Naval Officer Breached the Law in Clash with Wike — SAN

A Senior Advocate of Nigeria (SAN) and constitutional law expert, Prof. Sebastine Hon, has condemned the conduct of the naval officer who clashed with the Minister of the Federal Capital Territory (FCT), Nyesom Wike, during Tuesday’s confrontation over a disputed plot of land in Abuja.

Hon, in a statement shared via his official Facebook page on Wednesday, said the officer, identified as A.M. Yerima, breached Nigerian law by obstructing the minister and his team from gaining access to the site allegedly owned by former Chief of Naval Staff, Vice Admiral Awwal Gambo (retd.).

“Brushing sentiments aside, I condemn in totality the actions of the naval officer who obstructed the FCT Minister from gaining access into that parcel of land under the guise of ‘obeying superior orders,’” the SAN wrote, noting that no lawful directive justifies such an act.

Citing Supreme Court decisions in Onunze v. State (2023) and Nigeria Air Force v. James (2002), Hon explained that military personnel are not bound to obey illegal or manifestly unjust orders. He argued that Yerima’s actions fell into that category, as no military regulation authorises service members to guard private construction sites for retired officers.

“The illegality in that order stems from the fact that no service law of the military permits a serving officer to mount guard at a private site, especially under such suspicious circumstances,” Hon stated, adding that any security concern should have been referred to the civil police.

He further stressed that, under the 1999 Constitution (as amended), the FCT Minister exercises presidential authority over land administration in Abuja.

“By Section 302 of the Constitution, read together with other Acts, the President has delegated those powers to the FCT Minister. In that context, Mr Wike stood in the place of the President and Commander-in-Chief,” he said. “Therefore, obstructing him was an affront to the civil authority of the President of Nigeria.”

While acknowledging that Wike’s tone during the exchange might have been harsh, Hon maintained that the minister acted within his constitutional powers. “It is rather the officer who breached not only the Constitution but also the Armed Forces Act and other service laws,” he added.

He warned that celebrating such defiance could embolden security operatives to undermine civil authority. “If this conduct is ignored or glorified, it could lead to a dangerous culture where uniformed men boast that ‘we did it to Wike and nothing happened.’ That will be tragic for democracy,” he cautioned.

The senior lawyer also said the officer could face disciplinary action before a Court Martial, as Section 114 of the Armed Forces Act makes military personnel criminally liable for civil offences, including obstruction of a public officer.

Tuesday’s clash between Wike and armed personnel occurred at Plot 1946, Gaduwa District, Abuja, when FCTA officials attempted to enforce a stop-work order over alleged illegal development. The encounter, captured on video, showed a heated verbal exchange between Wike and Yerima, drawing widespread public attention.

Addressing journalists after the incident, Wike reiterated his commitment to upholding Abuja’s master plan and vowed not to be intimidated. “I will not succumb to blackmail or threats. No one is above the law,” he declared.