In a strongly worded reaction to a recent confrontation between a naval officer and the Minister of the Federal Capital Territory (FCT), Prof. Sebastine Hon, a Senior Advocate of Nigeria (SAN) and a constitutional law expert, condemned the actions of Naval Officer A.M. Yerima for unlawfully obstructing Minister Nyesom Wike’s access to a disputed land site in Abuja.
The incident occurred at Plot 1946, Gaduwa District, when FCT officials, under Minister Wike’s directive, attempted to enforce a stop-work and demolition order due to the lack of title documents. Video footage circulating on social media showed Officer Yerima blocking the Minister’s entry while citing his supposed obligation to obey superior orders. However, Hon rejected this defense, emphasizing legal limits on obedience within military ranks.
“The duty of a junior officer to obey superior orders, while generally upheld in military and paramilitary circles, has clear limitations recognized only by the Supreme Court of Nigeria,” Prof. Hon wrote in a Facebook post.
He cited key Supreme Court decisions, including Onunze v. State (2023) and Nigeria Air Force v. James (2002), establishing that military officers are not bound to follow illegal or manifestly unjust orders.
Hon explained that the illegality in this case stems from the fact that military regulations do not authorize personnel to mount guard at a private construction site, particularly under suspicious and contested circumstances. “If security concerns existed, the retired naval officer ought to have engaged the civil police,” he added.
Regarding Minister Wike’s authority, Hon stressed the constitutional backing for the Minister’s powers over land administration within the FCT, pursuant to Sections 297(2) and 302 of the 1999 Constitution (as amended). “The President of Nigeria has delegated all powers relating to land administration in the FCT to the Minister,” Hon stated.
“Therefore, Minister Wike stood in loco of the President and Commander-in-Chief of the Nigerian Armed Forces on that day.” Hon insisted that even if the superior officer ordering the obstruction were still in service, he would have no lawful basis to disobey or obstruct Minister Wike.
Hon warned that the officer’s conduct constituted a breach of the Nigerian Constitution, service laws, and extant regulations, exposing him to potential criminal liability under Section 114 of the Armed Forces Act. “The officer could be arraigned before a Court Martial for obstructing a public officer from performing public duties,” Hon noted.
The law professor cautioned that condoning such actions could encourage a dangerous culture within security forces, enabling disrespect for civil authority and potentially terrorizing civilians with impunity. “If such intolerable conduct is not punished or is celebrated, it may unleash a reign of terror by men in khaki against hapless civilians,” he concluded.
Minister Wike, speaking after the standoff, condemned the military’s interference and vowed not to be intimidated. He recounted being informed that military personnel had taken over the disputed site unlawfully. “I do not understand how someone who has reached that position cannot approach my office about any issue but chooses to intimidate Nigerians using his military status. I will not succumb to blackmail or intimidation,” he asserted.
The confrontation has sparked widespread public and legal discourse over the limits of military obedience, respect for civil authority, and the rule of law in Nigeria.
