Constitutional Expert Analyzes Military-Civilian Confrontation in Abuja
A senior legal expert has provided detailed analysis of the recent confrontation between Federal Capital Territory Minister Nyesom Wike and Naval Officer AM Yerima, declaring the military officer's actions constituted a clear breach of Nigerian law.
The incident occurred on Tuesday, November 11, 2025, when Minister Wike and officials from the Federal Capital Territory Administration were blocked from accessing a disputed plot of land in Gaduwa District, Abuja by military personnel.
Legal Basis for Declaring Officer's Actions Unlawful
Professor Sebastine Hon, a Senior Advocate of Nigeria (SAN) and constitutional law authority, firmly stated that Officer Yerima's conduct could not be justified under any lawful military order. The legal expert emphasized that while junior officers are expected to obey superiors, this duty has clear limitations established by Nigeria's highest court.
"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," Professor Hon stated in a Facebook post on Wednesday, November 12, 2025.
The SAN referenced two landmark Supreme Court rulings that form the legal foundation for his analysis:
- Onunze v. State (2023) 8 NWLR (Pt. 1885) 61
- Nigeria Air Force v. James (2002) 18 NWLR (Pt. 798) 295
These rulings clearly establish that military officers are not legally bound to obey illegal or manifestly unjust orders from their superiors.
Why Guarding Private Construction Site Violates Military Law
Professor Hon pinpointed the specific legal violation in the Abuja confrontation, explaining that no service law within the Nigerian military permits a serving officer to mount guard at the private construction site of his superior officer.
The legal expert characterized the circumstances as "suspicious" and noted that if legitimate security concerns existed, the proper procedure would have involved engaging civil police authorities rather than military intervention in a land dispute.
"The retired Naval Officer ought, under the circumstances, to have engaged the civil police," Professor Hon advised, highlighting the proper channel for addressing such matters.
Broader Implications and Institutional Responses
The confrontation has generated significant public attention and raised questions about military-civilian relations in Nigeria. Following the incident, the Nigerian Defence Headquarters posted a cryptic message on its X (formerly Twitter) account, stating that "it is a thing of honour and privilege to serve in the Nigerian military."
Meanwhile, the Nigerian Navy has maintained official silence regarding the viral video showing the heated exchange between Minister Wike and Officer Yerima. This silence comes despite growing public demand for clarification about military involvement in civilian land disputes.
The legal analysis provided by Professor Hon offers crucial clarity on the boundaries of military authority in civilian matters, reinforcing constitutional principles that govern civil-military relations in Nigeria's democracy.
