A Senior Advocate of Nigeria and constitutional law expert, Prof. Sebastine Hon, has criticized the actions of Naval Officer A.M. Yerima during a confrontation with the Minister of the Federal Capital Territory (FCT), Nyesom Wike, describing them as unlawful.
In a Facebook post on Wednesday, Hon condemned Yerima for obstructing Wike’s access to a disputed land in Abuja, saying the officer’s claim of acting on “superior orders” does not justify illegal conduct.
“The duty of a junior officer to obey superior orders, though upheld in military practice, has limitations recognised by the Supreme Court of Nigeria,” Hon wrote.
He cited Supreme Court rulings, including Onunze v. State (2023) and Nigeria Air Force v. James (2002), which establish that military personnel are not required to follow manifestly illegal or unjust orders.
Hon stated that no military law permits a serving officer to guard a private construction site for a superior, adding that civil police should have been engaged if security concerns existed.
He further noted that as FCT Minister, Wike exercises presidential powers over land administration in Abuja under Sections 297(2) and 302 of the 1999 Constitution (as amended), meaning Wike acted with full legal authority during the enforcement.
“Even if the superior officer were still in active service, he would not be justified in obstructing Mr. Wike,” Hon said. “The officer’s actions breached the Constitution, service laws, and regulatory statutes.”
Hon warned that condoning such behavior could embolden security personnel to challenge civil authority, potentially undermining public order. He also noted that Section 114 of the Armed Forces Act holds military personnel criminally liable for civil offenses, including obstructing public officers.
The comments follow a tense confrontation on Tuesday at Plot 1946, Gaduwa District, Abuja, where FCT officials attempted to enforce a stop-work order over a land dispute. Videos circulating on social media showed Wike being blocked by uniformed personnel while exchanging heated words with Yerima.
Addressing the press after the incident, Wike accused the officers of supporting land grabbing and vowed not to be intimidated. “I am not one who will succumb to blackmail or intimidation,” he said, emphasizing the legality of his actions in enforcing FCT directives.