and also makes citizens feel in the wrong in the face of military aggression. The article may even encourage some military personnel as a basis to justify human right abuse.
While it’s wise and prudent to approach military convoys with caution—for safety purposes—there’s no law that forbids overtaking them.
Opatola Victor Esq.
Victor@legalifyattorneys.com
