₦airaland Forum

The Nigerian senate has raised a bill to make the Armed forces (Army, Navy and Airforce) subject to civil rule and subject to every democratically appointed and elected officials like the, Governors and Ministers.

They want the senate to amend the Military law that give them that power to say, a military man is only answerable to his superior or the President only.

Like in the case of Wike and Yerima.

Yerima as a soldier must be subject to directives from a minister and should not be able to disobey the order of minister.
Cos we are not in the Military Era again

This is democracy and soldier must be subject and answerable to democratic rule and Government officials

Wow
Fingers are crossed

Let us see how far they can go with this BILL

Well, the law is above all

Once the Bill is passed, the Military will have no option than to obey the law

Ignorance of the law is no excuse


Copied

A step in the right direction ... A notable move from the jungle mentality highlighted by the conduct of that officer towards wike, this is long over due, military has no reason to be in uniform in civil society intimidating civilians, seizing /stealing boots and apparel and calling them bloody. Overdue decades ago.

The Armed forces has always been subject to civil rule. But that civil order must come from the president, not a minister, senator or state governors.

Those illiterates in the hallowed chamber should go study the meaning of armed forces subjecting to civil rule.

They will rant, kick and funny enough have their way

MOD is this not fake news

All the they think about is how to make it favor them people are been killed here and there everyday in this now a disgrace country but dy don't care to pass a bill protecting the people

zeuss:
A step in the right direction ... A notable move from the jungle mentality highlighted by the conduct of that officer towards wike, this is long over due, military has no reason to be in uniform in civil society intimidating civilians, seizing /stealing boots and apparel and calling them bloody. Overdue years ago.

But they have a right to be used against opposition during elections right?

Op, your report has no specifics, no name, no date.

Did you fish it out from where the sun don't shine?

Once e touch them, they will act so fast to correct it and make sure it doesn't repeat itself.

This is wonderful from our legislators. After the Wike and Yerima saga, what immediately came to my mind was a need for our legislative arm to move and remove grey areas that leaves doubt in the mind of the Nigerian public over the role of the Army and the sacrosanct needs to prevent them overstepping their jurisdiction in civilian rule under an elective democracy.

They have now responded swiftly confirming, once again, our legislative arm under Tinubu is one of the most responsive and problem-solving since 1999.

The Senate and HOR under Tinubu, though many Nigerians are unaware of it, have sponsored and passed many bills into law that directly addresses the problems of Nigeria and Nigerians.

Credit to President Tinubu also who never talks to heat up the polity over contentious issues, like the Wike v Yerima saga, and instead prefers to move silently and purposefully to deliver permanent solutions.

Those who know the armed forces of civilised nations, from experience, understand how dangerous it is to not curb the mentality of the Nigerian Armed forces with members that believe they must only defer to the authority of their military superior and not the constitutionally superior and officially mandated powers of civilian administrator like Governors and Ministers.

The Wike V Yerima saga reminds of how another member of the Nigerian armed forces confronted Governor Sanwo Olu, after breaking Lagos traffic law, insisting he is a "Soldier".

I watched that video, in total shock and disgust, showing a member of the army confronting Governor Sanwo Olu disrespectfully after the Governor's convey stopped him for flouting the law by riding a bike against traffic lawlessly.

His talk and body language indicated his belief he is above the admonition of Sanwo Olu, who is the chief security officer of Lagos, and should be above law all others are subject to because he is a soldier.

Same way the unprofessional and foolish Yerima, as Wike admonished him, showed disrespect to the policeman attached to Wike by saying "soldier is talking and police too is talking" in belief he is superior to a member of the NPF because that is their trained mindset.

Shocking all those supporting Yerima did not note that disrespect against a Policeman who is a member of our armed forced ,with the constitutional authority to enforce law and order, by a navy rating whose duty is to protect the territorial integrity of Nigeria.

This is why army regularly invade police stations all the time to beat up and kill policeman they believe they are superior to, with Nigerians cheering their actions because they hate men if the NPF, whereas that view is never constitutionally correct in any nation of the world.

Truly disgusting. Nigerians supporting Yerima cannot see the bigger picture and the future danger, against themselves, they are encouraging. They should go and see how professional the armed forces of Ghana, for example, is let alone those of developed nation like the UK.

Just as Nigerians foolishly supported Yerima against Wike so too many, especially our unprofessional members of the armed forces, scolded Sanwo Olu for "disgracing" a soldier as if soldiers are now above the law. Nigerians are a danger to themselves.

Let the bill be passed into law quickly by those who still remain responsible and mature Nigerians who see the bigger picture and what is in the greater interest of society. The Nigerian Army should be barracked more and less visible as is case in Nations with professional Army. It is the police we need to see in more number handling issues law and order plus prevention/arrest of crime on the Streets of society.

It is apt Sanwo Olu scolds the lady using an Okada rising against traffic, towards the end of the video below, over how Nigerians will blame leaders for their problems and insist they want a better country yet they cannot be law abiding.


https://www.youtube.com/watch?v=iGOGn8wnjNQ?si=yDA97ew9YhwKDksU

This is how to address this

Way to go

They should ensure the write caveats are in place and leverage best practices from other developed nations

That said Wike is the best Minister the FCT has ever had .Fact.

Richtaiwo:
The Armed forces has always been subject to civil rule. But that civil order must come from the president, not a minister, senator or state governors.

Those illiterates in the hallowed chamber should go study the meaning of armed forces subjecting to civil rule.

Understand what is going on and stop insulting our legislators, some of who are extremely well-read and distinguished people,perhaps because you are toxically prejudiced against them.

There is nothing wrong clarifying legally, with a bill passed into law, that no member of the armed forces should prevent a government official from doing their constitutionally mandated duty.

The members of the Nigerian public and armed forces seem to be confused over the matter. Why not clarify it definitively and legally so the Wike V Yerima saga never plays out again?

If this law was in place would Yerima not immediately move out of the way to allow Wike do his job while Nigerians, even grudgingly, would also accept the law allows the Minister of the FCT access to the premises Yerima is guarding rather than misguidedly back Yerima who is in the wrong?

I don't see why you are insultive against a development that delivers solutions and will make Nigeria work better plus improve the professionalism of our armed forces men and women with the bonus of improving the knowledge of Nigerians per roles of our armed forces they must not overzealously overstep. Win win for all.

WizardOfNG:
Understand what is going on and stop insulting our legislators, some of who are extremely well-read and distinguished people,perhaps because you are toxically prejudiced against them.

There is nothing wrong clarifying legally, with a bill passed into law, that no member of the armed forces should prevent a government official from doing their constitutionally mandated duty.

The members of the Nigerian public and armed forces seem to be confused over the matter. Why not clarify it definitively and legally so the Wike V Yerima saga never plays out again?

If this law was in place would Yerima not immediately move out of the way to allow Wike do his job while Nigerians, even grudgingly, would also accept the law allows the Minister of the FCT access to the premises Yerima is guarding rather than misguidedly back Yerima who is in the wrong?

I don't see why you are insultive against a development that delivers solutions and will make Nigeria work better plus improve the professionalism of our armed forces men and women with the bonus of improving the knowledge of Nigerians per roles of our armed forces they must not overzealously overstep. Win win for all.

The Armed Forces of any nation, without exception, are subject to civil authority. However, this does not imply that every passer-by or minor official possesses the prerogative to issue directives to them. The only civilian public officer constitutionally empowered to do so is the President.

As to whether the relevant law remains in effect, the answer is unequivocal: yes, it is fully operative. No minister has the authority to countermand an order issued by a superior officer of the Armed Forces. Should a minister have concerns regarding the conduct of any military personnel, the proper and lawful channel available to him is to seek the attention of the President.

phineas:
This is how to address this

Way to go

They should ensure the write caveats are in place and leverage best practices from other developed nations.

That said Wike is the best Minister the FCT has ever had .Fact.

💯% correct talk. Especially your talk, showing you appreciate the big picture, recognising that this action from our legislators moves Nigeria closer to "best practices from other developed nations".

My greatest anger over the Wike V Yerima development, that made me silent for days, is the fact I have direct knowledge of how far more professional the armed forces of others are globally.

It was depressing seeing so many Nigerians rushing to misguidedly support the ignorant madness of Yerima, because of hatred for Wike, simply meaning they lack the critical thinking to understand they are endangering themselves supporting an armed forces full of members like Yerima more fundamentally loyal to superior officers than the constitution of Nigerian and societal rule of law everyone is bound over by.

Officers like Yerima can go rogue if commanded to do so by superior officers. The disgraceful situation we saw would never play out in even a civilised nation of the world with professional, well-educated and well-trained members of the armed forces. Not even one.

This makes Nigeria, full of ignorant ordinary Nigerians, a danger to itself if she does not quickly put reforms in place as soon as disgraceful episodes, such as the face of between Wike and Yerima, occurs. Wike can only stand indicted of insulting Yerima.

Yerima, far more seriously, failed to defer to the authority and order of PBAT who, as Commander-in-Chief of the Nigerian armed forces, is the boss of whoever put Yerima on maigaurd duty.

The paranoia continues. Is it that the changing of the service chiefs is not working? Why not just scrap the military if he's this scared? Even the U.S military tries their officers and men through a specialised court-martial, just like in Nigeria. Goodluck sending the police to arrest a Major General. Leaders should not be seen to be this agitated and concerned only when they feel personally threatened.

This law won't fly if it's eventually passed, though i doubt the authenticity of the news,

No military personnel will disobey the other of his superior just to obey the counter order of a civilian who's not the commander-in-chief.

Richtaiwo:
The Armed Forces of any nation, without exception, are subject to civil authority. However, this does not imply that every passer-by or minor official possesses the prerogative to issue directives to them. The only civilian public officer constitutionally empowered to do so is the President.

As to whether the relevant law remains in effect, the answer is unequivocal: yes, it is fully operative. No minister has the authority to countermand an order issued by a superior officer of the Armed Forces. Should a minister have concerns regarding the conduct of any military personnel, the proper and lawful channel available to him is to seek the attention of the President.

Baba, fi yen le. You are outright wrong and this is what I dislike about how the average Nigerians is so sentimental and opinionated to the extent he/she cannot defer to officially verified fact and would rather double down in defence of his wrong assumption.

You are not a lawyer. Developed nations got to where they are with adults being responsible enough to know every adult member of society must defer to the position of the law regardless of personal sentiment, prejudices and opinions.

Not like Nigeria where we create personalised, ignorant and wrong interpretation of the law because of prejudices and biases against individuals, polirical Parties, ethnic groups etc.

What most Nigerians do not have in comparisonto others, regrettably, is the adult maturity to defer, without any dissent whatsoever, to the supreme position of the law.


The law is clear on the wrongdoing of Yerima. If you want Nigeria to become a better nation, working with best global practices always, that tends to move nations forward, then read and accept what is shown below as the end of the matter.

The article below cites specific legal provisions that Femi Falana and other legal experts have also directly waded in to clarify is indictment Yerima was wrong in the eyes of the law and unprofessional/ignorant to boot.

https://businessday.ng/features/article/when-two-authorities-squabble-breaking-down-the-legality-of-the-wike-yerima-clash/

The legal background

Land

Land administration in Nigeria is primarily governed by the Land Use Act. Section 1 of the Act vests all land in each state in the Governor, to be held in trust for the people, except land vested in the Federal Government or its agencies. In the case of the Federal Capital Territory (FCT), these powers are exercisable by the President of the Federal Republic of Nigeria.

Also, sections 297(2) and 302 of the 1999 Constitution place all FCT land in the hands of the President. The President has delegated day-to-day management to the FCT Minister. In law, therefore, Wike speaks with the President’s voice on land matters.


Soldiers

Sections 23–26 of the Armed Forces Act provide that every commissioned officer derives authority from the President through the service chiefs. An officer who disobeys a lawful command can be charged with insubordination or mutiny. Equally, section 114 of the same Act makes it a civil offence to “obstruct a public officer in the execution of his duty.” A soldier who exceeds his orders enjoys no automatic immunity.


The Constitution

Section 1(3) states that any act inconsistent with the Constitution is void. The Supreme Court has held (Onunze v. State (2023); Nigerian Air Force v. James (2002)) that obedience to superior orders is not a defence if the order is “palpably illegal or manifestly unjust.”

What each side argues

Wike’s position

– The minister is the President’s statutory delegate on land. Obstructing him is obstructing the President, the constitutional Commander-in-Chief.

Yerima therefore risked liability under section 114 of the Armed Forces Act and could also be prosecuted in the Federal High Court for obstructing a public officer.

Civil rule should also be sanitized. Too many shady, unpatriotic characters calling themselves civilian leaders.

They should raise a bill for that too.

Goldensword:
This law won't fly if it's eventually passed, though i doubt the authenticity of the news,

No military personnel will disobey the other of his superior just to obey the counter order of a civilian who's not the commander-in-chief.

What manner of ignorance is this for god sake? You know more than Femi Falana and many legal experts who all unitedly confirm Yerima is wrong to deny Wike access to do his presidentially mandated duty?

Yerima is ignorant, as are you, and wrong to defy Wike. That is the position of the law regardless of any personal sentiments or prejudice that makes you believe and argue otherwise. Fullstop.

Please educate yourself same way some of us welcome the passage into law of this bill we hope will educate ignorant members of our armed forces like Yerima, and even ordinary Nigerians, since it appears the pervasive ignorance shaping the public utterances of most Nigerians is now a very serious problem for our nation.


https://businessday.ng/features/article/when-two-authorities-squabble-breaking-down-the-legality-of-the-wike-yerima-clash/

The legal background

Land

Land administration in Nigeria is primarily governed by the Land Use Act. Section 1 of the Act vests all land in each state in the Governor, to be held in trust for the people, except land vested in the Federal Government or its agencies. In the case of the Federal Capital Territory (FCT), these powers are exercisable by the President of the Federal Republic of Nigeria.

Also, sections 297(2) and 302 of the 1999 Constitution place all FCT land in the hands of the President. The President has delegated day-to-day management to the FCT Minister. In law, therefore, Wike speaks with the President’s voice on land matters.

DelilahMakinde:
Civil rule should also be sanitized. Too many shady, unpatriotic characters calling themselves civilian leaders.

They should raise a bill for that too.

I can agree with the bolded, backed by focus on specific areas, in the spirit of sanitising the public administration of Nigerian ociety.

Please enlighten some of us that have not travelled out this country before.. Can an American General (retired or serving) deploy soldiers to protect his private property?

kokoA:
Please enlighten some of us that have not travelled out this country before.. Can an American General (retired or serving) deploy soldiers to protect his private property?

yes... it is like that in everywhere. They are assigned military guards nd they can give orders to those guards on where to guard.

To give orders in barrack, they will need to contact the GOC to approve the orders

kokoA:
Please enlighten some of us that have not travelled out this country before.. Can an American General (retired or serving) deploy soldiers to protect his private property?

Of course not, instant court martial for the officers found doing that.

You see what the military are doing are just mimicking to impunity they see in the civilian government.

It's a case of 'see finish'

Examine the news headlines of the last 2 weeks.

There's a lot of unseen tension right now btw armed forces and civilian govt.

kokoA:
Please enlighten some of us that have not travelled out this country before.. Can an American General (retired or serving) deploy soldiers to protect his private property?

Great question to ask Nigerians who will say they want a nation as developed as the USA, UK, France etal yet they support and endorse retrogressive practices those nations shed perhaps even as far back as a hundred years ago.

We have no shame that many adults in Nigeria, because of hatred of Wike, are backing abuse of power by our armed forces plus condemnable unprofessionalism and ignorance of this Yerima many soldiers worldwide will use to conclude the Nigerian armed forces is a horrid joke.

We are merely showing the world how ignorant and backwards we are. Next minute we will begin crying if Ghanaians or Kenyans mock us that our armed forces personnel are glorified maiguard posted outside the private and empty plots of land of their retired bosses who should have no official power to deploy them in that capacity anyway.

Retired CDS is lawless. An abuser of his former office and power + Junior officially blindly and ignorantly following illegal order like an unthinking robot = unprofessional armed forces, from top to bottom, Nigerians should be condemning if they truly understand what is best for them regardless of deep hatred for Wike.

The legislative arm should not stop here. Efforts should ne made to create a baracks-based Armed forces that is not seen publicly unless needed for issues concerning the territorial integrity of Nigeria as is the case with many professional armed forces of serious nations wordlwide.

What is needed is a considerable increment in well-trained and well-rewarded police officers to combat crime . Members of our armed forces should be forced to know their places and respect boundaries as all their professional compatriots worldwide automatically do.

WizardOfNG:
Baba, fi yen le. You are outright wrong and this is what I dislike about how the average Nigerians is so sentimental and opinionated to the extent he/she cannot defer to officially verified fact and would rather double down in defence of his wrong assumption.

You are not a lawyer. Developed nations got to where they are with adults being responsible enough to know every adult member of society must defer to the position of the law regardless of personal sentiment, prejudices and opinions.

Not like Nigeria where we create personalised, ignorant and wrong interpretation of the law because of prejudices and biases against individuals, polirical Parties, ethnic groups etc.

What most Nigerians do not have in comparisonto others, regrettably, is the adult maturity to defer, without any dissent whatsoever, to the supreme position of the law.


The law is clear on the wrongdoing of Yerima. If you want Nigeria to become a better nation, working with best global practices always, that tends to move nations forward, then read and accept what is shown below as the end of the matter.

The article below cites specific legal provisions that Femi Falana and other legal experts have also directly waded in to clarify is indictment Yerima was wrong in the eyes of the law and unprofessional/ignorant to boot.

https://businessday.ng/features/article/when-two-authorities-squabble-breaking-down-the-legality-of-the-wike-yerima-clash/

What exactly are you saying, and not saying? What is the purpose of all these endless explanations?

A soldier was instructed by his superior to secure a property on that officer’s behalf. If the minister arrived and found the soldiers there, he had absolutely no authority to address them in a commanding manner or to issue any form of directive. That is entirely improper.

The proper course of action is for him to pursue the matter through the appropriate legal and administrative channels, not to attempt issuing orders in the field. Any such orders from him would be null and void, as he does not possess the power to give them.

And where, exactly, did I say the military was right to obstruct him? Nowhere. The correct procedure is for him to take the issue back to the relevant military authorities, who can then summon and correct the personnel involved. But attempting to command the soldiers directly will naturally lead to disregard, because he simply does not have the authority to issue such orders.

adamkkk:
yes... it is like that in everywhere. They are assigned military guards nd they can give orders to those guards on where to guard.

To give orders in barrack, they will need to contact the GOC to approve the orders

This is a blatant and ignorant lie. If an Army General in the UK tells his junior officer to enter the premises of a civilian and retrieve a motor bike stolen from his son, as will and does happen in Nigeria, The junior officer will simply say "Sir, this is a matter for the polices with all due respect ".

This garbage some of you are pushing that junior members of the armed forces are obligated to obey all orders of their superior, especially if illegal, shows you are not exposed, informed or even law abiding.

There is even court rulings (see the section in bold red font below) in Nigeria that proves you are blatantly wrong, ignorant, misinformed and perhaps a fan boy of the unprofessional actions of the Nigerian armed forces every Nigerian is duty-bound to condemn if we want a highly professional and diligent armed forces we can be proud of.


https://businessday.ng/features/article/when-two-authorities-squabble-breaking-down-the-legality-of-the-wike-yerima-clash/

Soldiers

Sections 23–26 of the Armed Forces Act provide that every commissioned officer derives authority from the President through the service chiefs. An officer who disobeys a lawful command can be charged with insubordination or mutiny. Equally, section 114 of the same Act makes it a civil offence to “obstruct a public officer in the execution of his duty.” A soldier who exceeds his orders enjoys no automatic immunity.


The Constitution

Section 1(3) states that any act inconsistent with the Constitution is void. The Supreme Court has held (Onunze v. State (2023); Nigerian Air Force v. James (2002)) that obedience to superior orders is not a defence if the order is “palpably illegal or manifestly unjust.”

Richtaiwo:
The Armed Forces of any nation, without exception, are subject to civil authority. However, this does not imply that every passer-by or minor official possesses the prerogative to issue directives to them. The only civilian public officer constitutionally empowered to do so is the President.

As to whether the relevant law remains in effect, the answer is unequivocal: yes, it is fully operative. No minister has the authority to countermand an order issued by a superior officer of the Armed Forces. Should a minister have concerns regarding the conduct of any military personnel, the proper and lawful channel available to him is to seek the attention of the President.

What you are saying has no legal basis. The rule obey the last order or only answerable to the president is in respect to their operations, if you go out of your way to do anything against civil law, you are to be stopped, removed or arrested, depending on the situation, then reported to your employer so thee uniform can be taken off you, before a criminal case can be instituted against you.
If you have a case with an individual, the court will hear the case without anyone reporting to your employer, and judgement delivered and enforced.
Police have arrested soldiers on multiple occasions for criminal act, and they prosecute them, without calling the president nor military command.
You don't assume the person is a legit officer, you prevent his actions first, then verify with his so called employer, if the case is criminal in nature, you submit him to them to dekit him,

Richtaiwo:
The Armed Forces of any nation, without exception, are subject to civil authority. However, this does not imply that every passer-by or minor official possesses the prerogative to issue directives to them. The only civilian public officer constitutionally empowered to do so is the President.

As to whether the relevant law remains in effect, the answer is unequivocal: yes, it is fully operative. No minister has the authority to countermand an order[b] issued by a superior officer of the Armed Forces. Should a minister have concerns regarding the conduct of any military personnel, the proper and lawful channel available to him is to seek the attention of the President.[/b]

Ministers are appointed by the president to help him manage the country.
No serving officer for example can defy the order given by the US secretary of defense because he is deemed to be acting on behalf of the government. Same way Wike was acting on behalf of the government. You can only go to court to stop him, any other way is illegal.

WizardOfNG:
This is a blatant and ignorant lie. If an Army General in the UK tells his junior officer to enter the premises of a civilian and retrieve a motor bike stolen from his son, as will and does haplen in Nigeria, The junior officer will simply say "Sir, this is a matter for the polices with all due respect ".

This garbage some of you are pushing that junior members of the armed forces are obligated to obey all orders of their superior, especially if illegal, shows you are not exposed, informed or wvwn law abiding.

There is even court rulings (see the section in bold red font below) in Nigeria that proves you are blatantly wrong, ignorant, misinformed and perhaps a fan boy of the unprofessional actions od the Nigerian armed forces every Nigerian is duty-bound to condemn if we want a highly professional and diligent armed forces we can be proud of.


https://businessday.ng/features/article/when-two-authorities-squabble-breaking-down-the-legality-of-the-wike-yerima-clash/

Exactly, my little knowledge of law is that, an order must be legal for it to be valid.
Go shoot the president is an order, but it's definitely a not legal.
The recent coup rumour, some of the participants were not part of the planners, but we're co opted in through an order, were they absolve of the result, no, because the order is illegal

I think the political class doesn't seem to know when to stop pushing their luck.
The military has over the last 2 decades been watching with perhaps irritation the excesses of our politicians.
The recent events of youth restiveness across the third world, the rumoured botched coup and now the attempt to denigrate the military with the Wike/Yerima debacle are just pointers to possible aftermath. Most annoying is the loss of lives of men of the military in the fight against insurgency while the fat cats continue to cream off our common patrimony.
Now they want to subject the khaki boys to humiliation by law.
.. in Bob Marley's words, "there's a natural mystic flowing through the air"!

Fake news.