By NWAMBU GABRIEL, Ph.D.
The reported obstruction of the Minister of the Federal Capital Territory (FCT), Barrister Nyesom Wike, by a naval officer, A.M. Yerima, on a disputed land inspection site is not a mere dispute over property. It is a profound crisis of civil-military authority that strikes at the heart of Nigeria’s constitutional democracy. The implications of this unchecked act of insubordination are a chilling precursor to an impending doom of military impunity, recklessness, and the brutalisation of the populace.
The Nigerian Military is a revered institution, a custodian of our sovereignty. Yet, the actions of Officer Yerima have opened the door to a dangerous precedent that must be decisively shut through adherence to the rule of law. 
The Position of Law and Legality of the Officer’s Actions
The legality of Officer A.M. Yerima’s actions is highly questionable, bordering on clear violations of administrative and service law.
1. Military Role in Private Disputed Land
Are the military expected to provide security in a private disputed land?
Answer: No.
The primary roles of the Nigerian Armed Forces are stipulated in Section 217(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended):
* Defending Nigeria from external aggression.
* Maintaining its territorial integrity and securing its borders.
* Suppressing insurrection and acting in aid of civil authorities to restore order, when called upon to do so by the President.
Disputes over land ownership, building permits, and access are purely civil and administrative matters.
The appropriate bodies for security and dispute resolution in these matters are the Nigeria Police Force or relevant civil enforcement agencies (like the FCDA Task Force) and the Courts. The deployment of military personnel to guard a private, disputed property, especially one involving a retired officer, falls outside the constitutional and legal mandate of the Armed Forces and constitutes a gross misuse of state resources and authority.
2. Comparative Rank and Authority
Between Officer A.M. Yerima and Minister Nyesom Wike, who is higher in rank, given the Minister’s delegated authority?
Answer: Minister Nyesom Wike, based on delegated constitutional authority.
While Officer Yerima holds a military rank, Minister Wike, in his official capacity, represents the Executive Arm of Government and acts in loco parentis (in the place of) the President/Commander-in-Chief on matters concerning the FCT.
* Delegated Presidential Authority: Section 302 of the Constitution delegates all powers with respect to the administration of the FCT to the Minister. When the Minister acts to inspect land, he is executing a power vested in the President himself.
* Civil Supremacy: The bedrock of Nigeria’s democracy is the principle of Civilian Supremacy over the Military. The Minister, as a high-ranking civil appointee exercising presidential powers, is the superior authority in this administrative context. Obstructing the Minister in the lawful performance of his duty, even after the intervention of the Chief of Defence Staff, is an affront to the civil authority of the President and a direct act of insubordination to the highest civil office in the land.
3. Military Interference in Civil Matters
Are the military expected to interfere in pure civil matters bothering on building permits and providing security to disputed lands?
Answer: No, the military is generally not expected to interfere.
Interference in building permits and land disputes constitutes an encroachment upon the jurisdiction of civil authorities.
This interference undermines the legitimacy of civil institutions and fosters a culture of lawlessness where uniformed personnel feel entitled to act above the law based on allegiance to individuals rather than the state. This practice, often referred to as “militarisation of civil spaces,” is corrosive to democratic governance.
The Impending Doom and Call for Action
The unpunished act of Officer Yerima is not an isolated indiscretion; it is a gateway to impunity.
The Dangers of Unchecked Crimes
If such intolerable conduct is ignored or, worse, celebrated, the following dangers are imminent:
* Erosion of Civil Supremacy: It sends a signal that military personnel can defy civil authority at will, weakening the foundational principle of democratic governance.
* Reign of Terror against Civilians: The officer’s successful defiance in a high-profile case will embolden other uniformed personnel to replicate such actions against hapless civilians. The perceived impunity will unleash a reign of terror and brutalisation, where “men in khaki” believe they can act without legal consequence.
* Breach of Service and Constitutional Law: As noted, Section 114 of the Armed Forces Act makes military personnel criminally liable for civil offences, including obstructing a public officer. By his actions, the officer has breached both the Constitution and Service laws.
✊ Call for Justice and Deterrence
For the integrity of our democracy and to prevent the impending doom of widespread military lawlessness, the following action is imperative:
Officer A.M. Yerima must be immediately arrested and tried under the law.
This trial should proceed under the appropriate legal frameworks, including possible arraignment before a Court Martial for the serious charge of obstructing a public officer from performing his duties. Punishing this act is not about a vendetta against an individual; it is a vital necessity to:
* Reassert the Supremacy of the Constitution and the rule of law.
* Serve as a clear deterrent to all those in uniform who contemplate abusing their power against civil authorities or the general populace.
* Preserve the dignity of the Nigerian Military institution by purging the elements that tarnish its reputation through impunity and recklessness.
Nigerians fought relentlessly to save the nation from the very occurrences of unchecked power. We must not allow the doors of impunity to be opened now.
