A Senior Advocate of Nigeria (SAN) and constitutional law expert, Prof. Sebastine Hon, has criticized the conduct of Naval Officer A.M. Yerima in his confrontation with the Minister of the Federal Capital Territory (FCT), Nyesom Wike, describing the officer’s actions as a “breach of the law.”
In a Facebook post on Wednesday, Hon condemned Yerima for blocking Wike’s access to a disputed plot of land in Abuja, stating that the action could not be justified under any lawful military directive.
“Brushing sentiments aside, I condemn in totality the actions of 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,’” Hon said.
He noted that while obedience to superior officers is a key military principle, the Supreme Court of Nigeria has ruled that soldiers are not obligated to obey illegal or unjust orders. Hon referenced Onunze v. State (2023) and Nigeria Air Force v. James (2002) as legal precedents.
“No service law allows a serving military officer to guard the private construction site of his superior, especially under suspicious circumstances,” he added.
According to Hon, if security concerns truly existed, the retired naval officer involved should have contacted the civil police rather than deploy military personnel.
He emphasized that under Sections 297(2) and 302 of the 1999 Constitution (as amended), the FCT Minister exercises powers delegated by the President regarding land administration in Abuja. Therefore, Wike was acting on behalf of the President and Commander-in-Chief.
“Even if the superior officer were still in service, he could not lawfully obstruct Mr. Wike. Doing so amounts to an affront to the authority of the President,” he stated.
While acknowledging that Wike’s approach may have been assertive, Hon insisted the minister’s actions were legal and within his constitutional powers, whereas the naval officer’s obstruction violated both civil and military laws.
He cited Section 114 of the Armed Forces Act, which makes military personnel criminally liable for civil offences, noting that Yerima could face Court Martial proceedings for obstructing a public officer.
Hon also warned against celebrating the incident, cautioning that failure to discipline the officer could embolden others to defy civil authority.
“If such conduct goes unpunished, it could unleash a reign of terror by men in uniform against civilians, with the excuse that ‘we did it to Wike and nothing happened,’” he warned.
The confrontation occurred on Tuesday at Plot 1946, Gaduwa District, Abuja, when officials of the FCT Administration, acting under Wike’s orders, attempted to enforce a stop-work and demolition directive on a site lacking proper title documents.
Videos circulating on social media showed Wike and his team being blocked by armed personnel, leading to a heated exchange. The minister accused the officers and developers of land grabbing and vowed not to be intimidated.
Speaking after the encounter, Wike said “When I was informed that the military had taken over the place, I came personally. It is unfortunate that someone would use his military background to intimidate Nigerians. I will not succumb to blackmail or intimidation.”
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