A Senior Advocate of Nigeria (SAN) and constitutional law scholar, Prof. Sebastine Hon, has strongly criticized Naval Officer A.M. Yerima for blocking Federal Capital Territory (FCT) Minister Nyesom Wike from accessing a disputed plot in Abuja, labeling the action a clear violation of the law.
In a Facebook post on Wednesday, Hon rejected Yerima’s claim of acting under “superior orders,” asserting that no lawful military directive could justify impeding the minister’s statutory duties.
“Setting aside sentiments, I condemn in its entirety the conduct of Naval Officer A.M. Yerima, who prevented the FCT Minister from entering the land under the pretext of obeying superior orders,” Hon wrote. “While obedience to superiors is a cornerstone of military discipline, the Supreme Court of Nigeria has firmly established its limits.”
Citing landmark judgments in Onunze v. State (2023) 8 NWLR (Pt. 1885) 61 and Nigeria Air Force v. James (2002) 18 NWLR (Pt. 798) 295, Hon emphasized that military personnel are not obligated to follow illegal or manifestly unjust commands.
“The order’s illegality arises chiefly because no military service law authorizes an active-duty officer to guard the private construction site of a superior—particularly under these suspicious circumstances,” he argued. “If genuine security concerns existed, the retired naval officer involved should have involved the civil police.”
Hon underscored Wike’s constitutional authority, noting that under Sections 297(2) and 302 of the 1999 Constitution (as amended), the President has delegated full powers over FCT land administration to the minister.
“On that day, Mr. Wike acted in loco parentis to the President and Commander-in-Chief of the Armed Forces,” Hon stated. “Even a serving superior officer could not lawfully obstruct him. This was a direct affront to civilian authority.”
While acknowledging Wike’s confrontational style, Hon maintained that the minister’s actions were “legal and lawful in every respect.” In contrast, he said, Yerima’s obstruction violated the Constitution, military regulations, and Section 114 of the Armed Forces Act, which holds service personnel criminally liable for civil offenses.
“The officer could face court-martial for obstructing a public official in the discharge of his duties,” Hon warned.
He cautioned against glorifying the incident, predicting that impunity could erode civilian oversight of the military.
“If this young officer’s intolerable conduct is celebrated or goes unpunished, it may embolden security forces to terrorize civilians—boasting, ‘We did it to Wike and nothing happened,’” he concluded.
Background to the Clash
The controversy stems from a heated confrontation on Tuesday at Plot 1946, Gaduwa District, Abuja, where FCT officials, acting on Wike’s directive, attempted to enforce a stop-work and demolition order due to missing title documents.
Widely circulated video footage shows uniformed personnel blocking Wike’s convoy, leading to a tense exchange with Officer Yerima. The minister accused the developers and military personnel of land-grabbing and vowed not to yield to intimidation.
Speaking to journalists afterward, Wike said: “I was informed the military chased away my team earlier. Today, when they returned to enforce my directive, the military had taken over the site. I had to come myself.
“I don’t understand how a senior officer, facing an issue, fails to approach my office but uses military status to intimidate Nigerians. I will not succumb to blackmail.”
The incident has sparked widespread debate, with Hon’s intervention adding legal weight to calls for accountability and respect for civilian authority.
