Political hatred, the fundamentals of politics and constitutionality in Nigeria, by Oluwadare Ayeni
In recent times, Nigeria’s democratic space has been poisoned by political hatred and emotional reactions to public issues. A disturbing trend is emerging where individuals celebrate acts that undermine constitutional order simply because they dislike a public officer. A case in point is the incident involving Minister Nyesom Wike and a military officer. Many commentators and social media influencers have chosen to applaud the military officer for allegedly insulting or obstructing the minister, yet such actions, if true, represent not heroism but an assault on the institutions of democracy.
Whether one likes or dislikes Minister Wike is irrelevant. The fact remains that he was appointed by the President of the Federal Republic of Nigeria and confirmed by the National Assembly to oversee the Federal Capital Territory. An insult, assault, or obstruction directed at him in the course of performing his constitutional duties is not merely personal, it is an affront to the authority of the President who appointed him and a violation of constitutional decorum.
This incident raises deeper questions about the limits of power and the lingering influence of the military mentality in Nigerian civil life. One key question is: does a retired military officer have the power to deploy serving military personnel for private or unauthorized assignments? The answer is no. Under the Armed Forces Act, Cap A20, Laws of the Federation of Nigeria (LFN) 2004, only the President, as the Commander-in-Chief of the Armed Forces, acting through the Chief of Defence Staff (CDS) and the service chiefs, has the constitutional authority to deploy serving military officers.
A retired military officer, regardless of rank or former office, ceases to exercise command or control over serving personnel upon retirement. Section 8 of the Armed Forces Act establishes the chain of command, beginning with the President and flowing down to the CDS, service chiefs, and commanding officers. Retired officers are civilians under the law and cannot lawfully issue operational orders, direct deployments, or engage serving officers for private purposes. Doing so constitutes a gross violation of the Armed Forces Act and may amount to aiding and abetting mutiny or unlawful military deployment, punishable under Sections 45 and 46 of the same Act.
It is regrettable that, in some quarters, illegal deployments have become normalized, as seen historically when military officers took over private lands and branded them “military zones, keep off.” That culture of impunity, left unchecked, gradually eroded the boundaries between military discipline and civil authority. What we see today, where serving officers are allegedly deployed to protect the private property of retired generals, is an extension of that legacy. It is not only illegal but also a threat to democratic governance.
The Constitution of the Federal Republic of Nigeria, 1999 (as amended), in Section 217, makes clear that the Armed Forces exist to defend Nigeria’s sovereignty, territorial integrity, and constitutional order, not to serve private interests. Similarly, Section 1(2) of the same Constitution forbids the taking of governmental power or functions by any means other than through the constitutional process. Therefore, when military personnel obstruct lawfully deployed agents of the state performing public service, especially under the instruction of a minister, such action amounts to an affront to constitutional authority and a subtle form of coup against democracy.
Political hatred has blinded many citizens, including some learned individuals, to the dangerous implications of supporting unconstitutional conduct. When lawyers and commentators cheer on actions that violate the law because they dislike a political figure, they inadvertently empower the forces of lawlessness. The survival of democracy depends not on how much we love or hate individual politicians, but on how strongly we defend the rule of law and institutional authority.
In conclusion, a retired officer has no right, legal, moral, or constitutional, to deploy serving military officers. Any such act is illegal and undermines both the integrity of the military and the sanctity of Nigeria’s democratic system. The military must remain professional, apolitical, and subject to civilian authority. Those who celebrate acts of insubordination in the name of politics should remember that every assault on constitutional order, no matter how minor, weakens the very democracy we all claim to defend.
Oluwadare Ayeni, PhD
Associate Professor, African Democracy and Public Governance
