₦airaland Forum

I came across this piece and was so happy it resonates just what I'd thought and would kike to share because Nigeria belongs to us all and we MUST do whatever lawful it takes to salvage it.





*THE ULTIMATE - THE SUPREME COURT OF THE FEDERAL REPUBLIC OF NIGERIA!*

OFFICER YERIMA BREACHED THE LAW IN THAT FACEOFF WITH NYESOM WIKE

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

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.

This one is talking trash. Common sense is far from the author of this debris.

What this guy has just done, is like.... if that Boss of his had commanded him to shoot at Aso-rock, he wouldn't hesitate.
This is such a SHAMEFUL conduct which shows that he does not fit with that uniform.
He chosed tribalism over duty

Wealthyonos:
This one is talking trash. Common sense is far from the author of this debris.

You'll soon get to know. Your sentiments would teach you soon. You'll encounter them on the road and they'll teach you that they are above that law

Una still the cry over this thing?
Oya na, u ppl should go and punish him,,,

That soldier made a statement: " the engineers working on the site were being harassed by the police". Have we asked about the mission of those policemen on the site? Is it legal for policemen to randomly harass civilians workers that are paid to do there work? If truly they are working on the wrong site, are the police suppose to harass/arrest them or the person that sent them? In this situation, I don't think there is order, and that is where the soldiers came in. "To maintain some order on the site", because, if the police cant go to the owner of the land, then they must stop harassing the innocent engineers working for their daily bread.

2ndly, till this moment, I have not come across any news of specific claims or documents online or offline that proof that that land belongs to Wike personally or to the FG, in case where the FG has legally withdrawan the occupancy from the private owner. On that note, Wike remains a trespasser on that land, and that is illegal until proven otherwise.

People are supporting him because they hate WIKE, not knowing they are encouraging the military against the civilians

yarimo:
People are supporting him because they hate WIKE, not knowing they are encouraging the military against the civilians

It’s Wike that’s making a lot of People hate him… as he dey oppress everybody

Murketeer:
It’s Wike that’s making a lot of People hate him… as he dey oppress everybody

so that is why you are encouraging the military against the civilians

yarimo:
so that is why you are encouraging the military against the civilians

I am not encouraging anything… nothing concern me and Nigeria problem o…. I am just telling you why people hate him

Democracy allows free speech, the minister is not an emperor, but a public servant, the type of punishment you want is not possible under democracy...law and hierarchy is different from morality.

yarimo:
People are supporting him because they hate WIKE, not knowing they are encouraging the military against the civilians

Tell me what is wrong with the people hating Wike's bad behaviour public?

Stop supporting bad behaviour.

Una go discuss this issue forget about everything in the next five days. The country will continue functioning.

MetaMatrix:
You'll soon get to know. Your sentiments would teach you soon. You'll encounter them on the road and they'll teach you that they are above that law

You to will soon get to know. After Wike sipping his 40 years old wine will say young man, you see that your land (assuming you have any) or that your father's house, we are bulldozing everything in it and taking it back without following due process. Which you'll inturn respond with no problems sir God bless you, may you live long sir.

If Wike doesn't feel he is above the law what stopped him from following due process? What is the duty of the courts? Does being an FCT minister give you the power to revoke people's land without due process?

Wike was lucky that Yerima is a well trained, well mannered naval officer. If that confrontation was with a rouge military man, there would have been some bullets exchange, and Wike would have collected wotowoto.

MetaMatrix:
What this guy has just done, is like.... if that Boss of his had commanded him to shoot at Aso-rock, he wouldn't hesitate.
This is such a SHAMEFUL conduct which shows that he does not fit with that uniform.
He chosed tribalism over duty

Wu bi diz

MetaMatrix:
What this guy has just done, is like.... if that Boss of his had commanded him to shoot at Aso-rock, he wouldn't hesitate.
This is such a SHAMEFUL conduct which shows that he does not fit with that uniform.
He chosed tribalism over duty

He won't because that will be against the Military Law. Military operate on a command structure.
The guy is the CSO of the 3star General. He has responsibility to protect both the life and Properties of his Boss. His Boss told him this property is legitimately his, he believes his boss and secures the place simple, perfect order