A Senior Advocate of Nigeria and constitutional law expert, Prof. Sebastine Hon, has faulted the conduct of Naval Officer A.M. Yerima in his confrontation with the Minister of the Federal Capital Territory, Nyesom Wike, describing the officer’s actions as a “breach of the law.”
Reacting to the incident in a Facebook post on Wednesday, Hon said, “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 duty of a junior officer to obey the orders of his superiors, even though strongly upheld in military and paramilitary circles, has its own limitations recognised by no other authority but the Supreme Court of Nigeria.”
Hon cited Supreme Court rulings 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 established that military officers are not bound to obey illegal or manifestly unjust orders.
“The illegality in that order stems primarily from the fact that 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,” he stated.
He added that if security concerns existed, “the retired Naval Officer ought, under the circumstances, to have engaged the civil police.”
Hon further said, “By Section 302 of the same Constitution, read together with other extant Acts of the National Assembly, the President of Nigeria has delegated all powers with respect to land administration in the FCT Abuja to the minister.
“Going by constitutional and administrative law, therefore, Mr Wike stood in loco of the President of Nigeria and Commander-in-Chief of the Nigerian 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.”
While acknowledging the minister’s method may be brash, he said Wike’s action “is legal and lawful in all respects.”
The PUNCH