A Senior Advocate of Nigeria and constitutional law expert, Prof. Sebastine Hon, has criticised the actions of Naval Officer A.M. Yerima during his confrontation with the Minister of the Federal Capital Territory (FCT), Nyesom Wike, describing the officer’s conduct as a clear breach of the law and an affront to civil authority.
In a statement posted on Facebook on Wednesday, Prof. Hon condemned Yerima’s decision to block Wike’s access to a disputed plot of land in Abuja, saying his actions could not be justified under any lawful military order.
“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,’” Hon wrote.
He argued that while obedience to superior orders is fundamental in military service, it has legal limits established by the Supreme Court of Nigeria, citing the cases Onunze v. State (2023) and Nigeria Air Force v. James (2002), which state that military personnel are not bound to obey illegal or manifestly unjust orders.
Hon said the alleged order was unlawful, as “no service law of the military permits a serving officer to guard a private construction site belonging to a superior officer.” If there were legitimate security concerns, he added, “the retired naval officer ought to have engaged the civil police.”
The legal expert further explained that under Sections 297(2) and 302 of the 1999 Constitution (as amended), the FCT Minister exercises the President’s powers over land administration in Abuja.
“Going by constitutional and administrative law, Mr Wike stood in loco of the President and Commander-in-Chief of the Armed Forces. Consequently, even if the superior officer were still in service, he would not disobey Mr Wike or obstruct him. This was an affront to the civil authority of the President,” Hon stated.
While acknowledging that Wike’s approach might appear forceful, Hon maintained that the minister acted within the law, adding that the naval officer’s actions violated the Armed Forces Act, which holds military personnel criminally liable for civil offences.
“The officer in question could be arraigned before a Court Martial for obstructing a public officer from performing his lawful duties,” he said.
Hon cautioned against celebrating the officer’s defiance, warning that such behaviour, if unchecked, could embolden security personnel to challenge civil authority in the future.
The incident occurred at Plot 1946, Gaduwa District, Abuja, where FCT officials attempted to enforce a stop-work and demolition order due to a lack of title documents. Viral videos from the scene showed heated exchanges between Wike and the naval officer, as the minister accused the developers and security personnel of land grabbing.
Wike, speaking to reporters after the confrontation, said he would not be intimidated by anyone.
“It is really unfortunate. I do not understand how somebody who attained that position believes he can use his military background to intimidate Nigerians. I will not succumb to blackmail or intimidation,” the minister said.
