BETWEEN THE MINISTER AND NAVAL OFFICER

Even if Wike’s language is inexcusable, the military should not act as law unto themselves

The recent confrontation between the Federal Capital Territory (FCT) Minister, Nyesom Wike and a naval officer, Lt Commander A.M. Yerima has once again exposed the delicate nature of civil-military relations in the country. According to the reports, captured on a viral video which has been watched by millions of Nigerians, Yerima was leading some military personnel on guard at a property which allegedly belongs to a former Chief of Naval Staff, Vice Admiral AZ Gambo (rtd) when the altercation occurred. The young officer prevented Wike and his retinue of aides from gaining access into the property on the grounds that he was acting on a superior order. The matter escalated to a test of will with Wike raining invectives on the young officer who maintained a calm composure throughout the fracas.  

The Minister crossed the line when he called the officer a “fool”. This kind of language is unacceptable from a public servant who has an obligation to reflect decency in his conduct. Besides, the most basic concept of the nation state and national sovereignty is the willful surrender of our individual and communal rights to a sovereign who must protect us all. A soldier therefore embodies the state’s authority and values. To the extent that a professional military relies on respect and trust, which could be eroded by public ridicule, we urge our politicians to maintain decorum, even when there is a disagreement on specific actions or policies. On no account must we condone ministers acting without restraint as Wike demonstrated in the video making the rounds on social media.

However, there are also other issues that we should not gloss over. From the angle of law, Wike, as the FCT Minister, has the powers on land administration delegated to him by the President as stipulated in Section 297(2) and Section 302 of the Constitution of the Federal Republic of Nigeria. Therefore, the action of the young officer can be construed as an obstruction of the Minister from carrying out legitimate duties as delegated to him. But Wike erred by attempting physical intimidation with mobile policemen and engaging in a public confrontation rather than exploring other avenues. The minister needs to learn the fundamental lesson that process, not presence, is a better way in carrying out his duties. 

 For the avoidance of doubt, we do not believe it is right for military officers, serving or retired, to carry on as if they are a law to themselves. If the former Chief of Naval Staff thinks he has a case which he may well have, he should have taken it up with the appropriate authorities or in the courts. Resorting to the deployment of soldiers to block FCT officials and the minister from access to the land because they are carrying guns bought with public resources amounts to self-help. 

Both the recklessness of public officials who believe in the muscular execution of their brief and the impunity of military officers who engage in self-help must be discouraged in the interest of our democracy and the rule of law. As Femi Falana, SAN, has quite rightly submitted, both the minister and the retired naval chief who drafted soldiers to guard his personal property were wrong. Notably, the Supreme Court had decided in Onunze vs State (2023) and Nigeria Air Force vs James (2002), that military personnel are under no obligation to obey illegal orders. Therefore, this is a good time for the Armed Forces to clarify and enforce relevant rules guiding the relationship between retired senior personnel and the various services.

It is our hope that the ongoing investigation into the regrettable incident will not only clarify the facts but also provide an opportunity for President Bola Tinubu to take the necessary actions.