A Senior Advocate of Nigeria, Prof. Sebastine Hon, has said the naval officer who confronted the Minister of the Federal Capital Territory, Nyesom Wike, during a heated altercation over a disputed piece of land in Abuja, violated the law and disrespected constituted civil authority.
In a strongly worded statement shared on Facebook on Wednesday, the constitutional law expert condemned the actions of Naval Officer A.M. Yerima, who reportedly blocked Wike and his team from gaining access to a parcel of land at Plot 1946, Gaduwa District, Abuja.
Prof. Hon described Yerima’s conduct as “a clear breach of the law,” stressing that no valid military order justifies obstructing a serving minister acting in his official capacity.
“Brushing sentiments aside, I hereby condemn in totality the actions of the Naval Officer, A.M. Yerima, who obstructed the FCT Minister from gaining access into that parcel of land, under the guise of obeying superior orders,” he wrote.
According to him, while obedience to superiors is a fundamental military rule, it does not extend to unlawful or unconstitutional orders. He cited Supreme Court judgments — Onunze v. State (2023) and Nigeria Air Force v. James (2002) which affirm that no officer is bound to carry out illegal or manifestly unjust directives.
Prof. Hon argued that the order in question was illegal since “no service law permits a serving military officer to guard the private property of his boss, especially under suspicious circumstances.” He added that if genuine security concerns existed, “the retired naval officer involved ought to have sought assistance from the civil police.”
Emphasising the powers vested in Wike as FCT Minister, the SAN explained that the 1999 Constitution (as amended) places land administration in Abuja under the minister’s direct authority.
“By Section 302 of the Constitution, the President has delegated all powers relating to land administration in the FCT to the Minister. Therefore, on that day, Wike was exercising presidential powers as the Commander-in-Chief’s representative,” Hon said.
He maintained that Yerima’s action amounted to an affront to the President’s authority and a breach of constitutional and service regulations.
While noting that Wike’s approach might appear forceful, the law professor insisted that “the minister’s action was lawful in every respect,” and that the naval officer should be held accountable.
“Section 114 of the Armed Forces Act makes military personnel criminally liable for civil offences. The officer in question could face a court-martial for obstructing a public officer in the course of duty,” he said.
Prof. Hon warned against celebrating Yerima’s action, saying such behaviour, if left unchecked, could embolden military personnel to defy civil authority.
“If this intolerable conduct is not punished, it could encourage other men in uniform to harass civilians with the excuse that ‘we did it to Wike and nothing happened,’” he cautioned.
The clash between Wike and the naval officer occurred on Tuesday when the FCT Administration attempted to enforce a stop-work and demolition order on the land, reportedly linked to a former naval chief.
A viral video from the scene showed the minister confronting uniformed personnel who blocked his team from entering the site.
Addressing reporters later, Wike said he would not be intimidated or blackmailed over the enforcement of FCT regulations.
“I do not understand how someone who attained that position believes he can use his military status to intimidate Nigerians. I will not succumb to blackmail or intimidation,” Wike declared.
The altercation has sparked nationwide debate over the boundaries of military obedience and the supremacy of civil authority in Nigeria’s democratic setting.
