A Senior Advocate of Nigeria (SAN) and constitutional law expert, Professor Sebastine Hon, has faulted the conduct of naval officer A.M. Yerima during his face-off with the Minister of the Federal Capital Territory (FCT), Nyesom Wike, describing it as a “breach of the law.”
Reacting in a Facebook post on Wednesday, Hon condemned Yerima’s decision to obstruct the minister’s access to a disputed parcel of land in Abuja, stressing that such an act 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,’” he wrote.
The SAN explained that while obedience to superior orders is a core military principle, it is not absolute. Citing Supreme Court decisions in Onunze v. State (2023) and Nigeria Air Force v. James (2002), Hon noted that military personnel are not obliged to obey illegal or manifestly unjust directives.
“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 the private construction site of his boss, especially under suspicious circumstances like this,” he stated, adding that any legitimate security concern should have been handled by the civil police.
Hon further emphasised that as FCT Minister, Wike exercises presidential authority over land administration in Abuja, pursuant to Sections 297(2) and 302 of the 1999 Constitution (as amended).
“By law, the President has delegated all powers concerning land administration in the FCT to the minister,” he said. “Therefore, Mr Wike stood in loco of the President and Commander-in-Chief of the Nigerian Armed Forces on that fateful day. This means that obstructing him was an affront to the civil authority of the President.”
He maintained that while Wike’s approach might appear brash, his actions were lawful, unlike those of the naval officer.
“It is the officer who obstructed him that has breached not just the Nigerian Constitution, but also service and regulatory laws,” Hon noted.
Quoting Section 114 of the Armed Forces Act, Hon warned that military personnel could face court-martial for civil offences, including obstructing a public officer from performing official duties.
He also cautioned against glorifying the officer’s behaviour, warning that unchecked acts of defiance could embolden other security operatives to disrespect civil authorities.
“If such intolerable conduct by the young officer is not punished or is celebrated, it may unleash a reign of terror by men in uniform against civilians — with a grin or boast that ‘we did it to Wike and nothing happened,’” he warned.
The SAN’s remarks come amid public debate following Tuesday’s confrontation between Wike and Yerima at Plot 1946, Gaduwa District, Abuja.
The clash occurred when officials of the Federal Capital Territory Administration (FCTA), acting on Wike’s directives, attempted to enforce a stop-work order on a property allegedly lacking title documents.
Viral videos showed the minister exchanging heated words with uniformed naval personnel who blocked his access to the site.
Wike later told journalists that he would not be intimidated or blackmailed, insisting that his actions were in line with FCTA regulations.
“When they came here, I was informed that the military came to chase them away, and I thought they were acting illegally,” Wike said. “I do not understand how someone who attained that position believes he can use his uniform to intimidate Nigerians. I am not one who will succumb to blackmail or intimidation.”
