₦airaland Forum

dfrost:
Nice one fergie001. Omo people don't understand what military 🪖 is.

Orders are Orders for a reason. Aah... My boys at Sobi Barracks fit tear person slap for this act.

It can only be Naval or Airforce personnel that can have this type of self-control.

Army? So pe o ti lo 🤓

Your post just reinforced my respect for the Navy and Air force.

Professor of Law, Senior Advocate of Nigeria, and renowned author shares his opinion on the confrontation between Nyesom Wike and Lt. Yerima
___________________________________________

OFFICER YERIMA BREACHED THE LAW IN THAT FACEOFF WITH NYESOM WIKE

Brushing sentiments aside, I hereby condemn in totality the actions of the Naval Officer, A.M. Yerima, who obstructed the FCT Minister from gaining access into that parcel of land, under the guise of ‘obeying superior orders.’ The duty of a junior officer to obey the orders of his superiors, even though strongly upheld in military and paramilitary circles, has its own limitations recognised by no other authority but the Supreme Court of Nigeria. I shall establish this anon.

In the recent case of Onunze vs. State (2023) 8 NWLR (Pt. 1885) 61 at 108 SC, the Supreme Court held emphatically, per Ogunwunmiju, JSC, thus:

“My Lords, the obligation to obey the orders of a superior does not include orders that are palpably illegal or manifestly unjust. Every military or police officer swears an oath upon commissioning. The Oath is not to obey all orders, it is to “preserve”, “protect” and defend the Constitution of the Federal Republic of Nigeria against all enemies, foreign and domestic. When an officer obeys palpably illegal orders, they become personally liable for their actions and would be expected to face court martial or official sanction for the wrongdoing.”

In the earlier decision of Nigeria Air Force vs. James (2002) 18 NWLR (Pt. 798) 295 at 324 SC, Onu, JSC, delivering the lead judgment of the Supreme Court, held firmly, subjugating military personnel to civilian authority and disparaging obedience to illegal orders, as follows:

“See the case of Pius Nwaogu v. The State (1972) 1 All NLR 149 where it was held, inter alia, that "a soldier is responsible to Military and Civil Law and it is monstrous to suppose that a soldier could be protected when the order is grossly and manifestly illegal. Of course, there is the other proposition that a soldier is only bound to obey lawful orders and is responsible if he obeys an order not strictly lawful.’"

The illegality in that order stems primarily from the fact that no service law of the military permits a serving military officer to mount guard at the private construction site of his boss, especially under suspicious circumstances like this. The retired Naval Officer ought, under the circumstances, to have engaged the civil police, if he suspected likelihood of arson or criminal trespass.

Additionally, Barr. Nyesom Wike is the equivalent of Governor of a State – he being the Minister of the Federal Capital Territory, Abuja. More importantly, all lands in the FCT Abuja, by section 297(2) of the 1999 Constitution of Nigeria, 1999 as amended, belong to the Federal Republic of Nigeria. By section 302 of the same Constitution, read together with other extant Acts of the National Assembly, the President of Nigeria has delegated all powers with respect to land administration in the FCT Abuja to the Hon. Minister. Going by constitutional and administrative law, therefore, Mr. Wike stood in loco the President of Nigeria and Commander-in-Chief of the Nigerian Armed Forces on that fateful day. Consequently, even if the superior officer were still in service, he would not disobey Mr. Wike or obstruct him from entering the land. This was an affront to the civil authority of Mr. President.

The Minister’s method may be brash; but it is legal and lawful in all respects. Rather, it is the officer who obstructed him that has breached not just the Nigerian Constitution, but also service and extant regulatory laws. For the avoidance of any doubt, section 114 of the Armed Forces Act makes military personnel criminally liable for civil offences. This means the officer in question could be arraigned before a Court Martial for obstructing a public officer from performing his public duties, et cetera.

In conclusion, celebrating the humiliation of Nyesom Wike, simply because he is a ‘big man’ or simply because he is not liked by certain persons begs the real issue here. If such intolerable conduct by the young officer is not punished or is celebrated, this may unleash a reign of terror by the men in khaki against hapless civilians – with a grin or boast that ‘we did it to Wike and nothing happened.’ This is not Nigeria of our dream!
I rest my case here.

Prof. Sebastine Hon, SAN
(Constitutional Lawyer and Author)

HgAkpobomeEr:
The soldier should have been more civil in his approach.

Define civil?

Lithiumite:
Ok

He being there alone should earn him disciplinary action,what business does a soldier have in meddling in civil matters....we all cry about the dysfunctional state of the country but appreciate impunity because you feel it's targeted against ur enemy.....that guy has committed a treasonable offence by brazenly defying a representative of the GCFR of the FRN.....it should never be allowed to stand,he perfectly represents the interests if those sympathetic to the alleged coupist.

Alol !! your comment shows you dont even understand anything

the soldier was on his commander property to defend an order given to him,

Wike shouldnt have taken himself low flexing muscle with a young officier, IF wike was so sure of himself that he is big and powerful in hierachy he should have called the General/owner and order him to call his boiz back

The soldier had every right to be on his Commander property until the court/verdict says otherwise.


You cant intimidate a soldier, that Military Uniform is bigger than Wike, insulting the officier is tantamount to insult on Nigeria and we expect Wike to know that buh he is always drunk

lol ! oldo GCFR is not even a civilian title, it only applies within the Military sphere, so that soldiers represent the GCFR, infact it is Wike that has commited treason assaulting a Nig. soldier on camera

Shey you see your life naw, what you dont know is bigger than you

/
If Joe Igbokwe is a true Igbo man as claimed, he will understand the Igbo proverb which states that a small bird dancing on the road has something beating drums for it.
The audacity of the junior officer is a pointer to what's in the offing. He carried his orders to the letter. If Wike is aggrieved, he knows what to do. He cannot transfer his personal beef with the retired CNS on other military officers.
/

esnbrutality:
See them, sophisticated region and obtuse reasoning.

The day it will happen to your preferred political office holder and you're making any fuss about it, you will be remembered of this incident.

fergie001:
The Service Chiefs will be on call now with AVM Gambo laughing at Wike. When the FCT man said former Vice Admiral, he was corrected immediately, a Vice Admiral is a Vice Admiral, nothing like former

Nigeria is not a straight line.

The respect and discipline in the military is top-notch. Gambo is 36RC and the present CDS is 39 or 40, you know how many times he must have saluted Gambo?

If the CDS wanted to budge, when Wike called him, he could have ordered those boys to leave but he didn't, there is a reason why. As it stands today, only Tinubu as GCFR can order those soldiers to stand down and he won't.

There is already a failed coup, once it gets to the Barracks, that a Wike pre-empted an entry on the property of a former CNS, the discontent won't be funny, it will be double the trouble he presently has. So, the Tinubu I know will look away.

If Wike likes, he can visit there a million times, if Tinubu, through the CDS doesn't order those boys to stand down, they will remain there. The reason why the young officer told him straight up, they are under orders.

Gbsmsulotey, the eSpirit the corp in the military is top notch oooo
My small military background at Army staff school Zaria helped me to understand the discipline in the military, although I didn't pursue a full military career but I had a small military background at Army staff school Zaria

chidiokay:
like kneel or lye flat on the floor becos he is talking to your god

You dey mind am
If na twitter now..I for understand say he fit dey find engagement

Is like there is no more sewage water in lagos gutters? abi he dey break. Efulefu!

Go and remove it naa.

Since BUHARI and now Tinubu, your region has been applauding every scenerio that insults IGBOs. Just a little action and you have turned to a motivational speaker.

SW man rest with your lamentations.

Guestmale:
The day it will happen to your preferred political office holder and you're making any fuss about it, you will be remembered of this incident.

Do people think before they open their mouth to talk? Did the young guy not say he was acting on orders? Whose order is more important to him? Is it not the order of his boss in the army? Or do you think he will respect Wike's order and flout the directives of his boss?

Many of us don't seem to understand the ethics of the army. If Wike had been beaten yesterday, Tinubu will not do anything. And the army will not punish the boy. They will only say they will investigate the matter. That is the end of it.

Shuu!

press9jatv:
.




https://www.facebook.com/share/p/1788cizFuN/




https://www.facebook.com/share/p/1awimidW2G/



https://www.facebook.com/share/p/1ABgXZCpow/

Oga go and remove it , and see what happens to you.

Very stupid man. He will always support wike or Tinubu and his cronies.

Wike will wake up one day and realize that power is not forever.
Nobody ever beats time.

Christistruth00:
Yes
Wike is the Minister and Constituted Authority Of the FCT


Didn’t you already know ?

is Wike commander in chief of the armed forces? Wike as a lawyer ought to know that a minister is not C in C and therefore can't issue order to military only the president does

Saybal:
I don't use strong offensive words on people ,I can't even call my son fool

As a matter of urgency there is need to organise training on mannerism for public office holders

Honestly. Wike did not conduct himself properly at all, and it seems to be common to many of them.

israelmao:
The young man was there on the instruction of his boss.He obeyed his boss so he has no fault.

I am not talking about the young man being there. It's the culture of having military men guiding private property that I am against. It demeans our service men in no small way.
Our soldiers should only be seen during a state of emergency or when the nation is at war.
For so long we have normalized the absurd. Do we see military men guarding private properties in the western world? No.

HgAkpobomeEr:
The soldier should have been more civil in his approach.

I swear una be mumu for here oooo. How will the officer be MORE civil.
Did he insult d fct minister ?
Did he assault d fct minister ?
Even d police man wasn't assaulted but was told he shouldn't tall while he is talking, he was just there to protect his principal which is wike.
Did the military man pull up a gun on wike?
Should the military man fall on his knees to greet wike?

Please explain how will the military man be more civil?

First, there is no small military officer and there is no small boy in any of the forces.
Anyone who is old enough, able and willing to stake his/her life for his country should be accorded his/her due respect.
Wike did not behave in manners befitting of a public officer. His use of derogatory and abusive words is condemnable.
Wike could and should have gotten to the commanding officer(s) to address the issues instead of attempting to handle it in his usual bullish way.

Personally I don't take Joe seriously, because he is neither here nor there. very unstable man.

Ttalk:
It is even an impunity for a retired CNS to be ordering a serving military personnel on his personal business.

Where did the retired CNS derives his power after retirement

A Retired Officer always have leverage on the Serving ones simply because they are INSTRUMENTAL to their CALL to Serve.

They simply manipulate the SYSTEM for this guys and for that they are FOREVER LOYAL to that INDIVIDUAL rather than to the STATE.

The Proverbial Nigerian "Man-know-Man thing.

Constituted authority my foot, constituted authority that is revoking people's land and property to his own,some people are here talking rubbish that is why Nigeria will never recover.joe igbokwe is a clown, let's nobody listen to his jaggon.NONSENSE

chidiokay:
Alol !! your comment shows you dont even understand anything

the soldier was on his commander property to defend an order given to him,

Wike shouldnt have taken himself low flexing muscle with a young officier, IF wike was so sure of himself that he is big and powerful in hierachy he should have called the General/owner and order him to call his boiz back

The soldier had every right to be on his Commander property until the court/verdict says otherwise.


You cant intimidate a soldier, that Military Uniform is bigger than Wike, insulting the officier is tantamount to insult on Nigeria and we expect Wike to know that buh he is always drunk

lol ! oldo GCFR is not even a civilian title, it only applies within the Military sphere, so that soldiers represent the GCFR, infact it is Wike that has commited treason assaulting a Nig. soldier on camera

Shey you see your life naw, what you dont know is bigger than you

Go shove your sentimental rabble up ur black arse.....we have seen civilians in open verbal confrontation with the military,the Kenyan tax riots some years back readily comes to mind,same is Tanzania just recently......our smaller but more sensible neighbour, Benin Republic has far more civilised military civilian relationship than the nonsense we have here,the military over there carry themselves with the utmost sense of responsibility and integrity and not aura of intimidation and condescending attitudes.

You may still be suffering from military hang over or you belong to same community.....the soldier stepped over the line by disrespecting a federal minister.....we are in a democracy and the military has no right on civil matters more annoyingly a an responsible military that hasn't been able to wipe out decades of insurgency pervading the land.....he is a junior officer to the position of a federal minister.

Switruth:
shut up... Na una dey support bad thing.

Bad thing? The only person who did bad thing here is a faceless retired admiral using innocent and clueless boy to harass Inspection officials from doing their job. If you are doing the right or doing thing the right way, you wouldn't need any soldier to guard against officials because your approvals and documents would come from them already. I'm even surprised that you couldn't see this. So, shut up and stop making Nigeria looking like a jungle where we use power and connection instead of doing things the right way

HgAkpobomeEr:
The soldier should have been more civil in his approach.

That's part of the training and he's only doing his job. Wike is not his superior and he is not answerable to him.

WIKE IS A BLOODY CIVILIAN!

SixSeven:
This was the part that upset me. Wike telling us how old he was etc. Who cares? Why do Africans think that just because they came to earth before someone else, the world must bow to them? Wike was busy trying to prove to the officer that he came to earth before him. Our politicians don't learn at all. The first coup in 66-7 took away senior officials and who headed the government? A small boy called Yakubu Gowon, who hadn't even married or had a child. I think power gets these politicans carried away. They keep talking down at Nigeria youth, displaying extravagance and expect them to bow to them.

⚔️ Coup Plotters (Ages in 1966)

1. Major Chukwuma Kaduna Nzeogwu – 29
2. Major Emmanuel Ifeajuna – 31
3. Major Adewale Ademoyega – ~30
4. Captain Chris Anuforo – ~28
5. Major Don Okafor – ~30
6. Lt. Fola Oyewole – ~26
7. Lt. Humphrey Chukwuka – ~27

---

🏛️ Assassinated Political and Military Leaders (Ages in 1966)
1. Sir Abubakar Tafawa Balewa (Prime Minister) – 53
2. Sir Ahmadu Bello (Premier, Northern Region) – 55
3. Chief Samuel Ladoke Akintola (Premier, Western Region) – 54


Who is deceiving Wike about age? They better learn from history.

I should add that even before Gowon took over, Ironsi was in his 40s, younger than those they took out.

deanoffaculty:
That's part of the training and he's only doing his job. Wike is not his superior and he is not answerable to him.

Nigeria is not a jungle, the law is greater than everybody. When he gets punished, he will know better

WIKE IS A BLOODY CIVILIAN!

I get it, years of mental abuse