₦airaland Forum

SixSeven:
For the Military to post that image yesterday in indirect support of the man, it says a lot. I think the political class are getting carried away. Given the recent coup attempts and Trump's invasion (which makes them look like cowards who have been compromised - go back to the politicians and interference with national security), it will be foolhardy to ignore the current sentiments. People are condemning the young ones who are hailing the soldiers but what it means is that the political class don't have the support of the people and if there is a coup, we will see how no one will stress themselves and welcome back the military thereby throwing away all the hard work for democracy.

If they really love democracy, they better behave themselves. Endsars sentiment is still there and these are young people. There is a growing discontent in the continent and the young people do not have this attachment to 93 or before. They really don't care. What they see in front of them is their reality and they don't care about consequences so if we love the democracy, we better let it work well. Look at the Boko Haram issue, You have Bandits who are forgiven and put in the army. Who is happy about that? They want to act but they are helpless because they respect democracy, Na those who democracy benefit no respect am. The political class should tread softly. Even Trump, in the past, you would have expected all of us to say no but because of how the government has handled the matter, people don't even care about any resources, they want to gladly welcome foreign intervention because the people at the helm of affairs are no better. Again, politicians be very careful.

Oil dey your head 👍

ALTERNATEID:
Well said by the senior advocate. It’s good that very knowledgeable lawyers are coming out to quickly attack the ignorant views that a lot of people have shared on the matter.

One of my biggest shock yesterday was reading the opinion of Ferg.ie001 on the matter. I pointed out the exact sections of the constitution that the SAN referenced in this piece in my response to fergie but he quickly disappeared from the thread and failed to respond.

It’s just unfortunate that people can’t put aside their emotions when reacting to issues. How can military officers be deployed to obstruct FCT officials from carrying out their duties? How can soldiers be deployed to protect the personal construction site of a retired officer? How can a soldier block the Minister of FCT from accessing land vested in him by law?

You want my attention, now you will get it.

Listen and listen attentively, the powers of the C-in-C is not transferrable. Every Minister has administrative and policy control over his/her Ministry, but not operational control. Even the Vice President of Nigeria cannot order that soldier to stand down. Should I repeat myself?

When Jonathan was Acting President, he could not even fire the COAS because whilst you have policy control, the powers of the C-in-C is not transferrable, it vests only and only with the Commander-in-Chief. You can never have 2 C-in-Cs at any time. You dodged the thread where a CSP refused to obey Sanwo-Olu's order, I didn't see you there. You know why? He said he was under orders from the IGP.

Go and read the Armed Forces Act, only the CDS or CNS acting under the instruction of the President can order Lt. Yerima to stand down and they didn't.... You reason the matter yourself, how a CDS decided to ignore. This is because he will have to investigate a lot of things.

Even the Minister of Defence cannot order that soldier to stand down except from the orders of the President. We are talking about the operational control and command of the Army you are talking about a man who disgraced himself. Do you know how proud Lt Yerima's brass are proud of him? If Wike likes, he can go there a million times, he won't be allowed past that spot unless the President so orders ...any other question?

Sangoamadioha1:
Even from the video where the officer was schooling Wike you would know that a general is a general for life.
See an ignoramus telling someone he is ignorant. You dey fall your family hand with this your statement 😂😂😂

From the video? . Ignoramus.
When they was talking on the phone, were you there?. So the CDS asked him to keep disrespecting the minister?. ignorance is bliss.

ALTERNATEID:
Well said by the senior advocate. It’s good that very knowledgeable lawyers are coming out to quickly attack the ignorant views that a lot of people have shared on the matter.

One of my biggest shock yesterday was reading the opinion of Fergie001 on the matter. I pointed out the exact sections of the constitution that the SAN referenced in this piece in my response to fergie but he quickly disappeared from the thread and failed to respond.

It’s just unfortunate that people can’t put aside their emotions when reacting to issues. How can military officers be deployed to obstruct FCT officials from carrying out their duties? How can soldiers be deployed to protect the personal construction site of a retired officer? How can a soldier block the Minister of FCT from accessing land vested in him by law?

Did you watch the video?

The officer said the documents have been forwarded to FCDA authority and yet what was expected of the Minister is to say the documents are real or fake which can even be tested in a court

It's so appalling that legal service in Nigeria is now discussed like a beer parlor gist

There was no singular document on Wike's or any of his aides showing the land was illegal, no warrant or order to evacuate

Are we this daft in this country?

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.

It's so glaring you guys didn't watch that video, Wike gave the officer his phone telling him the CDS wants to speak with him

And nothing came out of it

AMINDA:
Stood in loco indeed. Not even the Vice president can command the Nigerian military unless if the president officially transfers powers to him to act in acting capacity. The Nigerian military will not take any punitive action against its officer for obeying orders. He will rather be promoted. Wike should enroll into the NDA and undergo the rigours if he's desperate to order military men around. Agbadorians fail to see that they are backing the wrong horse in trying to justify what Wike did yesterday.

Person wey see ham talk plenty jargons will think he knows what he's doing ooo🤣🤣

Is Wike the law, no order, no warrant, no documents showing that land was illegal and you are coming to enforce demolition

He thinks everyone na coward like the PDP fuils wey dem dey parade themselves

Section 218 of the 1999 constitution(as amended):

A Minister in Nigeria(Wike for instance) does not have the right to command a soldier.

Constitutional & Legal Basis Under Section 218 of the 1999 Constitution (as amended):

Exclusive Command Authority:
🚨The President, as Commander-in-Chief of the Armed Forces, has the sole power to determine the operational use of the armed forces and to appoint senior officers.
No Ministerial Command Over Soldiers:

The Minister of Defence (or any other minister) is a civilian political head of the ministry. Their role is policy formulation, administration, and oversight—not operational command.
Chain of Command:
Operational orders to soldiers flow only from the President Chief of Defence Staff Service Chiefs Commanders in the field.

A minister cannot issue direct orders to troops.

Hope you learn something

If the chief of defence staff could not order him to stand down,then all this is a waste of time.
That officer will be promoted for obeying orders.
The armed forces will not dare release him to be punished.

fergie001:
You want my attention, now you will get it.

Listen and listen attentively, the powers of the C-in-C is not transferrable. Every Minister has administrative and policy control over his/her Ministry, but not operational control. Even the Vice President of Nigeria cannot order that soldier to stand down. Should I repeat myself?

When Jonathan was Acting President, he could not even fire the COAS because whilst you have policy control, the powers of the C-in-C is not transferrable, it vests only and only with the Commander-in-Chief. You can never have 2 C-in-Cs at any time. You dodged the thread where a CSP refused to obey Sanwo-Olu's order, I didn't see you there. You know why? He said he was under orders from the IGP.

Go and read the Armed Forces Act, only the CDS or CNS acting under the instruction of the President can order Lt. Yerima to stand down and they didn't.... You reason the matter yourself, how a CDS decided to ignore. This is because he will have to investigate a lot of things.

Even the Minister of Defence cannot order that soldier to stand down except from the orders of the President. We are talking about the operational control and command of the Army you are talking about a man who disgraced himself. Do you know how proud Lt Yerima's brass are proud of him? If Wike likes, he can go there a million times, he won't be allowed past that spot unless the President so orders ...any other question?

I can see you clearly dodge the main issue of obstructing the FCT officials from carrying out their legal duties only to hammer on command and control. Pray tell, which section of the Armed Forces Act gives the former CNS the power to deploy soldiers to a construction site to obstruct government officials from carrying out their duties? Which law gives the military the power to deploy soldiers to fight over land matter?


Talking about obeying command, below is an extract of the judgement 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.”

A soldier cannot hide under the excuse of obeying orders to obey illegal orders. He will be held personally liable. Soldiers swear allegiance to the Constitution and not to any superior. In saner climes, Yerima, the former CNS and all the soldiers on that disgraceful mission would have been arrested by Police officers by now.

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

This is a solid piece, I love it

Putindbutt:
From the video? . Ignoramus.
When they was talking on the phone, were you there?. So the CDS asked him to keep disrespecting the minister?. ignorance is bliss.

Why did the CDS not tell the young naval officer to stand down
Why did Wike not gain access to the land even after reporting to the CDS
You don't have to be there to deduce these things.
Truly ignorance is bliss😂😂😂

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.

Watching the full video, you would have noticed when Wike ordered one of his policemen to arrest the soldier. Why did the policeman disobey and what's the fate of that policeman now? 😆

... Respect and fear na 2 different tings o..... Wike expected to be feared, where as what the officer showed him was respect... Wike being a civilian shud nva have shoutd and insulted a military officer in public calling him names...... Ah ah, cos of small political power...
Respect is reciprocal, i respect ur office, u respect my uniform.
Without the armed forces, ders no country for u to bcom a minister

For those blaming the officer fr obeying his former boss,,,, have u forgotten who had sim fubara removed frm office??
A former boss

ALTERNATEID:
I can see you clearly dodge the main issue of obstructing the FCT officials from carrying out their legal duties only to hammer on command and control. Pray tell, which section of the Armed Forces Act gives the former CNS the power to deploy soldiers to a construction site to obstruct government officials from carrying out their duties? Which law gives the military the power to deploy soldiers to fight over land matter?

So there are no soldiers attached to a former CNS after retirement?
His own house, he is building?
I am not a military officer, but you can't enter my house without a court order, that you want to come and view what? Did you keep anything there?
If the FCTA officials were denied entry, Wike can now walk up the chain of command or go to his boss or better still go to Court.

Gambo has a right to put soldiers in his site, if it is confirmed it is illegal, is it by taking the press and DSS officials to show power? Power pass power nah.

Talking about obeying command, below is an extract of the judgement 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.”

A soldier cannot hide under the excuse of obeying orders to obey illegal orders. He will be held personally liable. Soldiers swear allegiance to the Constitution and not to any superior. In saner climes, Yerima, the former CNS and all the soldiers on that disgraceful mission would have been arrested by Police officers by now.

You see the problem?
Who confirmed the land is illegal?
Did Wike come to that site with any document to show it is illegal?
Did he come with any Court order to show it is illegal?

You are saying it is illegal because Wike said so? A man notorious for land grabbing? The officer said the land belongs to Mr A, Wike said shut up, I am to tell you whether it is legal or not, is that reasonable? Absolutely not, no Court has found that land to be illegal, or is there any? Wike should save his tears and go to Court.

yarimo:
The officer and the former naval Chief are disgrace to Navy

Then wike is what?

That place was a construction site not a land

If this professor of law has been a victim of oppression or victim of house demolition carried out by government officials I wonder what he would say. It's easy to analyse the law when you have not been victimized before.

Nothing must happen to that young officer he really did well.

If anything happen to him we will drag Dedense HQ for years eyes go turn dem wallahi.

fergie001:
So there are no soldiers attached to a former CNS after retirement?
His own house, he is building?
I am not a military officer, but you can't enter my house without a court order, that you want to come and view what? Did you keep anything there?
If the FCTA officials were denied entry, Wike can now walk up the chain of command or go to his boss or better still go to Court.

Gambo has a right to put soldiers in his site, if it is confirmed it is illegal, is it by taking the press and DSS officials to show power? Power pass power nah.

You see the problem?
Who confirmed the land is illegal?
Did Wike come to that site with any document to show it is illegal?
Did he come with any Court order to show it is illegal?

You are saying it is illegal because Wike said so? A man notorious for land grabbing? The officer said the land belongs to Mr A, Wike said shut up, I am to tell you whether it is legal or not, is that reasonable? Absolutely not, no Court has found that land to be illegal, or is there any? Wike should save his tears and go to Court.

Are you not a lawyer? Does the governor of a state need a court order to revoke even the legally acquired property, much less one he seems illegally acquired? Which law are you relying on here, that says Wike needs a court order to take that land in the name of the State?

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.

Did you read the submission of the SAN, or are you a SAN too?

If you are, your opinion is not backed by any citation, as was the SAN.

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.

HAHAHA, how do you know that he is Biafra and an Obidient... meanwhile your gif cracked me up, Hahaha

Wetin Obi Apga Bianca Lp Ojukwu Obidients Azikiwe do you ooooooooo mucheche Hahaha 😂

ebukal67x:
Prof. Hon, you should know that the officer is a retired naval officer and not a serving one. That makes all your arguments moot.

Lie. The officer that obstructed Wike , ditto Tinubu is liable

Exactly

FCT was Wike’s own dept

It was not a Military Barrack’s

FreeStuffsNG:
https://punchng.com/naval-officer-in-face-off-with-wike-breached-the-law-san/

Correct!

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.

Legally speaking , the officer shouldn’t have resisted Wike as he is standing in for the President who is governor of FCT but we know how much Wike has profited from the anyhowness of Nigeria.Allocating lands worth billions of immediate family members, election rigging and judiciary bribing ! He is the biggest briber of Nigerian judges.This is why Nigerians are happy that he got a taste of his own medicine.Otherwise, the officer is wrong to have resisted Wike because the same officer will not resist the former drug Lord now President if he had come in person.The arrogant Rivers drunkard was standing in for Tilumbu so the officer should not have resisted him.I am an Obidient and passionately hate both Tilumbu and the Rivers drunkard but the thruth remains that the officer was wrong.

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.

So the officer goes with his oga to Zenith Bank where he has billions but because of an argument they refuse to serve him
His superior officer orders him to go behind the counter and take money . He must obey?
If he is ordered to participate in a coup he should obey?

Did you read before you reacted?

Read what the article said about obeying orders per what the Supreme Court said

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

Go and check the twitter page of the defence headquarters. The officer was well supported

According to the Senior Advocate of Nonsense

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.

Oya go arrest am na. You joke too much

Olu1000:
Legally speaking , the officer shouldn’t have resisted Wike as he is standing in for the President who is governor of FCT but we know how much Wike has profited from the anyhowness of Nigeria.Allocating lands worth billions of immediate family members, election rigging and judiciary bribing ! He is the biggest briber of Nigerian judges.This is why Nigerians are happy that he got a taste of his own medicine.Otherwise, the officer is wrong to have resisted Wike because the same officer will not resist the former drug Lord now President if he had come in person.The arrogant Rivers drunkard was standing in for Tilumbu so the officer should not have resisted him.I am an Obidient and passionately hate both Tilumbu and the Rivers drunkard but the thruth remains that the officer was wrong.

Well it is not just Wike
Even the people Wike sent before he came must be obeyed
People do not realise That the military actually have no authority in civilian space in a democracy.
They must obey LASTMA, FRSC etc
But the officer was insulting the police

People pretend they did not hear that insult

As long as there is no state of emergency his deployment is illegal even


In America you can join army at 18 but in many states you cannot buy alcohol under 21

I have seen a bouncer turn away a uniformed soldier because he was underage