Prof. Sebastine Hon says naval officer’s obstruction of FCT Minister Wike in Abuja violates Nigerian law, warns against condoning disrespect for civil authority
Senior Advocate of Nigeria and constitutional law expert, Prof. Sebastine Hon, has criticized Naval Officer A.M. Yerima for obstructing FCT Minister Nyesom Wike at a disputed land site in Abuja, describing the conduct as a “breach of the law.”
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In a Facebook post on Wednesday, Hon condemned the officer’s actions, arguing that obeying superior orders does not justify illegal conduct.
“The duty of a junior officer to obey the orders of his superiors has limitations recognised by no other authority but the Supreme Court of Nigeria,” Hon stated, citing rulings in Onunze v. State (2023) 8 NWLR (Pt. 1885) 61 and Nigeria Air Force v. James (2002) 18 NWLR (Pt. 798) 295.
Hon explained that military personnel are not legally permitted to guard private construction sites on behalf of superiors, especially in “suspicious circumstances,” and that civil police should have been engaged if security concerns existed.
He further noted that as FCT Minister, Wike exercises presidential powers over land administration in Abuja under Sections 297(2) and 302 of the 1999 Constitution (as amended).
“Consequently, even if the superior officer were still in service, he would not disobey Mr. Wike or obstruct him from entering the land. This was an affront to the civil authority of Mr President,” Hon added.
While acknowledging that Wike’s method at the site may have appeared brash, the law professor emphasized that the minister’s actions were legal and lawful, and it was the naval officer who violated constitutional, service, and regulatory laws.
“Section 114 of the Armed Forces Act makes military personnel criminally liable for civil offences. This means the officer could be arraigned before a Court Martial for obstructing a public officer from performing his duties,” Hon warned.
He cautioned that celebrating or condoning such actions could encourage security personnel to disrespect civil authority in the future.
The confrontation occurred at Plot 1946, Gaduwa District, Abuja, when FCT officials attempted to enforce a stop-work/demolition order over missing title documents. Video footage showed Wike being blocked and exchanging heated words with the naval officer.
Addressing the press after the incident, Wike accused the military and developers of land grabbing and reaffirmed his determination not to be intimidated.
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“I am not one who will succumb to blackmail or intimidation,” Wike said, recounting how the military had previously intervened to prevent enforcement of FCT directives.
