Nigeria's recent designation as a Country of Particular Concern (CPC) by US President Donald Trump, coupled with the threat of physical invasion, should have been a wake-up call for the nation to address its pressing security concerns. Instead, the focus shifted to a heated altercation between FCT Minister Nyesom Wike and Navy Officer Lt Ahmed Yerima, sparking a debate about who was in the wrong and who should apologize.
The irony is that those leading the charge for Lt Yerima's apology, including former Chief of Army Staff Lt General Buratai (Rtd), have themselves contributed to Nigeria's escalating insecurity during their tenure. They failed to effectively combat the nation's security challenges, yet they demand an apology for a perceived slight, while neglecting to apologize to Nigerians for putting them in harm's way and failing in their duty.
The magnified attention on Minister Wike's abuse of Lt Yerima, treating it as a cardinal sin, is disproportionate when compared to the tens of thousands of lives lost due to the army's failure under Lt General Buratai's leadership. It's a stark reminder that, even after two and a half decades of military dictatorship, the military still holds itself above the law, forgetting that in a civilian democracy, the Constitution is supreme.
The argument that Minister Wike's actions were an insult to the President, as Commander-in-Chief, is flawed. The FCT Minister, as a direct representative of the President, has duties assigned by the Constitution and should not be subjected to 'orders from above' that contradict the grundnorm.
The 'Wikerima' incident, as it has been dubbed, saw Minister Wike using strong language towards Lt Yerima, which is unbecoming of his position. However, the incident also highlighted the intimidation tactics allegedly used by military personnel against FCT officials. Lt Yerima has been elevated to hero status, not for any remarkable military feat, but for standing his ground in an argument. This sets a dangerous precedent, as it suggests that simply engaging in an altercation is enough to be considered a hero.
From a legal standpoint, the incident must be examined. The casual acceptance of unlawful killings by those in uniform is a worrying trend. While Lt Yerima may have been following orders, the legality of those orders must be questioned. In Nwaoga v State (1972), the Supreme Court ruled that a soldier is responsible for obeying lawful orders and is accountable if they follow manifestly illegal instructions.
The Land Use Act 1978 (LUA) governs landholding in Nigeria, and it is clear that Lt Yerima or those who instructed him breached Section 11 of the LUA by denying FCT officials and the Minister access to the land. This action suggests a belief that they are above the law.
The functions of the Armed Forces, as outlined in the Constitution, do not include guarding the personal disputed land of serving or retired officers. Lt Yerima's actions appear to be in violation of these functions.
The parties involved in the land dispute could have sought legal recourse by applying for an interim injunction to prevent any harassment or demolition on the land until the dispute over the title was resolved.
Proclaiming Minister Wike as solely responsible for the incident, while ignoring Lt Yerima's apparent constitutional and statutory breaches, is a narrow-minded view. Nigeria is no longer a military dictatorship, and the rule of law must be upheld. The #EndSARS protests of 2020, where lives were lost, serve as a reminder that those in uniform must operate within the boundaries of the law.
This incident highlights the need for a holistic examination of the law and its application, ensuring that all parties, regardless of their position or uniform, are held accountable.
