A constitutional lawyer and Senior Advocate of Nigeria, Prof. Sebastine Hon, has strongly condemned the actions of Naval Officer A.M. Yerima, who recently clashed with the Minister of the Federal Capital Territory (FCT), Barr. Nyesom Wike, during an attempt by the minister to access a disputed parcel of land in Abuja.
Hon, in a detailed legal statement issued on Tuesday, described the officer’s conduct as “a blatant breach of the law,” arguing that the justification of “obeying superior orders” could not stand under the Nigerian Constitution and Supreme Court precedents.
Quoting from the Supreme Court’s decision in Onunze vs. State (2023) 8 NWLR (Pt. 1885) 61 at 108 SC, Hon emphasized that the duty of obedience in military service does not extend to illegal or unjust orders.
“The obligation to obey the orders of a superior does not include orders that are palpably illegal or manifestly unjust,” the learned silk quoted Justice Ogunwunmiju, JSC, as stating in the ruling. “When an officer obeys palpably illegal orders, they become personally liable for their actions.”
Citing another precedent, Nigeria Air Force vs. James (2002) 18 NWLR (Pt. 798) 295 at 324 SC, Hon reiterated that military personnel remain subject to both civil and military laws, adding that no officer can claim protection for obeying “grossly illegal” directives.
According to Hon, there is no provision in any military regulation permitting a serving officer to guard a private construction site belonging to his superior, especially under questionable circumstances.
He further clarified that, constitutionally, all lands within the Federal Capital Territory belong to the Federal Government of Nigeria and are administered by the FCT Minister on behalf of the President, pursuant to Sections 297(2) and 302 of the 1999 Constitution.
“In that capacity, Mr. Wike represents the President and Commander-in-Chief of the Armed Forces. Even if the superior officer giving the instruction were still in service, it would have been unconstitutional to obstruct the minister,” he stated.
While acknowledging that Wike’s approach may appear forceful, Hon maintained that the minister acted within the ambit of the law.
He accused the naval officer of violating both the Constitution and the Armed Forces Act, citing Section 114 of the Act, which makes military personnel criminally liable for civil offences.
The senior advocate warned that failure to discipline the erring officer could embolden military personnel to challenge civilian authority with impunity.
“Celebrating the humiliation of Nyesom Wike because of personal dislike misses the point. If this conduct is left unchecked, it could encourage future acts of defiance against lawful civil authority. This is not the Nigeria of our dream,” he declared.
Hon concluded his statement by calling for firm action against the officer to reaffirm civilian supremacy and constitutional order.