₦airaland Forum

mascot87:
Don't mind those clowns supporting nonsense because they hate Wike. So if a senior ranking officer gives an order to kpai there agalu fraud tomorrow and the order was well executed, hope they will support the executioner as only following orders.

I don't like Wike. But he's right on this one. I'm surprised that the brains of majority of Nigerians cannot process this simple matter. No wonder we are underdeveloped.

Yerima should be court martialled

Wike rubbished himself by exchanging words but that is COMPLETELY DIFFERENT

aribisala0:
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

Try get sense nah. Is this coup He is bound to obey a legitimate order by his superior.
The SAN dey talk him own. I, too, dey talk my own. Deal with it😏

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?

First of you mustn't be biased which but you are already.
Wike brought himself low for calling a uniformed officer a fool
Mind you the president will never call an officer a fool and an officer have absolute respect to the c in c
If the officer was wrong, he would have been ordered to back down when Wike called the CDS ,instead it was Wike that was told to back down b4 he left.
Wike overstep his boundary
The officer was very composed and cared professional when wike was throwing tantrum.

mascot87:
Don't mind those clowns supporting nonsense because they hate Wike. So if a senior ranking officer gives an order to kpai there agalu fraud tomorrow and the order was well executed, hope they will support the executioner as only following orders.

Lol 🤣🤣🤣 una don start.

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.

Mr Data boy

Wike has no business with the young officer
His business is with the superior who gave him orders and if that order isn't followed to the book he will be court Martialed, so if you were the young military officer whose order will u follow .... civilian order or military order?

The people who gave you data should have tendered there resignation letter by now for call that young officer following orders a "FOOL".

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?

I still don't understand how Nigerians think. The officer and the commanding officer and commanding officer are clearly on the wrong.

Give this prof election to conduct he will rig it

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?

You are not totally correct. This is a civil matter. A court order from the federal high court will send those soldiers off that land. A lot of Nigerians still have been disoriented with basic civil law due to long years of military rule. Military order only ends in designated military zones and military matters. This is a civil matter between a retired officer ( now a civilian) and an agent of govt. The military has no business here

Iagos:
I still don't understand how Nigerians think. The officer and the commanding officer and commanding officer are clearly on the wrong.

which kind English be this ... 🤣🤣🤣🤣

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

I pity those that are celebrating this aberration because it involved Wike they hate so much.

You people overate things o, his a human being, not a god

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.

guy go hug transformer

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.

Rubbish, you go and suspend or court matial him naa.., ohh it is now you know there is rule of law right, when wike has done and undone, disobeyed court orders, openly rigged elections, trampled on citizens right you did not have the hard-on for rule of law as you are having now. Oga face your keyboard worrior work, your dashing out imaginary "free things", remove your mouth from what passes your pay grade.

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

/
Did the President send Wike there in official capacity to represent him or was Wike there as the Minister of FCT? Where did loco parentis come into play? The SAN should not come near a normal and regulated law court with this ignorant argument. The only Commander-in-Chief is the President and that authority is not transferable to appointed lackeys.

/

Nigerian SANs hmmmmm

Oga, read what you wrote! You want to turn kogic on its head!

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.

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

I didn't need to read this to know the county is finished.

I don't like Wike.

But everyone is emotional including the diminutive Rufai Useni who should know better.

Same way we support tribal politics just because it's your tribes men , it's same way they are supporting this undisciplined military officer who is a threat to democracy and constitutionality.

The amount of ignorance in Nigeria needs divine intervention

9

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.

Like Sanwo-olu ordered the military men to kill people in lekki toll gate right?
Just be in good book of Nigerians,they will defend you with stupidity

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.

Being retired makes the case worse before the law. A retired officer is a civilian so why are you using the military to stop a minister of the FR from carrying out a lawful assignment?

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.

it is a shame that a big platform like Nairaland has a vast majority supporting the military man who by his very own rule is at fault.

Nigeria my country, who do us like this?

Sangoamadioha1:
Try get sense nah. Is this coup He is bound to obey a legitimate order by his superior.
The SAN dey talk him own. I, too, dey talk my own. Deal with it😏

Tellurmaamamakeshetrygetsense
Define legitimate.

A soldier has taken an oath to protect the country from foreign and domestic threats. Everyone knows that Wike is a DOMESTIC threat. That officer really did his job.

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 😂😂😂

Kindly quote the law that states that a General is a General for life


As a lawyer, I would like to tap from your knowledge

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)

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

Ex-CNS Scammed, Disputed Land Wasn't Approved For Residential Use - Wike's Aide

https://www.youtube.com/watch?v=f0hK7gMvjsM

Mr lawyer Barrister is giving us what the constitution says. The same constitution politicians swore to uphold and not to steal government money before taken up offices only to breach it by stealing and embezzling the people's treasury. The same constitution some judges breach, instead of justice, upturn justice at some instances? Please, keep your constitution.

Sangoamadioha1:
The naval officer was acting under instructions. Wike should have taken up the issue with the naval officer's boss and not resort to insulting the young officer.
As wike was carrying out his duty so also the young officer was also carrying out his own instructions.
Wike should be dealing with the young man's boss but him, having some misplaced delusions of grandeur, felt he can bully the young officer. No NDA graduate will succumb to such bullying tactics.
Wike is under the authority of the president just as the naval officer is under the authority of the C-in C. The young officer is not under Wike's authority.
Notice how the DSS and the policemen (with the exception of one over zealous policeman) did not attempt to wade into the matter because they know the young man was acting under instructions of his superior officer.

The officer acting under the authority of the C-in-C while protecting a private property of his boss?

SmartyPants:
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?

So people who go to Court against a Governor for trying to grab their land, their head is not correct?
That they do it without obeying the law doesn't make it right.