A Senior Advocate of Nigeria and constitutional law expert, Prof. Sebastine Hon, has faulted the conduct of Naval Officer A.M. Yerima during his confrontation with the Minister of the Federal Capital Territory, Nyesom Wike, describing the officer’s action as a clear breach of Nigerian law.
Reacting to the incident in a Facebook post on Wednesday, Hon condemned Yerima’s decision to obstruct Wike’s access to a disputed parcel of land in Abuja, saying the act could not be justified under any lawful military order. According to him, the claim of “obeying superior orders” does not excuse disobedience to constitutional authority.
Hon cited landmark Supreme Court decisions — Onunze v. State (2023) 8 NWLR (Pt. 1885) 61 and Nigeria Air Force v. James (2002) 18 NWLR (Pt. 798) 295 — which, he said, firmly establish that military officers are not bound to obey manifestly unlawful or unjust orders. He explained that no service law permits a serving officer to mount guard at a private construction site belonging to his superior, describing such conduct as illegal. If security concerns truly existed, he added, “the retired Naval Officer ought, under the circumstances, to have engaged the civil police.”
The constitutional lawyer also clarified that under Sections 297(2) and 302 of the 1999 Constitution (as amended), the FCT Minister exercises powers delegated by the President in matters of land administration within the capital territory. He emphasized that Wike therefore “stood in loco of the President and Commander-in-Chief of the Nigerian Armed Forces” on that day, making any obstruction of his duties an affront to civil authority.
While admitting that Wike’s approach may appear brash, Hon maintained that the minister acted lawfully and within his constitutional mandate, whereas the officer “breached not just the Nigerian Constitution but also service and regulatory laws.” He pointed out that Section 114 of the Armed Forces Act makes military personnel criminally liable for civil offences, meaning Yerima could face a court martial for obstructing a public officer in the performance of his duty.
Hon warned that celebrating such acts of insubordination could embolden other security operatives to disrespect civil 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.
The lawyer’s statement comes amid widespread debate over Tuesday’s confrontation between Wike and the naval officer at Plot 1946, Gaduwa District, Abuja, where officials of the Federal Capital Territory Administration attempted to enforce a stop-work and demolition order on an allegedly illegal construction site. Video footage of the altercation, now viral on social media, shows the minister and uniformed personnel exchanging heated words as the officers blocked his team from entering the premises.
Addressing journalists after the incident, Wike accused the developers and some military figures of land grabbing and intimidation, insisting he would not bow to pressure or blackmail. “I do not understand how someone who has issues with land would not approach my office but instead use military power to intimidate Nigerians. I will not be intimidated or blackmailed,” the minister declared.
