A Senior Advocate of Nigeria (SAN) and constitutional law expert, Prof. Sebastine Hon, has condemned 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 “breach of the law.”
In a statement on Facebook on Wednesday, Hon criticized Yerima for obstructing Wike’s access to a disputed plot of land in Abuja, saying such actions cannot be justified under any lawful military order.
“Brushing sentiments aside, I hereby condemn in totality the actions of Naval Officer A.M. Yerima, who blocked the FCT Minister from gaining access to that parcel of land under the guise of ‘obeying superior orders,’” Hon wrote.
He cited Supreme Court rulings in Onunze v. State (2023) 8 NWLR (Pt. 1885) 61 and Nigeria Air Force v. James (2002) 18 NWLR (Pt. 798) 295, which established that military personnel are not bound to obey illegal or manifestly unjust orders.
“The illegality in that order stems primarily from the fact that no military service law permits a serving officer to guard a private construction site of his superior, especially under suspicious circumstances. If security concerns existed, the retired Naval Officer ought to have engaged the civil police,” Hon added.
The SAN further emphasized that, as FCT Minister, Wike exercises the delegated powers of the President over land administration in Abuja, pursuant to Sections 297(2) and 302 of the 1999 Constitution (as amended). Hon stressed that Wike, in this instance, acted in loco of the President and Commander-in-Chief of the Armed Forces, making any obstruction by the officer a violation of civil authority.
“Even if the superior officer were still in service, he would not have disobeyed or obstructed Mr. Wike from entering the land. This was an affront to civil authority and a breach of both the Nigerian Constitution and military regulations,” Hon said.
He warned that failing to address such conduct could embolden security personnel to disrespect civil authority. “If such acts are celebrated or ignored, it may unleash a reign of impunity, with officers believing they can intimidate civilians with no consequences,” he concluded.
The legal opinion comes in the wake of Tuesday’s confrontation at Plot 1946, Gaduwa District, Abuja, where FCT officials attempted to enforce a stop-work/demolition order over lack of title documents. Videos circulating on social media show Wike and his team being blocked by uniformed personnel and engaging in heated exchanges with Yerima.
Speaking after the incident, Wike accused the officers and land developers of land grabbing and vowed not to be intimidated. “I do not understand how someone in that position thinks he can intimidate Nigerians simply because he is a military officer. I will not succumb to blackmail or intimidation,” he said.
