A Senior Advocate of Nigeria (SAN) and constitutional law expert, Professor Sebastine Hon, has strongly condemned the actions of Naval Officer A.M. Yerima, who confronted the Minister of the Federal Capital Territory (FCT), Nyesom Wike, during a heated encounter over a disputed plot of land in Abuja.
In a statement shared via his Facebook page on Wednesday, Prof. Hon described the naval officer’s conduct as a clear violation of the law, noting that it undermined civil authority and the powers constitutionally vested in the FCT Minister.
> “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.
According to Hon, while military discipline emphasises obedience to superior orders, the Supreme Court of Nigeria has ruled that such obedience does not extend to illegal or manifestly unjust commands.
He cited key judgments — Onunze v. State (2023) 8 NWLR (Pt. 1885) 61 and Nigeria Air Force v. James (2002) 18 NWLR (Pt. 798) 295 — which establish that military officers are not bound to carry out unlawful instructions.
> “The illegality in that order stems primarily from the fact that no service law of the military permits a serving officer to mount guard at a private construction site belonging to his superior, particularly under suspicious circumstances,” he stated.
Prof. Hon further argued that if genuine security concerns existed, the appropriate agency to contact would have been the civil police, not serving naval personnel.
Highlighting the constitutional context, the legal scholar reminded the public that under Sections 297(2) and 302 of the 1999 Constitution (as amended), the FCT Minister exercises all presidential powers over land administration in Abuja.
> “By law, Mr Wike stands in loco of the President and Commander-in-Chief in matters relating to land administration in the FCT. Therefore,
any act of obstruction against him amounts to an affront to the authority of the President,” Hon added.
He acknowledged that while Wike’s approach might appear “brash,” the minister acted within his legal mandate, whereas the officer’s obstruction constituted both a constitutional and disciplinary breach.
Citing Section 114 of the Armed Forces Act, Hon emphasised that military personnel could face court-martial for committing civil offences such as obstructing a public officer from performing his duties.
The SAN warned against celebrating the officer’s defiance, cautioning that such behaviour, if left unchecked, could embolden uniformed personnel to disrespect civil institutions and endanger democracy.
> “If such intolerable conduct by the young officer is not punished or is celebrated, it may unleash a reign of terror by men in khaki against civilians — with the boast that ‘we did it to Wike and nothing happened,’” he warned.
The controversy stems from Tuesday’s confrontation between Wike and Naval Officer Yerima at Plot 1946, Gaduwa District, where the FCT Administration had moved to enforce a stop-work and demolition order over a lack of title documents.
Videos of the encounter have since gone viral, showing heated exchanges between Wike and uniformed naval personnel who allegedly blocked the minister’s team from entering the site.
Speaking after the incident, Wike condemned the obstruction, insisting he would not bow to intimidation or blackmail.
> “I do not understand how someone who has a problem with land cannot approach my office, but believes that because he is a military man, he can use that to intimidate Nigerians. I will not succumb to blackmail or intimidation,” the minister declared.
As public debate continues to swirl, the Nigerian Navy has yet to issue an official response to the incident.
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