A leading constitutional lawyer and Senior Advocate of Nigeria, Prof. Sebastine Hon, has faulted the conduct of Naval Officer A.M. Yerima during his face-off with the Minister of the Federal Capital Territory, Nyesom Wike, describing it as “a breach of the law.”
The confrontation, which occurred at a disputed plot of land in Gaduwa District, Abuja, has drawn widespread public attention and debate.
Hon, in a Facebook post on Wednesday, condemned Yerima’s decision to block Wike’s access to the site, saying no lawful military order could justify the act. “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.
The Senior Advocate explained that while obedience to superiors is a cardinal principle in the military, it has limits recognized even by the Supreme Court of Nigeria. According to him, “The duty of a junior officer to obey the orders of his superiors, even though strongly upheld in military and paramilitary circles, has its own limitations recognised by no other authority but the Supreme Court of Nigeria.”
Supreme Court Precedents Against Illegal Orders
Citing Supreme Court decisions in Onunze v. State (2023) 8 NWLR (Pt. 1885) 61 and Nigeria Air Force v. James (2002) 18 NWLR (Pt. 798) 295, Hon said these cases make it clear that military officers are not bound to obey illegal or manifestly unjust orders. He added that “no service law of the military permits a serving military officer to mount guard at the private construction site of his boss, especially under suspicious circumstances like this.”
Hon argued that if genuine security concerns existed, “the retired Naval Officer ought, under the circumstances, to have engaged the civil police.” His comments highlight what he called a growing tendency among security personnel to undermine civilian authority under the pretext of superior orders.
Wike’s Constitutional Powers Clarified
The law professor emphasized that as FCT Minister, Wike exercises presidential powers over land administration in Abuja. He referenced Sections 297(2) and 302 of the 1999 Constitution (as amended), explaining that “the President of Nigeria has delegated all powers with respect to land administration in the FCT Abuja to the minister.”
“Going by constitutional and administrative law, therefore, Mr Wike stood in loco of the President of Nigeria and Commander-in-Chief of the Nigerian Armed Forces on that fateful day,” Hon said. “Consequently, even if the superior officer were still in service, he would not disobey Mr Wike or obstruct him from entering the land. This was an affront to the civil authority of Mr President.”
Wike’s Action Was Lawful, Says Hon
While acknowledging that Wike’s approach may have appeared brash, Hon defended the minister’s action as “legal and lawful in all respects.” He maintained that “it is the officer who obstructed him that has breached not just the Nigerian Constitution, but also service and extant regulatory laws.”
“For the avoidance of any doubt, Section 114 of the Armed Forces Act makes military personnel criminally liable for civil offences,” he said. “This means the officer in question could be arraigned before a Court Martial for obstructing a public officer from performing his public duties, et cetera.”
Call for Accountability and Caution
Hon warned against celebrating Yerima’s actions, saying such conduct, if left unchecked, could embolden security operatives to challenge civilian authority. “If such intolerable conduct by the young officer is not punished or is celebrated, this may unleash a reign of terror by the men in khaki against hapless civilians, with a grin or boast that ‘we did it to Wike and nothing happened,’” he cautioned.
Background of the Confrontation
The incident occurred at Plot 1946, Gaduwa District, where FCT officials, acting on Wike’s directive, attempted to enforce a stop-work order over the lack of title documents. A viral video from the scene showed Wike exchanging heated words with Yerima after soldiers allegedly blocked access to the land.
Speaking afterward, Wike said, “When they came here, I was informed that the military came to chase them away, and I thought they were acting illegally. I do not understand how somebody who attained that position sees that he has a problem and cannot approach my office to say, ‘look, this is what is going on,’ but simply because he is a military man, he could use that to intimidate Nigerians. I am not one who will succumb to blackmail or intimidation.”
The clash has sparked fresh discussion about civil-military relations, rule of law, and respect for constitutional authority in Nigeria’s capital.