OFFICER YERIMA BREACHED THE LAW IN FACEOFF WITH WIKE – PROF. SEBASTINE HON, SAN
Read Time:3 Minute, 27 Second
Brushing sentiments aside, I hereby condemn in totality the actions of the Naval Officer, A.M. Yerima, who obstructed the Minister of the Federal Capital Territory (FCT), Barr. Nyesom Wike, from gaining access to a parcel of land under the guise of “obeying superior orders.”
While obedience to superior authority is an established principle in military and paramilitary operations, it is not absolute. The Supreme Court of Nigeria has made it clear that such obedience does not extend to illegal or unconstitutional orders.
In the case of Onunze v. State (2023) 8 NWLR (Pt. 1885) 61 at 108 SC, Ogunwunmiju, JSC, held that:
“The obligation to obey the orders of a superior does not include orders that are palpably illegal or manifestly unjust. Every military or police officer swears an oath upon commissioning… When an officer obeys palpably illegal orders, they become personally liable for their actions and would be expected to face court martial or official sanction for the wrongdoing.”
Similarly, in Nigeria Air Force v. James (2002) 18 NWLR (Pt. 798) 295 at 324 SC, Onu, JSC, reaffirmed that soldiers are subject to both military and civil law, noting that:
“It is monstrous to suppose that a soldier could be protected when the order is grossly and manifestly illegal. Of course, there is the other proposition that a soldier is only bound to obey lawful orders and is responsible if he obeys an order not strictly lawful.”
The illegality of Yerima’s action stems from the fact that no military regulation permits a serving officer to mount guard at a private construction site of his superior, especially under questionable circumstances. If there were genuine concerns about trespass or security, the proper recourse would have been to alert the civil police, not to engage in a show of force against a lawful public officer.
Furthermore, Barr. Nyesom Wike, as FCT Minister, is the constitutional equivalent of a state governor, vested with all powers relating to land administration in Abuja. Under Section 297(2) of the 1999 Constitution (as amended), all lands in the FCT belong to the Federal Republic of Nigeria, and by Section 302, the President has delegated the administration of those lands to the Minister of the FCT.
By implication, Wike was exercising delegated authority from the President and Commander-in-Chief of the Armed Forces. Hence, Yerima’s obstruction amounted to a direct affront to presidential authority.
While the Minister’s approach may have appeared forceful, it was nonetheless lawful and constitutionally grounded. Conversely, Officer Yerima’s conduct violated both the Nigerian Constitution and military service laws.
For clarity, Section 114 of the Armed Forces Act makes military personnel criminally liable for civil offences. Therefore, Yerima could face court-martial proceedings for obstructing a public officer in the performance of official duties.
In conclusion, those applauding the officer’s defiance miss the larger constitutional danger. If such acts of insubordination are left unpunished, they risk emboldening military personnel to disregard civil authority a path that threatens Nigeria’s democratic stability.
If we allow this to stand simply because the person involved is Nyesom Wike, then tomorrow, no civilian big or small will be safe from such unlawful displays of force.
While addressing the press after the confrontation, the minister said he would not succumb to blackmail.
He recounted that the military intervened during the enforcement of FCT directives, which prompted the confrontation.
“When they came here, I was informed that the military came to chase them away, and I thought they were acting illegally.
“So today, while I was in the office, they came to implement the directive that was given to them by myself. I was told that the military had taken over the place, and I had to come by myself. It is really unfortunate.
“I do not understand how somebody who attained that position sees that he has a problem and cannot approach my office to say, ‘look, this is what is going on,’ but simply because he is a military man, he could use that to intimidate Nigerians. I am not one who will succumb to blackmail or intimidation,” Wike said.
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