A Senior Advocate of Nigeria and constitutional law expert, Prof. Sebastine Hon, has faulted the conduct of Naval Officer A.M. Yerima in his confrontation with the Minister of the Federal Capital Territory, Nyesom Wike, describing the officer’s actions as a “breach of the law” The Punch reports.
Reacting to the incident in a Facebook post on Wednesday, Hon condemned the officer’s decision to obstruct Wike’s access to a disputed plot of land in Abuja, saying the act could not be justified under any lawful military order.
“Setting emotions aside, I unequivocally denounce the conduct of Naval Officer A.M. Yerima, who blocked the FCT Minister from entering the land, claiming he was ‘following superior orders,’” Hon stated.
He emphasised that while obedience to superiors is a core principle in military and paramilitary institutions, it is not absolute and is subject to limitations recognized by the Supreme Court of Nigeria.
Referencing legal precedents such as Onunze v. State (2023) and Nigeria Air Force v. James (2002), Hon argued that military personnel are not bound to obey illegal or manifestly unjust orders.
He pointed out that the questionable nature of the order lies in the absence of any military regulation that authorizes an active-duty officer to guard a private construction site belonging to a superior, particularly under dubious circumstances.
Hon further remarked that if there were genuine security concerns, the retired officer should have involved the civil police instead.
He also clarified that under Sections 297(2) and 302 of the 1999 Constitution (as amended), the FCT Minister holds delegated presidential authority over land matters in Abuja, effectively acting in the President’s stead.
“From a constitutional and administrative standpoint, Mr. Wike was representing the President and Commander-in-Chief on that day,” Hon explained.
He added that even if Yerima’s superior were still serving, he would have no grounds to defy Wike or prevent him from accessing the land, calling the act a direct challenge to presidential authority.
While conceding that Wike’s approach may have appeared forceful, Hon maintained that the minister’s actions were entirely within the bounds of legality.
He argued that it was Yerima who violated both the Constitution and applicable military regulations, noting that Section 114 of the Armed Forces Act holds service members criminally accountable for civil infractions.
According to Hon, Yerima could face a Court Martial for obstructing a public official in the execution of his duties.
He concluded with a warning against glorifying the incident, cautioning that such tolerance could embolden uniformed personnel to undermine civilian authority.
“If this kind of unacceptable behavior goes unpunished or is celebrated, it could pave the way for uniformed men to terrorize civilians — proudly declaring, ‘We did it to Wike and got away with it,’’ Hon warned. View, More,
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