The constitutional law expert, described the officer’s conduct as a “breach of the law” and called for accountability.

He criticized the officer for obstructing Wike’s access to a disputed plot of land in Abuja. He emphasized that the officer’s actions could not be justified under any lawful military order.

“Brushing sentiments aside, I totally condemn the actions of Naval Officer A.M. Yerima, who blocked the FCT Minister from accessing the parcel of land, under the guise of ‘obeying superior orders,’ he stated.

While acknowledging that military personnel are typically expected to obey their superiors, Hon stressed that such obedience has legal limits, as recognized by the Nigerian Supreme Court.

He pointed to landmark rulings, including Onunze v. State (2023) and Nigeria Air Force v. James (2002), which clarify that military officers are not bound to follow illegal or manifestly unjust orders.

“The illegal nature of this order stems from the fact that no service law permits a military officer to guard a private construction site, particularly under suspicious circumstances,” Hon explained.

According to Hon, if security concerns were present, Yerima should have involved the civil police rather than engaging in what he described as an unlawful act. He also pointed out that as FCT Minister, Wike holds delegated powers over land administration in Abuja, which are constitutionally derived from the President.

He acknowledged that Wike’s approach may have been confrontational, Hon emphasized that the minister’s actions were legal. “It is the officer who obstructed him that has violated not only the Constitution, but also military regulations,” he noted.

He further highlighted that under Section 114 of the Armed Forces Act, military personnel can be held criminally liable for civil offenses, including obstructing public officials in the course of their duties.

Hon also warned against celebrating or excusing such behavior, suggesting that it could embolden military personnel to disrespect civilian authority. “If such actions are allowed to go unpunished, it could set a dangerous precedent, where security forces feel empowered to intimidate civilians with impunity,” he cautioned.

The incident, which occurred on Tuesday at Plot 1946, Gaduwa District in Abuja, stemmed from a dispute over the ownership of the land. The FCT Administration, under Wike’s directive, had ordered a stop-work and demolition action on the site, as the developers lacked valid title documents.

A video circulating on social media shows the tense confrontation between Wike’s team and the naval officer, with the minister accusing the military personnel and developers of land grabbing. Wike, visibly upset, vowed not to be intimidated.

Speaking to the press after the incident, Wike said, “I was informed that the military came to chase them away, and I thought they were acting illegally. Today, when I went to implement my directive, I found that the military had taken over. It’s unfortunate, and I do not understand why someone in such a position would not come to my office to address the issue but instead tries to intimidate Nigerians.”

Wike emphasized that he would not yield to blackmail or intimidation, reaffirming his commitment to enforcing FCT policies.

Source: Punch