OPEN LETTER TO ALL NIGERIANS
Fellow Nigerians, greetings in the name of Almighty (God, Allah, Oluwa, Chukwu Okike Abiama) the Maker of the whole universe.
The recent debacle between Nyesom WIKE, (The alter ego of the FCT MINISTRY) and Yerima (A naval officer) calls for a detailed analysis especially where it concerned the legal issues involved.
We have to look thoroughly at the nitty gritty of the legal issues begging for questions. They are as follows:
1. Constitutional issues
2. Jurisdictional issues
3. Jurisprudential issues
I will formulate six legal issues for determination which are as follows:
ISSUES FOR DETERMINATION
ISSUE 1.
WHETHER THE FCT MINISTER CAN EXERCISE THE POWERS OF THE PRESIDENT AND COMMANDER OF THE ARMED FORCES IN THE CIRCUMSTANCES?
ISSUE 2.
WHETHER LAND MATTERS IN FCT IS UNDER THE JURISDICTION OF THE FCT MINISTRY OR THE NIGERIAN NAVY?
ISSUE 3
WHETHER THE DISPUTED PROPERTY IS HOUSING ANY NAVAL EQUIPMENTS/INSTALLATIONS OR NOT ?
ISSUE 4.
WHETHER A PIECE OF LAND WHICH IS ALLEGEDLY ALLOTTED TO A RETIRED NAVAL CHIEF ILLEGALLY CAN CAUSE A BREACH OF NATIONAL SECURITY?
ISSUE 5.
WHETHER THE ORDER FROM THE CHIEF OF NAVY TO YERIMA IS MANIFESTLY UNLAWFUL AND UNREASONABLE?
ISSUE 6.
WHETHER THE FCT MINISTER MADE PREVIOUS DEMANDS FOR INSPECTION OF THE DISPUTED PROPERTY BUT WAS TURNED OFF?
The vital legal issues raised supra are where under discussed in details as follows:
ISSUE 1.
The answer to issue number one is of course in the affirmative.
Under sections 5, 147 & 148 of the Constitution of the Federal Republic of Nigeria, A Minister Of The Federal Republic Of Nigeria can convinentily exercise the executive duties and functions of The President and Commander In Chief Of The Armed Forces Of The Federal Republic Of Nigeria.
It is very unfortunate that the Naval Chief has constituted himself a meddlesome interloper and a clog in the wheel of smooth running of the affairs of the FCT Ministry. His use of a naval officer to achieve his purpose is uncalled for because in a democratic society like Nigeria and elsewhere, the military is under the authority of civilian administration.
See also sections 247 & 248 of the 1999 constitution as amended.
In Israel for instance, a democratic society, where Land matters and issues is a matter of life and death, even the defense can never intermeddle in the affairs of the ministry in charge of Lands.
His job is the defense of the territorial integrity, security and expansion of the state of Israel.
In events of clashes with the Prime Minister Of The State Of Israel on any issues affecting the State Of Israel, the Defense Minister faces the options of resigning honorably and risks being fired from his job.
Kindly read the cases of Defense Minister Benny Gantz and Defense Minister Yoav Gallant.
In the case of Benny Gantz,he resigned honorably while Yoav Gallant was fired by The Prime Minister Of The State Of Israel.
Issue 2.
The answer to this issue is obvious and needs not much argument. All Lands in Nigeria is vested in the STATE, be it the STATE Of Nigeria or the 36 Federating States Including the FCT. The Government has the powers to allocate or revoke any land in the overall/overriding public policy and interest. Kindly see the Land Use Act.
ISSUE 3
The answer to this issue is in the negative. There is nothing in the property which is directly linked to the Nigerian Navy so much for the defense establishment to be directly involved in the manner of raising eyebrows over the disputed land. It is just a private land which the ministry of FCT said that it was illegally acquired by the allotee.
ISSUE 4.
The answer to this question is obviously in the negative. This issue need to be thoroughly trashed because of the way someone like Gen. Turkur Brutai over stepped his boundaries not minding the fact that he is a national figure and as such must be very careful about the way he carries himself. His linking a common land issue that concerned an individual to be a national security matter is very very ridiculous and unfortunately misleading.
These are questions he must answer:
1. Where is that thing that constitute national security risks in this matter?
2. He should be able to ask himself if he served this nation very good as the chief of Army Staff?
3. What was his own role in river state elections trouble?
4. How far did he deal with national security risks where it concerned Boko Haram, ISWAP, Bandits and ragtag herdsman?
5. Was he a very inconsistent and incompetent army general?
6. Or was he aiding and abetting Boko Haram, ISWAP, Bandits and ragtag herdsman?
These are the real national security matters when he was Chief of Army Staff which increased astronomically while he was busy killing and waisting the innocent lives of thousands of unarmed and defenseless Easterners in the name of operations python dance 1&2.
When he went after Sunday Iboho, the entire Yoruba Nation came out in full fledged support of Iboho and he could not do anything else. Today Sunday Iboho is a free man and doing great.
Some people are actually good to face the ICC if care is not taken.
ISSUE 5.
The answer to this question is obviously in the affirmative. The order given to yerima by whosoever is not only MANIFESTLY UNLAWFUL BUT ALSO MANIFESTLY UNREASONABLE:
1. The order by whosoever has crossed over the area of influence the the Nigerian Navy in particular and the Defense Ministry in general
2. The order undermines the authority and powers of the FCT ministry in particular and the authority and powers of President of The Federal Republic Of Nigeria in general.
Cult groups, Boko Haram, ISWAP, Bandits and ragtag herdsman they have ordered formations. They pass orders from the top echelon to the bottom.
People carry out such orders relying the principles of orderliness in their formation.
The simple truth is that you must be held responsible for your own actions afterwards.
In the case of the Nuremberg trials of Nazi war criminals after the second world war, all the Nazi Generals relied on the principles of the supremacy and sanctity of the State. That they were carrying out orders for the State Of Germany and that such orders were not really theirs.
The Nuremberg Judges were right in pointing out to them that they should be fully held responsible and accountable for whatever orders they carried out on behalf of the State Of Germany especially where such orders were MANIFESTLY UNREASONABLE and AGAINST CIVILIZED CONDUCTS IN WARFARE.
ISSUE 6.
The answer to this issue is in the affirmative. According to available information there are several demands by the FCT Ministry in respect to the land in focus before the final push by the FCT Minister himself.
His visiting the Locus In Quo is perfectly in order.
He has the constitutional and jurisdictional right to do that. By visiting the Locus In Quo he is exercising the powers, duties and functions of the President and Commander In Chief Of The Armed Forces in the circumstance… And by extension it was the President who was asking the young naval officer who are you?
What played out was forceful use of words which was employed as a last minute resort.
Let’s look at these words……
You are a fool
Am not a fool.
Who are you?
Am an Officer Sir.
All these words above are in the realm of Argumentum Ad Baculum.
We only espirenced here FORCE OF ARGUMENT BUT NOT ARGUMENT OF FORCE. No physical combat ensured to say it in the ordinary language.
The manner and method employed by the Minister is a means of last resort when other means have already been exhausted.
Recommendations.
The young naval Officer should be deployed to the creeks or the Atlantic Ocean off the shores of Nigeria where he will display his professional prowess and competence. There is no waters in the FCT which warants his being posted there in such a way that he would be turned a pun in the hands of the Big Men.
We’re are loosing billions of dollars to oil bunkers when we have well trained naval officers who could competently combat oil bunkering, piracy and other Maritime Criminalities.
Conclusions.
We have to be very vigilant and watch out for those trying to foment double trouble for Nigeria. The economy is very bad and some people are actually trying to invite the military not really knowing that our problem is the military who doesn’t want to overthrow and dismantle Boko Haram, ISWAP, Bandits and ragtag herdsman.
Let the military show us competence, resilience and professional prowess in their defense of the territorial integrity of Nigeria.
Long Live The Federal Republic Of Nigeria.
Onochiengwu Obuna Esq.
(Ike Nkanu).
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