Does retired Naval chief Zubair Gambo possess a valid land title to the disputed Abuja land? Do military rules operate separately or have superiority over civilian laws in a constitutional democracy?
These are some of the burning questions that legal luminary and former president, Nigerian Bar Association (NBA), Chief Olisa Agbakoba, said were thrown up by last Tuesday’s confrontation between Federal Capital Territory (FCT) Minister, Nyesom Wike, and a Naval Lieutenant, A. Yerima, who led a military team that bluntly refused the Minister access to a piece of land in Abuja.
The land is linked to former Chief of Naval Staff (CNS) Gambo.
The confrontation literally set the internet ablaze with explosive reactions by Nigerians,high and low, with great dissonance.
Wike,at a press briefing yesterday, confirmed that the land developer (Gambo), located in Gaduwa District, lacked valid title to the place, adding that enforcement staff of FCT Administration (FCTA), including a Director, earlier sent to the land, were allegedly beaten up by soldiers,prompting the Minister’s physical presence on the land.
Weighing in on the now-vexed matter, in a post today on X, Agbakoba raised serious concerns over military rules as juxtaposed to constitutional civilian laws, and called for thorough investigation into the clash.
According to him, the incident raises significant questions about civilian authority over the military and the legality of the land ownership at the centre of the dispute.
He noted that while the Minister could have handled the situation differently, the key issue is whether the military officer has a valid land title.
Agbakoba questioned the legitimacy of the military’s claim to the property and whether military directives can override civilian laws.
He also raised concerns about whether the officer might be relying on military power rather than due process to assert control over the land.
The respected Senior Advocate of Nigeria (SAN) said the issues surrounding the clash, including compliance to land regulations and the boundaries of military authority, require comprehensive examination.
“The Wike Military issue is a complex one that raises crucial questions about civilian control over the military. While there’s no doubt that Minister @GovWike could have approached Lt. Yerima differently, the core issue at hand is compliance with land title regulations.
“So I ask: aside from Wike’s alleged indiscretion, what about the military’s claim to the land in question? Does Lt. Yerima actually have legal title to it, or has he simply wielded military power to assert his control? While it’s true that Lt. Yerima can invoke obedience to superior orders to deny access to Wike, it begs the larger question: do military rules operate separately from our civilian laws?
“I genuinely want to know if the General holds a legitimate title to this land or if he is merely relying on military power. Can a civilian, in this case, the minister, resist or evade compliance with those military directives? This entire situation certainly warrants a thorough investigation.”
*PHOTO CAPTION: Agbakoba.
