THE viral standoff between Federal Capital Territory (FCT) Minister Nyesom Wike and Naval Lieutenant A.M. Yerima has sparked widespread condemnation from legal luminaries, who assert that the officer violated at least five specific Nigerian laws by obstructing a federal minister during official duties over a disputed land plot in Gaduwa District.
The November 11 incident saw Lt. Yerima, acting on “superior orders,” block Wike from accessing Plot 1946—allegedly tied to retired Vice Admiral Awwal Gambo—leading to a heated exchange captured on video.
While Yerima’s composure earned public praise in some quarters, Senior Advocates of Nigeria (SANs) like Prof. Sebastine Hon have labeled his actions a “gross breach” of civilian-military relations and multiple statutes.
The Five Laws Violated
Experts point to these specific provisions breached by Yerima’s obstruction:
Section 217(2)(c) of the 1999 Constitution (as amended): The armed forces can only aid civil authorities when directed by the President. Deploying serving personnel to guard a retired officer’s private property in a land dispute exceeds this mandate and undermines civilian supremacy.
Sections 297(2) and 302 of the 1999 Constitution: All FCT lands are vested in the President, with administrative powers delegated to the Minister. Wike, acting “in loco” the President and Commander-in-Chief, could not be lawfully obstructed in enforcing land laws.
Section 114 of the Armed Forces Act (Cap A20, 2004): Military personnel are criminally liable for civil offences. Obstructing a public officer like Wike qualifies, exposing Yerima to court-martial or civilian prosecution.
Supreme Court Precedents on Disobeying Illegal Orders: Rulings in Onunze v. State (2023) and Nigeria Air Force v. James (2002) mandate soldiers to reject “manifestly illegal” directives. Guarding private disputed land for a retiree is not a valid military duty; “superior orders” offer no defense.
Criminal Code Act (Sections on Offences Against Public Authority): Willful obstruction or resistance of a public officer in executing duties (e.g., land enforcement) is punishable by imprisonment. Military status provides no immunity in civil matters.