Dr Austin Orette
Nothing exemplifies more about the ad-hoc system than the altercation that took place between the Minister of the Federal Capital, Nyesom Wike and Lieutenant A. M. Yerima a few days ago.
Some persons familiar with the theatrics of Wike may condemn his method but you can see that his heart is in the right place.
A lot of Nigerians suffered damage from ad-hoc military rule and the lack of respect for citizens and the rule of law. This military induced cognitive dissonance makes them accept military abuse as normal. This cognitive dissonance is the reason a lot of people are focusing on the wrong elements in the interaction of the duo.
What took place in Abuja is a microcosm of what Nigerians suffer daily from the hands of soldiers in Nigeria. Ad-hoc system leads to the breakdown of the rule of law and personalization of power.
The prick waving between the officer and Mr. Wike is the result of the imposed military ad-hoc culture. Instead of following the due process of law, it became a competition of who is more important. Instead of legal questions, the arguments become personal.
If Wike was not a minister, the officers would have assaulted him and locked him up in some military guardroom. This is the Nigerian reality. This is why that officer must be prosecuted for being in that place unlawfully.
If Wike was not a minister, the story would have been different and buried.
The years of military rule and their ad-hoc system of governance led to unprofessionalism of the Nigerian soldier and the total disregard for the rule of law.
The average Nigerian soldier seems to think he is above the law. They violate traffic regulations all the time and cause a lot of misery to citizens. They seem to think they have the legal right or duty to arrest civilians.
They should be made to understand that they are not superior citizens and they are not above the law.
They must stop using their military positions to take laws into their own hands.
You may say the minister insulted the soldier. That is not the point. You may say the soldier was polite, that is also not the point. The question to ask is: why was the soldier there with other soldiers who were armed? Who gave the order for the officer to be there with other soldiers? Why did they go there armed? What was their rule of engagement? Was that the proper method to seek resolution in a dispute between two parties? Why was officer Yerima taking orders from a retired general? What does the uniform code of military justice say about this? Can retired soldiers command active duty officers to carry out military exercises? Who was paying for the time that officer Yerima was using to do private security for his retired General?
The answer to these questions will tell us how unprofessional and lawless the Nigerian soldier is.
The reason the officer went to that site is to use intimidation to stop the workers from their legitimate duties. This is an illegal act that should have resulted in the arrest and prosecution of that officer.
He left his duty post under unlawful command to assault citizens engaged in their lawful duties.
Due to successive military governments in Nigeria, the average soldier thinks he has the right to arrest civilians. He thinks he is above the law. This is very wrong. They should be disabused of this notion.
They must subordinate themselves to civilian authority. The soldier is not a prosecutor and he does not have the power to arrest any civilian.
Due to lack of knowledge, soldiers have been engaging in these activities. Some would arrest and detain civilians in military guard rooms which is illegal.
The general who sent officer Yerima does not think he is subject to the rule of law in a democratic society. That is why he decided to take the law into his own hands and intimidate the civilians involved.
We should review the unified code of military justice and see if a retired officer has the right to give order to a serving officer. If the answer is no, then Officer Yerima should be prosecuted for abusing his position.
He carried out an unlawful order from an officer who is no longer in service. He does not have the authority to interfere or interrogate any civilian in their place of work.
We as a nation must condemn what has happened and use this as a teaching moment.
The army must subordinate themselves to civilian authority. They work for us.
While I may be uncomfortable with Wike’s theatrics, he should never apologize to Yerima. Yerima was there unlawfully and also in breach of military protocol. He should be arrested and prosecuted.
This will serve as a deterrent to soldiers who think their uniform is an emblem to intimidate and harass Nigerian citizens.
Dr Austin Orette Writes From Houston, Texas