By John Dike, Osogbo
A constitutional law expert and Senior Advocate of Nigeria (SAN), Prof Sebastine Hon, has faulted the actions of Lt. A.M. Yerima, the naval officer who reportedly obstructed the FCT ministe Nyesom Wike, from accessing a parcel of land in Abuja, describing the officer’s conduct as “a clear breach of the law.”
In a detailed statement on Wednesday, the renowned professor of law and author said the officer’s claim of “obeying superior orders” cannot stand in law, as obedience to illegal instructions is not protected under Nigeria’s legal or military system.
Citing several Supreme Court judgments, Prof. Hon emphasized that the Nigerian military hierarchy recognizes limits to obedience, particularly where an order is “manifestly illegal or unjust.”
He referred to the apex court’s decision in Onunze v. State (2023) 8 NWLR (Pt. 1885) 61, where Justice Ogunwumiju held that military or police officers are not bound to obey “palpably illegal” orders. Similarly, in Nigeria Air Force v. James (2002) 18 NWLR (Pt. 798) 295, the Supreme Court reaffirmed that soldiers are responsible under both civil and military law and cannot hide behind unlawful commands.
“No law authorizes a serving military officer to mount guard over a private construction site for his superior. If there were genuine fears of arson or trespass, the proper authority to contact was the civil police,” Prof. Hon stated.
The constitutional lawyer further explained that the FCT Minister, under the 1999 Constitution, exercises delegated authority from the President of Nigeria in matters relating to land administration in the Federal Capital Territory.
Quoting Sections 297(2) and 302 of the 1999 Constitution (as amended), Prof. Hon argued that, “Mr. Wike stood in loco the President of Nigeria and Commander-in-Chief of the Armed Forces. Therefore, even a serving superior military officer has no lawful power to obstruct him.”
According to him, the confrontation amounted to “an affront to the civil authority of the President,” noting that while Wike’s approach might appear “brash,” it was nonetheless “legal and lawful in all respects.”
He added that the naval officer’s conduct could attract criminal and disciplinary consequences under Section 114 of the Armed Forces Act, which holds military personnel liable for civil offences.
“The officer could be arraigned before a court martial for obstructing a public officer from performing his lawful duties,” Hon maintained.
Prof. Hon also cautioned against the public celebration of what he described as the “humiliation of a serving minister,” warning that such misplaced sentiments could embolden uniformed personnel to act with impunity against civilians.
“If this intolerable conduct is not punished, it could embolden others to terrorize innocent Nigerians — boasting that, ‘we did it to Wike and nothing happened.’ This is not the Nigeria of our dream,” he said.
