According to BBC NEWS BBC NEWS SOURCE
Nyesom Wike video wit Naval officer - Who dey right or wrong and wetin law tok, minister react
- Annette Arotiba
Di Minister of Defence, Mohammed Badaru, say di ministry dey investigate di confrontation between di Minister of di Federal Capital Territory, Nyesom Wike, and one naval officer, A. M. Yerima, ova one disputed piece of land for Abuja.
During one press briefing on Wednesday, 12 November to commence activities for di 2026 Armed Forces Remembrance Day for di National Defence College, Abuja, Oga Badaru tok say di Armed Forces no go abandon any personnel wey dey carry out lawful duties.
E give dis informate afta one kwanta wey happun between di Federal Capital Territory Minister Nyesom Wike and one naval military officer AM Yerima on Tuesday, 11 November, wey still be strong talking point for Nigeria.
Oga Badaru say, "Well, for di ministry, and indeed di Armed Forces, we go always protect our officers on lawful duty.
"We dey look into dis issue, and we assure all say any officer on lawful duty go dey highly protected. We no go allow anything to happun to amso long as dey do im job, and e do im job very well."
On Tuesday, one video wey bin go viral on social media, show as di FCT minister and one young military officer bin dey exchange words ova one land wey belong to one former Chief of Naval Staff, Vice Admiral Awwal Gambo.
Di property, wey dey located on Plot 1946, bicom di subject of argument afta Wike bin visit di said properties wit officials and question if di ex-naval chief get di right to develop am.
E insist say di military no get approval or valid documentation from di federal capital territory to develop di land.
However, di military officer, insist say im dey act on orders and di land get valid papers.
As di issue turn hot debate, and some social analysts don analyse di mata on di line of legality and power tussle between di civilian authority and the military, constitutional lawyers don explain di position of di constitution for incident like dis one.
Lawyers give di position of di Nigerian Constitution
Barrister Emmanuel Umoren tell BBC News Pidgin say di mata dey "fluid" as two-way sides bifor di law.
E explain say under di law, di two parties get dia own fault, as e cite two Supreme Court rulings to back up im position.
Umoren cite di Supreme Court rulings for Onunze v. State (2023) 8 NWLR (Pt. 1885) 61 and Nigeria Air Force v. James (2002) 18 NWLR (Pt. 798) 295, wey according to am, clearly establish say military officers no dey bound to obey illegal or manifestly unjust orders.
E say for di rulings, Justice Ogunwumiju rule say, "di obligation to obey di orders of a superior no include orders wey dey palpably illegal or manifestly unjust. Every military or police officer swears an oath upon commissioning. Di Oath no be to obey all orders, na to "preserve", "protect" and defend di Constitution of di Federal Republic of Nigeria against all enemies, foreign and domestic.".
Oga Umoren explain say wetin di ruling mean na say di officer dey assumed to know say im no suppose obey illegal unjust orders.
On di oda side, e cite di Supreme Court ruling for di case wey involve di Govnor of Lagos state versus Ojukwu. E say wetin di FCT minister do na "self help" wey dey against di law.
E explain say di Supreme Court frown against govment officials using "self help" to carry out govment duties.
If pesin go property wey no belong to am and di minister wan enforce order, di minister no get right to go there imsef as dat na self help and di law forbid self help, and dat na bicos di constitution don create dispute resolution bodies to solve dos kain issues.
One Senior Advocate of Nigeria and constitutional law expert, Prof Sebastine Hon condemn di conduct of di naval officer.
E describe AM Yerima actions as a "breach of di law."
For im reaction to di incident for one post on im Facebook page, e dey of di position say Oga Wike method fit dey harsh but e dey legal and lawful, instead di officer wey stop am no only breach di Nigerian constitution, e also breach di service and extant regulatory laws.
"For di avoidance of any doubt, section 114 of di Armed Forces Act make military personnel criminally liable for civil offences." Di SAN quote.
Di SAN wey also cite di Supreme Court rulings for Onunze v. State find di officer guilty and explain say di illegality of di mata start from di fact say no service law of di military permit a serving military officer to mount guard for di private construction site of im boss, especially under suspicious circumstances like dis.
E say di retired Naval Officer suppose under di circumstances engage civil police, if e suspect likelihood of arson or criminal trespass.
Anoda constitutional lawyer, Barr Yomi Ogunsanya wey follow BBC News Pidgin tok say first, di issue no be constitutional mata.
E say di minister no dey right for di case, and no suppose engage di officer, but e for go get court order to access di land.
"As a minister, you be honourable wey dey represent di federal republic of Nigeria and di President wey be di commander in chief, and di power wey dem give minister na delegated authority."
E add say di minister no suppose descend to di level of engaging di soja, but instead get court order to access di land.
Di National Coordinator, Lawyers for Civil Liberties, Opatola Victor also dey of di position say make di minister go court as e no be constitutional mata.
Oga Victor tok say if di minister believe say di military officers stop am from im lawful duty, e suppose approach di court instead of di gbasgbos e get wit di officer.
"Oga Wike suppose approach di court like millions of Nigerians wey dia properties dey unlawfully demolished or taken over.
E add say wen powerful pipo use di military to take ova citizens lands or properties, dos kain citizens dey go court.
How di mata take reach hia?
On Wednesday FCT Minister Nyesom Wike bin kwanta wit one Navy Officer inside one video wey go viral.
Di video show how di FCT Minister bin dey para for di Naval Officer sake of say e no let am enta one land.
Di Naval Officer bin tell di FCT Minister say e no go fit enta di land sake of say e dey im duty post and all di document for di land dey available.
However, dis kwanta inside di viral video don continue to get reactions from different quarters.
One of di pipo wey don react na Mohammed Badaru, minister of defence, wey tok say di federal govment and military leadership go safeguard all sojas wey dey do dia lawful duty.
Local media report say na on Wednesday Badaru tok for Abuja for one meeting for one ministerial press briefing to mark di 2026 Armed Forces Remembrance Day.
News Agency of Nigeria [NAN] quote Badaru say "Well, for di ministry, and indeed for di armed forces, we go always protect our officers on lawful duty," Badaru tok.
"So, we dey look into dis issue, and we assure you say any officer on lawful duty go dey highly protected.
"We no go allow anytin to happun to am as long as im dey do im job, and if im dey do im job veri well."
How oda Nigerians react
Former Chief of Army Staff, Lieutenant General Tukur Yusuf Buratai (retd.), for im reaction caution di recent altercation between di FCT Minister, Nyesom Wike, and Nigerian Navy officer for Abuja pose "a clear and present danger to national security" and requires immediate corrective action.
For one statement on im verified Facebook account, Buratai tok say di minister actions during di incident "go beyond mere misconduct" and "undermine di authority of di Commander-in-Chief as well as di integrity of di Armed Forces."
Buratai criticise di minister tone and public rebuke of a uniformed officer and describe am as "a reckless act wey strike at di heart of Nigeria command and control structure."
E say, "A minister verbal assault on a military officer in uniform na profound act of indiscipline wey attack di very foundation of our national security. Dis no be political theatre, na reckless endangerment of national order."
Nigerian politician Peter Obi for im reaction say di kwanta between di FCT Minister and di naval officer na yet anoda unfortunate reflection of di growing institutional disorder for our kontri.
E bin raise di questions wey dey many pipo mind on if dem suppose use di military for civil operations? If clear boundaries between administrative authority and di duties of security agencies no suppose dey, anong odas.
Oga Obi dey of di position say "wen public officials act beyond institutional norms, and wen security agencies dey used in ways wey blur dia professional boundaries, we dey weaken both governance and public trust."
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