In Nigeria, while it is treasonable felony to hoist, project or fly the flag of another country within the territory of Nigeria, it is not an offence to sew or join together different colours that make up the flag of a foreign country within Nigeria.
![](https://thenigerialawyer.com/wp-content/uploads/2025/05/idrinstitute.png")
On 5th August 2024, the Force Police Public Relations officer, Muyiwa Adejobi disclosed that a Tailor named Ahmed Bello was arrested for sewing large quantity of Russian flags. Two questions beg for answers: First, did the tailor understand that the combination of White, Blue and Red fabrics translates to a Russian flag? If he knew the flag he was making was Russian, the next question would be, is it an offence to sew the flag of another country in Nigeria?
In the light of Section 111 of the Penal Code and Section 38 of the Criminal Code it will be difficult to extricate the characters projecting Russian flags in Kaduna, Kano and other Northern States. Section 111 deals with “wearing and carrying of emblems, flags etc”. it says:
“111. Whoever wears, carries or displays in public any emblem, flag, article of clothing or other token or device in such manner or on such occasion or in ‘ such circumstances as-
(a) to constitute an offence under any other section of this Penal Code, or of any other subsisting Act or Law; or
(b) to cause or be likely to cause annoyance to the public or a section there- of, or a breach of the peace, or disturbance of the publi peace, or the commission of an offence…”
Further Section 38 of the Criminal Code deals with the instigation of a foreigner to invade Nigeria, which in itself is an act of treason. This section can be extrapolated to inculpate the characters projecting Russian flags in Kaduna and Kano, however, such extrapolation cannot be extended to the Ahmed Bello, the tailor.
Further Section 4(3) of the Flags and Coat of Arms Act, provides that:
“(3) The Minister charged with responsibility for internal affairs may, from time to time, by notice either generally or specially authorise the flying of the flag of any Commonwealth country or of any foreign country in any public place, either alone or at the same time as the National Flag, and upon such terms and conditions as he thinks fit; but for the avoidance of doubt and to give effect to any diplomatic convention, no embassy, high commission, or consulate shall be a public place, and no means of transport when used by members of any embassy, high commission, or consulate shall, for the purposes only of this subsection, be deemed to be operating in a public place.
Foregoing provision further makes the case of the characters projecting Russian flag helpless, but these provisions say nothing about sewing or producing flags of foreign countries.
Let’s consider some examples – “sale of Military Uniforms”. The law proscribes both USE and PRODUCTION. But in the case of dealing with foreign flags, the law only proscribes use or projection.
Lastly Section 36(12) of the Constitution of the Federal Republic of Nigeria (As amended) provides that:
“Subject as otherwise provided by this Constitution, a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefor is prescribed in a written law, and in this subsection, a written law refers to an Act of the National Assembly or a Law of a State, any subsidiary legislation or instrument under the provisions of a law.”
On the strength of the foregoing, It is the author’s view that the tailor, Mr. Ahmed Bello who was arrested for allegedly sewing Russian flags, has not committed any offence under Nigerian law.
Arome Abu is the Managing Partner of TCLP.
a.arome@thecounsellp.com , www.thecounsellp.com
+234 803 262 2359 , +234 708 1156 539, Twitter: @TheCounselLP, @de_legist, Instagram:The_counsellp
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