Manifestly unlawful order

Nigeria

Criminal Code Act - Chapter 77 1916 (1990)

Part 1
Introductory
Interpretation: Application: General Principles

Chapter 5
Criminal Responsibility

32. A person is not criminally responsible for an act or omission if he does or omits to do the act under any of the following circumstances -

(2) in obedience of the order of a competent authority which he is bound by law to obey, unless the order is manifestly unlawful ;

Rome Statute

Article 33 Superior orders and prescription of law

1. The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless:

(c) The order was not manifestly unlawful.

2. For the purposes of this article, orders to commit genocide or crimes against humanity are manifestly unlawful.