Naval Officer Breached The Law In Clash With Wike

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Senior Advocate of Nigeria (SAN) and constitutional law expert, Professor Sebastine Hon, has condemned the actions of Naval Officer A.M. Yerima during his confrontation with FCT Minister Nyesom Wike, describing the officer’s conduct as a “breach of the law.”

In a post on his official Facebook page on Wednesday, Prof. Hon criticised Yerima for blocking Wike’s access to a disputed parcel of land in the Gaduwa District of Abuja, insisting that no military order could justify such obstruction.

“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,’” Hon wrote.

Obedience to Orders Has Limits

While acknowledging that obedience to superior orders is a core military principle, Hon stressed that such obedience is not absolute and must remain within constitutional and legal limits.

Citing legal precedents, including Onunze v. State (2023) 8 NWLR (Pt. 1885) 61 and Nigeria Air Force v. James (2002) 18 NWLR (Pt. 798) 295, he noted that the Supreme Court of Nigeria has consistently ruled that military personnel are not required to comply with illegal or manifestly unjust orders.

“The illegality in that order stems primarily from the fact that no service law of the military permits a serving military officer to mount guard at the private construction site of his boss, especially under suspicious circumstances like this,” Hon stated.

He further advised that if there were genuine security concerns, the retired officer should have engaged the civil police instead of the military.

Wike Acted Within Constitutional Powers

Prof. Hon also clarified that, under Nigerian law, the FCT Minister exercises presidential powers over land administration in Abuja pursuant to Sections 297(2) and 302 of the 1999 Constitution (as amended).

“By Section 302 of the Constitution, read together with other extant Acts of the National Assembly, the President of Nigeria has delegated all powers with respect to land administration in the FCT Abuja to the minister. Going by constitutional and administrative law, Mr. Wike stood in loco of the President of Nigeria and Commander-in-Chief of the Armed Forces on that day,” he explained.

Accordingly, Prof. Hon concluded that Wike acted within his legal rights, whereas the naval officer violated both constitutional and military regulations.

“Rather, it is the officer who obstructed him that has breached not just the Nigerian Constitution, but also service and extant regulatory laws,” he said.

Legal Consequences for Officer Yerima

Hon warned that under Section 114 of the Armed Forces Act, military personnel are criminally liable for civil offences, meaning Yerima could face a Court Martial for obstructing a public officer in the performance of official duties.

He cautioned against celebrating or condoning such behavior, stressing that doing so could embolden other security personnel to undermine 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 khaki against hapless civilians — with a grin or boast that ‘we did it to Wike and nothing happened,’” Prof. Hon warned.

This statement adds to a growing chorus of legal experts and civil society actors emphasizing civilian supremacy over the military in Nigeria and the need to uphold constitutional authority.