Wike: Naval Officer’s Conduct Affront To Tinubu, Says SAN

A constitutional lawyer and Senior Advocate of Nigeria, Prof. Sebastine Hon, has faulted the conduct of Naval officer A.M. Yerima in his recent faceoff with the Minister of the Federal Capital Territory (FCT), Nyesom Wike.

In a statement on Wednesday, Hon described it as a “gross affront to the civil authority of the President of the Federal Republic of Nigeria.”

He said Yerima’s decision to obstruct the minister from accessing a parcel of land in Abuja under the pretext of “obeying superior orders” was not only illegal but a violation of both constitutional and service laws.

“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,” the Senior lawyer said.

He explained that while obedience to superior orders is a core military principle, it has legal limitations that have been clearly defined by the Supreme Court. Citing the case of Onunze vs. State (2023) 8 NWLR (Pt. 1885) 61 at 108 SC, Hon noted that “the obligation to obey the orders of a superior does not include orders that are palpably illegal or manifestly unjust.”

According to him, “Every military or police officer swears an oath upon commissioning — not to obey all orders, but to ‘preserve, protect and defend the Constitution of the Federal Republic of Nigeria against all enemies, foreign and domestic.’ When an officer obeys palpably illegal orders, they become personally liable for their actions.”

The legal scholar further cited Nigeria Air Force vs. James (2002) 18 NWLR (Pt. 798) 295, where the Supreme Court reaffirmed that military personnel remain subject to civilian authority and cannot hide under illegal orders.

“A soldier is only bound to obey lawful orders and is responsible if he obeys an order not strictly lawful,” Hon quoted the apex court as saying.

He maintained that the military officer’s presence at the private construction site of a retired superior officer was unjustifiable under any service law.

“No service law of the military permits a serving military officer to mount guard at the private construction site of his boss, especially under suspicious circumstances like this,” Hon stated.

The senior advocate stressed that the FCT Minister, as the equivalent of a state governor, exercises powers delegated directly by the President over all lands in Abuja.

“By section 302 of the Constitution, the President of Nigeria has delegated all powers with respect to land administration in the FCT to the Minister,” he said.

“Going by constitutional and administrative law, therefore, Mr. Wike stood in loco the President of Nigeria and Commander-in-Chief of the Armed Forces on that fateful day. 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,” he added.

“The Minister’s method may be brash, but it is legal and lawful in all respects. Rather, it is the officer who obstructed him that has breached not just the Nigerian Constitution, but also service and extant regulatory laws,” Hon declared.

He pointed out that under section 114 of the Armed Forces Act, military personnel are criminally liable for civil offences, suggesting that Yerima could face a court-martial for obstructing a public officer in the course of duty.

“In conclusion,” Hon warned, “celebrating the humiliation of Nyesom Wike simply because he is a ‘big man’ or not liked by certain persons begs the real issue here.”

The legal opinion follows a viral video showing a heated exchange between Wike and some military officers at Gaduwa District, Abuja, where the minister accused a retired naval officer of illegally occupying government land.

Wike has since said he would not tolerate “lawlessness and intimidation” from any quarters, insisting that the disputed land belongs to the Federal Capital Territory Administration.

The confrontation unfolded on Tuesday, when Wike and senior officials of the FCT administration arrived at Plot 1946, Buffer Transit, Southern Parkway, to halt ongoing development described by the ministry as illegal.

Armed military personnel blocked the entrance, preventing bulldozers from the Department of Development Control from accessing the site for demolition.

In the video that circulated online, the minister was seen arguing with an officer, questioning why the military was laying claim to the property simply because it was linked to a retired Chief of Naval Staff.

The officer insisted the acquisition was legitimate and said he was deployed to the site on official orders, prompting Wike to accuse him of intimidation. The minister later contacted the Chief of Defence Staff and the Chief of Naval Staff, who assured him the matter would be resolved.

Reacting to the incident, the Minister of Defence, Mohammad Abubakar, assured that no officer performing lawful duties would face punishment.

Speaking at the opening of the 2026 Armed Forces Celebration and Remembrance Day at the National Defence College, Abubakar said, “We will always protect officers and our armed forces personnel on lawful duty. Any officer on lawful duty will be protected if he is doing his job lawfully and if he does it well.”