The Legal and Ethical Implications of the FCT Minister’s Confrontation with a Naval Officer
In a recent incident that has sparked widespread debate, the Minister of the Federal Capital Territory (FCT), Nyesom Wike, found himself in a heated confrontation with a naval officer in Abuja. This encounter has raised critical questions about the legality of the officer’s actions, the minister’s conduct, and the broader implications for civil-military relations and governance under President Bola Tinubu.
Legal Aspects of the Land Dispute
The dispute centered around a land issue, where the FCT Minister was allegedly obstructed from inspecting a property. According to Section 11 of the Land Use Act, the minister is empowered to enter and inspect land comprising any statutory right of occupancy or improvements made thereon at any reasonable time during the day. The occupier is required to permit and give free access to the minister. By preventing the minister from accessing the land, the military officer contravened the law.
The alleged owner of the disputed land, Vice Admiral Awwal Zubairu Gambo, should have known that the Constitution and the Armed Forces Act do not allow members of the Armed Forces to guard private property. Instead of using force, Admiral Gambo should have pursued legal avenues to protect his interests. Lt. Yerima, the naval officer involved, should have refused to be turned into a guard by the retired service chief. His superior orders must be legal and related to military assignments, which guarding private property is not.
The Minister’s Conduct and Public Reaction
The minister was criticized for insulting the naval officer and calling him a fool. In such situations, the minister should have withdrawn from the site and reported the officer to the relevant military authorities or filed a suit at the FCT High Court to obtain an order enabling him to enter and inspect the land. While the officer’s response was polite, the minister’s verbal assault was inappropriate. Calling someone a fool in a public place violates the dignity of the individual, and the President should direct Mr. Wike to apologize to the military officer.
There have been arguments about the legality of the military officer’s duty on the land. Courts have consistently held that soldiers cannot be involved in civil matters. Even police and other law enforcement officers are prohibited from engaging in civil disputes. The order given to Lt. Yerima to guard a private property is illegal, as the courts have ruled that no Nigerian can be compelled to obey an illegal order.
Military Endorsement and Civil-Military Relations
The Defence Headquarters released a picture on its social media that seemed to endorse the naval officer’s action. The post stated, “It is an honour to serve in the Nigerian military. Unshaken, unbent, unbroken.” This endorsement suggests that the military establishment will not take any action against the junior officer, who has become a hero. However, successive regimes have failed to demilitarize society, leading to a quasi-democratic administration where retired military officers hold significant positions.
A retired service chief claimed that the minister’s conduct threatened national security. National security refers to the collective security of the nation, not just the security of those in power. The uniform of a military officer is not different from that of a policeman or customs officer. The Armed Forces can only intervene in cases of insurrection or a total breakdown of law and order.
The Role of the Presidency and Government Response
The Presidency has remained silent on the incident for over four days, which is concerning. Two ministers have spoken out against the conduct of Mr. Wike, indicating a cabinet division on the matter. Retired service chiefs and members of the public have supported Lt. Yerima and urged Mr. Wike to be called to order. Despite this, Mr. Wike has threatened to resign if the President does not protect him.
Land disputes between the FCTA and VIPs have been recurring issues. Normalcy and the rule of law can only be restored if the authorities comply with the provisions of the Land Use Act and Urban and Regional Planning Act, as well as court orders. The minister has no power to demolish a citizen’s house without a court order, similar to how a landlord cannot eject a tenant without one.
Public Support for the Naval Officer
Nigerians have backed the military officer against Wike, highlighting the public’s opposition to arrogant and garrulous public officers. While the minister has distanced himself from the law, President Tinubu has expressed satisfaction with his performance. However, the minister’s actions have raised concerns about the rule of law and the conduct expected of government officials and security operatives.
Mobile Phone Ban and Constitutional Rights
Barely 24 hours after the videos of Wike’s confrontation went viral, he reportedly banned the use of mobile phones within office premises for all officers on Salary Grade Level 14 and below. This ban is illegal and unconstitutional, as it infringes on the right to freedom of expression. The use of telephones for communication is protected under the Constitution and the African Charter on Human and Peoples’ Rights. The ban is discriminatory and should be lifted immediately.
Broader Lessons for Democracy
This incident underscores the need for Nigeria to be run as a democratic country. Public officers must operate under the law and discard dictatorial tendencies. Military officers must obey the law of the land, and those who violate it must be brought to book, not lionized. The Supreme Court has emphasized that totalitarianism is alien to democracy, and all public officers must adhere to this principle.
