By DAYO ADESULU
Legal Expert Condemns Officer’s Action Against FCT Minister
A Senior Advocate of Nigeria (SAN) and constitutional law expert, Prof. Sebastine Hon, has criticised the actions of Naval Officer A.M. Yerima, who recently clashed with the Minister of the Federal Capital Territory, Nyesom Wike, over a disputed plot of land in Abuja.
Hon described the officer’s conduct as a “gross breach of the law”, saying it undermines civil authority and the constitutional powers of the minister representing the President in the FCT.
Reacting in a detailed Facebook post on Wednesday, the senior lawyer said Yerima’s obstruction of Wike’s access to the site “cannot 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,’” he wrote.
Supreme Court Has Ruled Against Illegal Military Orders — Hon
Citing previous rulings of the Supreme Court of Nigeria, including Onunze v. State (2023) and Nigeria Air Force v. James (2002), Hon argued that “no officer is bound to obey an illegal or manifestly unjust order.”
He explained that, under Nigerian law, military obedience is not absolute and cannot extend to personal or illegal instructions.
“The illegality in that order stems from the fact that no service law of the military permits a serving officer to mount guard at the private construction site of his superior, especially under suspicious circumstances like this,” Hon noted.
He said that if security concerns truly existed, the retired officer linked to the property “should have requested the assistance of the civil police,” not military personnel.
Wike Acts with Presidential Authority Over FCT Lands
Prof. Hon further emphasised that Wike, as Minister of the Federal Capital Territory, exercises the constitutional powers of the President in land administration within Abuja.
Quoting Sections 297(2) and 302 of the 1999 Constitution (as amended), he explained that the President’s powers over FCT land matters are legally delegated 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 Armed Forces on that day,” Hon stated.
“Even if the superior officer were still in service, he could not lawfully obstruct or disobey the minister. It was an affront to the civil authority of the President.”
While admitting that Wike’s style might appear aggressive, Hon insisted his action in the Abuja confrontation was “lawful and constitutional,” unlike that of the naval officer, which “breached both the Nigerian Constitution and military regulations.”
Possible Disciplinary Measures Under Armed Forces Act
According to Hon, Section 114 of the Armed Forces Act makes every military personnel criminally liable for civil offences, meaning that Officer Yerima could face a court-martial for obstructing a public officer in the discharge of official duties.
He warned that celebrating or excusing such disobedience could embolden other security personnel to undermine civilian authority.
“If such intolerable conduct by the young officer is not punished or is celebrated, this may unleash a reign of terror by men in uniform — with a grin or boast that ‘we did it to Wike and nothing happened,’” the law professor cautioned.
Background: Clash Over Plot 1946, Gaduwa District
The confrontation took place on Tuesday at Plot 1946, Gaduwa District, Abuja, when officials of the Federal Capital Territory Administration (FCTA) moved to enforce a stop-work and demolition order on a construction site reportedly lacking valid title documents.
Video footage that surfaced online showed Minister Wike and his team being blocked by uniformed naval personnel as a heated exchange ensued.
Wike accused the military personnel and the site’s developers of land grabbing, insisting that no individual, regardless of rank or influence, could intimidate him from enforcing FCTA regulations.
“I am not one who will succumb to blackmail or intimidation,” Wike said during a press briefing after the incident.
“If someone has an issue, he should approach my office, not hide behind the military to intimidate Nigerians.”
Reactions and Public Discourse
The incident has sparked widespread debate, with legal minds, activists, and political figures weighing in.
While some, like activist Omoyele Sowore, accused the military of “misplaced priorities,” others, including APC chieftain Joe Igbokwe, backed Wike’s stance, urging the government to defend civil authority over military impunity.
For Hon, the matter goes beyond politics — it is a test of Nigeria’s commitment to constitutional order and the supremacy of civilian authority.
Bottom Line
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Prof. Sebastine Hon says Officer A.M. Yerima’s actions were unlawful and violated both the Nigerian Constitution and the Armed Forces Act.
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He affirms that Wike acted within his constitutional powers as FCT Minister and representative of the President.
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The incident underscores the need for strict respect for civil authority and the rule of law in Nigeria’s democracy.
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