A Senior Advocate of Nigeria (SAN), Prof. Sebastine Hon, has condemned the conduct of a naval officer, A.M. Yerima, during a confrontation with the Minister of the Federal Capital Territory (FCT), Nyesom Wike, describing it as a gross affront to the civil authority of President Bola Tinubu.

In a statement yesterday, Hon said the officer’s action amounted to insubordination against constituted authority and a violation of both the Constitution and service laws.

The legal scholar faulted Yerima’s decision to prevent the minister from gaining access to a disputed parcel of land in Abuja on the grounds of “obeying superior orders,” insisting that such an excuse had no basis in law.

“Brushing sentiments aside, I condemn in totality the actions of the naval officer, A.M. Yerima, who obstructed the FCT minister from accessing the land under the guise of obeying superior orders,” Hon said.

He explained that while obedience to superior orders is a cardinal military principle, it is not absolute.
Citing Onunze vs. State (2023) 8 NWLR (Pt. 1885) 61, the SAN noted that an officer is not bound to obey illegal or manifestly unjust orders.

According to him, every military or police officer takes an oath to preserve and defend the Constitution — not to execute unlawful directives.
“When an officer obeys palpably illegal orders, they become personally liable for their actions,” he said.

Hon further referenced Nigeria Air Force vs. James (2002) 18 NWLR (Pt. 798) 295, where the Supreme Court affirmed that military personnel remain under civilian authority and cannot hide under illegal orders.

“No service law of the military permits a serving officer to mount guard at the private construction site of his boss, especially under questionable circumstances like this,” he added.

The senior lawyer stressed that under Section 302 of the Constitution, the President delegates all powers of land administration in the FCT to the Minister, who functions as the equivalent of a state governor.

“By constitutional and administrative law, Wike stood in loco the President and Commander-in-Chief on that day. Therefore, obstructing him was an affront to the authority of the President,” Hon said.

He maintained that the officer’s conduct not only undermined the rule of law but also breached the Armed Forces Act, noting that under Section 114, military personnel are criminally liable for civil offences.

Hon warned against politicising the incident, saying, “Celebrating the humiliation of Nyesom Wike simply because he is unpopular in some quarters misses the real issue — the sanctity of civil authority.”

The confrontation, which occurred on Tuesday at Plot 1946, Buffer Transit, Southern Parkway, Gaduwa District, saw Wike and officials of the FCT Administration prevented from carrying out a demolition exercise on a site linked to a retired Chief of Naval Staff.

In a video that has since gone viral, the minister was seen engaging military personnel who blocked FCTA bulldozers from entering the property.
Wike accused the officers of protecting illegal development, while they claimed to be acting on official orders.

The Minister of Defence, Mohammed Abubakar, later said the government would protect any officer performing lawful duties, stressing that “no one will be punished for doing their job legitimately.”

Wike, however, maintained that no act of “lawlessness or intimidation” would be tolerated in the nation’s capital, insisting that the land belongs to the Federal Capital Territory Administration.