₦airaland Forum

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.

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

FreeStuffsNG:
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.

Patriotic Nigerians have started talking.

The least FG and the Military authorities can do right now is to immediately suspend him while preparing for his arraignment.

Sangoamadioha1:
The young naval officer was under order by his superior officer not to allow anyone into the site. The naval officer said the land in question was legally acquired.
Wike should have called his boss to clarify issues and not to start insulting a uniformed officer.
If the young man was wrong why was he not ordered to stand down by the chief of naval staff after Wike reported to him. The CON only said the matter would be resolved amicably thereby prompting Wike to leave the place after realising he was in the wrong.
The young officer should be commended for refusing to be bullied in a respectful and firm manner.

HgAkpobomeEr:
Officer Yerima was wrong. But Wike was also wrong for trying to force his way in.

loffyloffy:
The young officer was clearly disrespectful to the authority of Mr President, exercised through the office of the FCT minister.

It was realy unwise for him to say the land was legaly acquired, he is just a guared on site, he is not the lawyer of the owner of the land, and he is not authorised to hold brief on behalf of the owner. Mind you even if it is true that the land is legally acquired, Wike as the FCT minister have the authority to revoke the allocation of the Land.

Many people supporting the boy, are doing it out of their dislike for the govt in power, plus they cannot separate the office of the FCT minister from the person which in thod instance is Wike.

Wike did not visit the land as a private citizen, he was there as the FCT and has the full authority of the law backing him.

Sangoamadioha1:
If that young man is suspended, the military guys would be greatly demoralized.
I honestly don't think Tinubu would do that.

Putindbutt:
Which yeye military guys will be demoralized?. An officer who blocked the way of a minister representing the President who is the C-in-C?. Is the order of a retired CNS bigger than that of the President?. You guys are joking too much.

Sangoamadioha1:
If you are correct then why did the CDS not order to young naval officer to stand down?
The naval officer will not listen to anybody aside the C-in C, the CDS or his boss.
He is not under Wike so wike should go and talk to the officer's boss or the president and not insulting a commissioned officer of the Nigerian Armed forces.

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.

FreeStuffsNG:
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.

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

Mynd44 nlfpmod

FreeStuffsNG:
It is obvious that you didn't read it.

Here's a quote to help you fill your blanks.

The retired Naval Officer ought, under the circumstances, to have engaged the civil police, if he suspected likelihood of arson or criminal trespass.


We know those enemies of Nigeria who were mocking HE Wike.
All the enemies of Nigeria will lose las las. They always lose.

buygala:
Even if Wike had abused that officer's mother, he had no right whatsoever to retort at a Commander-in-Chief's representative

That officer's seniors in the armed forces call him and treat him far worse than a fool, and he dare not respond ...Sometimes, they even request he salutes and agrees with them on whatever insult they throw at him...

But this young man has the temerity , guts, and impetus to retort to an extant Minister acting directly under the authority of the Commander-in-Chief..That is same as retorting directly to the Commander-in-Chief...

Whether Wike had to call him a fool or not is irrelevant at this point...the question is if Tinubu who Wike was representing had been the one who called him a fool, would he have had the guts to retort?

Like I said earlier, even if Wike had insulted his mother, he dare not respond to him....An officer one rank above him in the military will tell him far worse and he must even salute to collect such insult...

.All he can do is take up his complaint up the proper channels, if wetin Wike talk vex am

The more one analyses this whole issue, the more the worms come creeping out

The Army Brass that are standing with the officer for being "bold" etc, do they take such retorts and "boldness" from officers junior in rank to them?

If they won't take it, why should a duly appointed representative of the Commander-in-Chief take it?

Sangoamadioha1:
If you are correct then why did the CDS not order to young naval officer to stand down?
The naval officer will not listen to anybody aside the C-in C, the CDS or his boss.
He is not under Wike so wike should go and talk to the officer's boss or the president and not insulting a commissioned officer of the Nigerian Armed forces.

FreeStuffsNG:
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.

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

Mynd44 nlfpmod

FreeStuffsNG:
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.

Patriotic Nigerians have started talking.

The least FG and the Military authorities can do right now is to immediately suspend him while preparing for his arraignment.

Putindbutt:
Were you there when CDS was talking with him on the phone?. A serving officer can take order from a retired general?, can they also take order from a former President?. Ignorance is bliss.
chochocho... abeg shift.