Abuja land drama: Naval officer violated the law in clash with Wike — Sebastine Hon

A Senior Advocate of Nigeria and constitutional law scholar, Prof. Sebastine Hon, has faulted the conduct of Naval Officer A.M. Yerima during his confrontation with the Minister of the Federal Capital Territory, Nyesom Wike, describing the officer’s actions as a “breach of the law.”

In a Facebook post on Wednesday, Hon condemned Yerima’s attempt to obstruct the FCT minister’s access to a disputed plot of land in Abuja, saying such conduct could not be justified under any legitimate military directive.

He argued that while obedience to superior orders is a core principle in the military, it has limits recognised by the Supreme Court of Nigeria. Hon cited decisions in Onunze v. State (2023) 8 NWLR (Pt. 1885) 61 and Nigeria Air Force v. James (2002) 18 NWLR (Pt. 798) 295, which affirm that officers are not bound to carry out illegal or manifestly unjust orders.

According to him, “the illegality in that order stems primarily from the fact that no service law of the military permits a serving officer to guard the private construction site of his superior, particularly under questionable circumstances.” He maintained that if there were legitimate security concerns, “the retired Naval Officer ought to have engaged the civil police.”

Hon further explained that as Minister of the FCT, Wike exercises the powers of the President over land administration in Abuja under Sections 297(2) and 302 of the 1999 Constitution (as amended). He said this constitutional authority means Wike “stood in loco of the President of Nigeria and Commander-in-Chief of the Armed Forces” during the incident.

He noted that even if the officer’s superior were still in active service, he would still be obliged to defer to the minister’s lawful authority. “This was an affront to the civil authority of the President,” he said.

While acknowledging that Wike’s style might appear brash, the SAN insisted that the minister’s action was “legal and lawful in all respects,” whereas the officer’s interference violated both constitutional and service regulations.

He referenced Section 114 of the Armed Forces Act, which makes military personnel criminally liable for civil offences, adding that Yerima “could be arraigned before a Court Martial for obstructing a public officer from performing his duties.”

Hon warned against applauding the officer’s conduct, cautioning that such tolerance could embolden uniformed personnel to defy civil 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 against hapless civilians,” he warned.

The altercation occurred on Tuesday at Plot 1946, Gaduwa District, Abuja, where officials of the Federal Capital Territory Administration, acting on Wike’s orders, sought to enforce a stop-work and demolition directive over alleged lack of title documents.

A viral video of the confrontation showed the minister exchanging words with uniformed personnel reportedly guarding the site, believed to be linked to a former service chief.

Wike later told journalists that he had personally visited the site after learning that soldiers had resisted the enforcement team, insisting he would not yield to intimidation.

He said, “When they came here, I was informed that the military came to chase them away, and I thought they were acting illegally… I do not understand how somebody who attained that position sees that he has a problem and cannot approach my office… but simply because he is a military man, he could use that to intimidate Nigerians. I am not one who will succumb to blackmail or intimidation.”