Table of Contents
- Expert Commentary
- Naval Officer's Actions
- Legal Justification
- Security Concerns
- Minister's Authority
A constitutional law expert, Prof. Sebastine Hon, SAN, has criticized the actions of Naval Officer A.M. Yerima during his confrontation with the Minister of the Federal Capital Territory, Nyesom Wike, regarding land access in the FCT on Tuesday.
Hon stated in a Facebook post that the officer’s conduct constituted a violation of the law, condemning his decision to block Wike’s access to a disputed plot of land in Abuja.
He argued that this action could not be justified under any lawful military directive.
“Setting aside personal feelings, I completely condemn the actions of Naval Officer A.M. Yerima, who prevented the FCT Minister from accessing that parcel of land, under the pretense of ‘obeying superior orders.’
“While a junior officer's obligation to follow the orders of superiors is strongly upheld within military and paramilitary frameworks, it is subject to limitations recognized solely by the Supreme Court of Nigeria,” he wrote.
The senior lawyer referenced Supreme Court decisions in Onunze v. State (2023) 8 NWLR (Pt. 1885) 61 and Nigeria Air Force v. James (2002) 18 NWLR (Pt. 798) 295, which, according to him, clearly establish that military officers are not required to comply with illegal or manifestly unjust orders.
He further clarified that if there were any security concerns, the retired Naval Officer should have involved the civil police in the situation.
Hon emphasized that as the FCT Minister, Wike possesses the powers of the President regarding land administration in Abuja, in accordance with Sections 297(2) and other provisions of the 1999 Constitution (as amended).
DAILY POST reports that the Minister and several officials from the FCT Authority (FCTA) were involved in discussions about land access on Tuesday.
Frequently Asked Questions
What was the confrontation about?
The confrontation was regarding land access in the Federal Capital Territory, where Naval Officer A.M. Yerima obstructed Minister Nyesom Wike from accessing a disputed plot of land.
What did Prof. Sebastine Hon say about the officer's actions?
Prof. Hon condemned the officer's actions as a breach of the law and stated that military officers are not obliged to obey illegal or unjust orders.
What is the legal basis for the FCT Minister's authority over land administration?
The FCT Minister, Nyesom Wike, exercises authority over land administration in Abuja based on Sections 297(2) and other provisions of the 1999 Constitution (as amended).
