Fact Check: Is Singing Nigeria’s Former National Anthem, ‘Arise O Compatriots’, a Criminal Offence?

Fact Check: Is Singing Nigeria’s Former National Anthem a Constitutional Breach or Criminal Offence?

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What the 1999 Constitution and National Anthem Act 2024 actually say amid the controversy involving Peter Obi and NDC supporters

The decision by some supporters of the Nigeria Democratic Congress (NDC), including its presidential candidate, Peter Obi, to sing Nigeria’s former national anthem, Arise, O Compatriots, at a party town hall meeting in Lagos has triggered a fresh national debate.

The incident has attracted criticism from government supporters, with some suggesting that singing the former anthem amounts to disobedience to the law, disrespect for national symbols or even a constitutional offence.

The controversy intensified after the Minister of Aviation and Aerospace Development, Festus Keyamo, challenged NDC National Leader, Senator Seriake Dickson, to clarify the party’s position on the singing of the former anthem.

Keyamo reportedly argued that deliberately singing an anthem different from the one prescribed by law could amount to laying the foundation for secession.

But beyond the political arguments, what does Nigerian law actually say?

Can a Nigerian citizen be arrested, prosecuted or jailed simply for singing Arise, O Compatriots?

Headlineswave examined the relevant provisions of the 1999 Constitution and the National Anthem Act 2024.

1. What does the National Anthem Act 2024 say?

President Bola Tinubu signed the National Anthem Act into law on May 29, 2024, restoring Nigeria, We Hail Thee, Nigeria’s original independence anthem, which was replaced in 1978 by Arise, O Compatriots.

Section 1 of the Act expressly establishes Nigeria, We Hail Thee as the country’s national anthem.

Section 2 describes the national anthem as a national symbol and sign of authority. It further provides that all persons, individuals and corporate entities must respect it and preserve its dignity.

Section 3 identifies occasions when the national anthem must be performed or sung, including legislative sittings, constitutional oath-taking ceremonies, flag-raising ceremonies and major national sporting events.

Section 4 requires the performance and singing of the anthem to follow the lyrics prescribed by the Federal Government.

Section 5 also requires people present when the national anthem is performed or sung to stand and conduct themselves respectfully.

These provisions establish the legal status of the current anthem and the obligations associated with its performance.

However, there is an important omission.

The Act does not expressly create a criminal offence for singing the former national anthem. Neither does it prescribe a fine or prison sentence for doing so.

2. Does Section 24 of the Constitution make singing the former anthem unconstitutional?

This is where the argument becomes more complicated.

Section 24(a) of the 1999 Constitution lists among the duties of every Nigerian citizen the obligation to abide by the Constitution and respect its ideals, institutions, the National Flag, the National Anthem, the National Pledge and legitimate authorities.

Those who argue that singing Arise, O Compatriots amounts to a constitutional breach may rely on this provision.

However, Section 24 is contained in Chapter II of the Constitution, which deals with Fundamental Objectives and Directive Principles of State Policy.

Section 6(6)(c) generally limits the power of courts to enforce the provisions of Chapter II, except where the Constitution otherwise provides.

More importantly, Section 24 does not expressly state that singing a former national anthem is a criminal offence.

It establishes a civic duty to respect the national anthem, but it does not prescribe a criminal punishment for singing a previous version.

3. What does Section 36(12) say about criminal offences?

Perhaps the most important constitutional provision in this debate is Section 36(12) of the 1999 Constitution.

It provides that no person shall be convicted of a criminal offence unless the offence is defined and its penalty prescribed in a written law.

This means that an individual cannot simply be declared a criminal because an action is considered disrespectful, politically unacceptable or contrary to the wishes of the government.

For a criminal prosecution to succeed, there must be an identifiable offence established by written law and a prescribed penalty.

An examination of the National Anthem Act 2024 reveals no specific criminal penalty for singing Arise, O Compatriots.

4. What happened to the proposed law seeking to criminalise refusal to sing the anthem?

There was an attempt in 2024 to introduce tougher penalties for people who refused to recite Nigeria’s reinstated national anthem.

The proposed Counter Subversion Bill reportedly sought to impose a fine of ₦5 million, a prison sentence of up to 10 years or both for certain acts, including refusing to recite the national anthem.

However, the controversial proposal was withdrawn by the Speaker of the House of Representatives, Tajudeen Abbas, following widespread public criticism.

The proposed penalties did not become part of the National Anthem Act 2024.

This is an important distinction: a proposed bill is not an enforceable law simply because lawmakers have introduced it.

5. What about freedom of expression?

Section 39(1) of the Constitution guarantees every person the right to freedom of expression, including the freedom to hold opinions and receive and impart ideas and information without interference.

Section 40 also protects the right to assemble freely and associate with other persons.

These provisions are relevant when considering the singing of the former anthem at a political gathering as a possible expression of disagreement with government policy.

However, constitutional rights are not absolute. They must be exercised within the limits of applicable laws.

The circumstances surrounding any particular incident would therefore matter.

6. What did Festus Keyamo say about the absence of a penalty?

Interestingly, Keyamo himself acknowledged an important legal distinction during a separate interview with Eagle 102.5 FM.

According to a report by PUNCH published on November 14, 2026, the minister admitted that he was unaware of any specific penalty prescribed by law for singing the former national anthem.

He was quoted as saying:
“There’s no penalty that is prescribed by law. No penalty.”

He added that the law establishes the new national anthem and expects Nigerians to abide by it.

This admission is significant because it draws attention to the difference between a legal obligation to respect a national symbol and the existence of a specific criminal offence.

7. So, is singing the former national anthem illegal?

Based on the provisions examined, singing Arise, O Compatriots does not, by itself, constitute an expressly defined criminal offence under the National Anthem Act 2024.

The current official anthem remains Nigeria, We Hail Thee, and Nigerians are expected to respect it.

Nevertheless, the mere act of singing the former anthem does not automatically establish criminal liability.

There is also no basis for treating every person who sings it as a secessionist simply because of the choice of song. A claim of secession would require evidence of conduct satisfying the relevant legal requirements, not merely an assumption based on a musical performance.

Whether a particular incident violates another applicable law would depend on its circumstances.

Conclusion: What the law says versus what politicians say

Nigeria has an officially recognised national anthem, established by an Act of the National Assembly.

The Constitution also places a civic responsibility on citizens to respect the national anthem.

However, there is a fundamental difference between a constitutional duty, a breach of a statutory obligation and a criminal offence punishable by imprisonment.

The National Anthem Act 2024 establishes the official anthem and provides rules for respecting and performing it. It does not expressly criminalise singing the former anthem or prescribe a punishment for doing so.

Until a competent court determines otherwise or the National Assembly enacts a specific criminal provision, describing the mere singing of Arise, O Compatriots as an established criminal offence goes beyond what the published legislation expressly provides.

The question Nigerians should therefore ask is not simply whether singing the former anthem is politically acceptable, but whether anyone can be criminally punished for an act that the relevant written law has not expressly made a punishable offence.

Headlineswave examined the National Anthem Act 2024, the 1999 Constitution of the Federal Republic of Nigeria, and reports by PUNCH on the latest controversy and the withdrawal of the proposed Counter Subversion Bill.

This report distinguishes between constitutional civic duties, statutory obligations and criminal offences.

It is an examination of the published legal provisions and not a substitute for legal advice or a court determination.

Sources:

National Anthem Act 2024.
1999 Constitution of the Federal Republic of Nigeria, Sections 6(6)(c), 24(a), 36(12), 39 and 40.

PUNCH, November 14, 2026: Report on Festus Keyamo’s comments concerning the former national anthem.

PUNCH, August 17, 2024: Report on the withdrawal of the proposed Counter Subversion Bill.