A constitutional law expert, Prof. Sebastine Hon, SAN, has condemned the actions of Naval Officer A.M. Yerima in his recent confrontation with the Minister of the Federal Capital Territory (FCT), Nyesom Wike, over disputed land access in Abuja.
Prof. Hon described the officer’s conduct as a violation of the law, asserting that obstructing Wike’s access to the property could not be justified under any lawful military order. The comments were made in a detailed post on Facebook on Tuesday.
“Brushing sentiments aside, I hereby condemn in totality the actions of the Naval Officer, A.M. Yerima, who obstructed the FCT Minister from gaining access into that parcel of land, under the guise of ‘obeying superior orders,’” Hon wrote.
The senior lawyer highlighted Supreme Court rulings in Onunze v. State (2023) 8 NWLR (Pt. 1885) 61 and Nigeria Air Force v. James (2002) 18 NWLR (Pt. 798) 295, which affirm that military officers are not legally obliged to follow orders that are illegal or manifestly unjust.
He further explained that if security concerns were legitimate, the retired naval officer should have involved the civil police rather than resorting to confrontation with the FCTA team.
Prof. Hon emphasized that as FCT Minister, Wike wields the powers of the President over land administration in Abuja under Sections 297(2) and other provisions of the 1999 Constitution (as amended), reinforcing the minister’s legal authority to access the disputed property.
The legal opinion comes after reports that Minister Wike and FCTA officials clashed with soldiers while trying to access a land in Abuja, an incident that sparked widespread discussion on the limits of military authority in civil matters.
