Wike vs Naval Officer: Disobedience to civil authority, says SAN

A Senior Advocate of Nigeria (SAN) and constitutional law expert, Professor Sebastine Hon, has said that the naval officer who clashed with the Minister of the Federal Capital Territory (FCT), Nyesom Wike, acted against the law.

In a Facebook post on Wednesday, Hon said the officer, A.M. Yerima, should not have stopped Wike from entering a piece of land in Abuja. He explained that the officer’s action could not be justified, even if he claimed to be obeying a superior’s order.

According to Hon, military officers must not follow illegal orders. He referred to two Supreme Court cases Onunze v. State (2023) and Nigeria Air Force v. James (2002)  which state that soldiers are not required to obey unlawful commands.

He said it was wrong for any military officer to guard a private construction site, especially one belonging to a senior officer, calling the action “illegal.”
Hon added that if there were security concerns, the retired naval officer should have contacted the police instead.

The law professor also explained that, by law, the FCT minister represents the President of Nigeria when it comes to land matters in Abuja.

“Wike, as FCT Minister, has the same powers as the President concerning land administration in Abuja. So, stopping him was like disobeying the President,” he said.

While admitting that Wike’s approach might seem harsh, Hon said his actions were legal. He argued that the naval officer, not Wike, violated the constitution and military laws.

Hon also pointed to Section 114 of the Armed Forces Act, which says soldiers can be punished for breaking civil laws. He warned that if the officer’s behavior is not punished, it could encourage other military men to challenge civilian authority.

“If this kind of behavior is ignored or celebrated, it may lead to soldiers disrespecting civilians, thinking they can get away with it,” he warned.

The confrontation happened at a disputed plot of land in Gaduwa District, Abuja. Wike and officials of the FCT Administration went to enforce a stop-work order because the developers had no legal documents. Videos on social media showed Wike exchanging words with soldiers at the site.

After the incident, Wike told reporters he would not be intimidated. He said it was unfortunate that some military officers use their position to harass civilians.

“I will not bow to blackmail or intimidation,” Wike said.

The clash has sparked wide public debate, with many Nigerians expressing different opinions about the actions of both men.