By Simon Reef Musa
This week is shaping up to be one to be remembered for social media activists, as they got enough content to keep them busy in the coming weeks and months, following what some people refer to as a ‘show of power’ between the Minister of the Federal Capital Territory, Barr. Nyesom, and a naval officer, AM Yerima, over an illegally acquired parcel of land by a retired naval chief in Gaduwa. This Tuesday’s face-off has opened a floodgate of criticism against the FCT minister, whom many love to hate. The many political foes of the former Rivers helmsman are yet to forgive him for the role he played in the election of Senator Bola Ahmed Tinubu in the 2023 polls.
They are still lamenting over what they see as his omnibus manipulation in the weakening of the Peoples Democratic Party (PDP), now reduced to a powerless opposition ragdoll. No one in their sincere elements can deny the achievement profile of the minister, but his critics are finding it extremely difficult to stomach his capacity to stand up to bullies. It is that refusal to be intimidated that has made him an object of hate for his adversaries.
Obfuscated Discourse
The sad thing in the avoidable ‘show of shame,’ as some analysts refer to it, is the refusal by commentators to adhere to the crux of the matter. One fact is clear: now that the FCT has come up with the details regarding the land matter, the parcel of land in question was allocated to a company for the purpose of parks and recreation. The company had allocated several portions of the land to many people, and the retired naval staff was one of the buyers. Attempts to change the use of the land to commercial in 2022 were not approved by the then minister, and the construction commenced without approval from the relevant authorities.
It’s sad that a matter so simple has degenerated to this level. Those who have never seen anything good from Wike can’t simply allow the opportunity to unleash hard knocks on him. Even his critics acknowledge that it’s not in the character of the former Rivers governor to genuflect before bullies. After receiving reports that the naval chief was obstructing his men from performing their official duties through the deployment of military personnel, the minister decided to see things for himself. On Tuesday, the minister stormed the area to assess the disputatious parcel of land but was met with a garrison of military personnel.
Before now, the FCT demolition squad was protected by policemen to avoid attacks by property owners. It’s also on record that FCT officials who dared to visit Gaduwa to confirm approval for the construction on the unapproved land were manhandled. On arrival, his convoy was confronted with the deployment of troops in military top gear.
What happened there is now history, but those who have always accused Wike of brashness and of displaying too much power as FCT Minister were served the meal they had always wanted.
Discordant Reactions
The former Chief of Army Staff, General Tukur Yusuf Buratai (retd), has declared the face-off between Wike and the naval personnel as akin to a threat to national security. Buratai called on the minister to apologise to President Tinubu for causing an embarrassment to the office of the Commander-in-Chief. On Thursday, at the All Nigeria Editors’ Conference that took place in Abuja, Buratai got the backing of the former Chief of Defence Staff (CDS), General Lucky Irabor (retd), who attempted to portray Wike as having desecrated the military by confronting a naval officer in uniform. In both submissions, the military was portrayed as almost untouchable, as they are commissioned to obey the ‘order’. Who issues the order: the military or civilian leadership? There are speculations that the military generals are united in seeking the sack of the FCT Minister. These speculations still reside in the realm of conjecture, with many asking for a clear separation of what orders should come from democratic leaders or the military hierarchy.
In an attempt to give a legal analysis on the matter, a constitutional lawyer and author, Barr Sebastine Hon, a Senior Advocate of Nigeria (SAN), has condemned in total terms the action of Yerima, denying Wike access to the parcel of land under dispute under the guise of ‘obeying superior orders.’ Though the duty of a junior officer to obey the orders of his superiors is strongly upheld in military and paramilitary circles, the Supreme Court has spelt out its limitations in some instances. Citing the case of Onunze vs. State (2023) 8 NWLR (Pt. 1885) 61 at 108 SC, the Supreme Court in the land declared, 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.”
Defying Civil Authorities
Faulting the illegality of Yerima’s action, the lawyer insisted 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 a likelihood of arson or criminal trespass.”
As the Minister of the Federal Capital Territory, Wike’s mandates are clearly stipulated by Section 297(2) of the 1999 Constitution of Nigeria, as amended, along with other extant Acts of the National Assembly, which grant him the right to undertake land administration in his representative capacity for the President. Barrister Hon described the barring of the FCT Minister from accessing the land in dispute as “an affront to the civil authorities of the President.”
The minister’s style on Tuesday stands fated but within the confines of legality. We must never allow hatred for Wike to enable the enthronement of illegality in the system. Nigerians must not support or encourage military rebellion in any form.
This article was first published on FRIDAY LEADERSHIP