14/11/2025
RENOWNED CONSTITUTIONAL LAWYER, PROF. SEBASTINE HON (SAN), CONDEMNS NAVAL OFFICER LT. A.M. YARIMA'S OBSTRUCTION OF FCT MINISTER NYESOM WIKE AS BREACH OF NIGERIAN LAW
Prof. Sebastine Hon, SAN, a prominent constitutional lawyer and author, has strongly condemned the actions of Lieutenant A.M. Yarima, a young Naval officer, for obstructing Federal Capital Territory (FCT) Minister Nyesom Wike from accessing a parcel of land. Prof. Hon described the incident as a clear breach of the Nigerian Constitution, military service laws, and established judicial precedents, insisting that the officer's claim of "obeying superior orders" does not absolve him of personal liability.
In a detailed statement backed by citations from the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Supreme Court judgments, Prof. Hon argued that military obedience has limits when orders are "palpably illegal or manifestly unjust." He emphasized that every commissioned officer swears an oath to protect and defend the Constitution, not to follow unlawful directives blindly.
Legal Arguments from Prof. Hon's Statement:
1. Supreme Court Precedents on Obedience to Illegal Orders
- In “Onunze vs. State” (2023) 8 NWLR (Pt. 1885) 61 at 108 SC, the Supreme Court, per Ogunwumiju, JSC, held:
“My Lords, 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. The Oath is not to obey all orders, it is to ‘preserve’, ‘protect’ and defend the Constitution of the Federal Republic of Nigeria against all enemies, foreign and domestic. 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.”
- In “Nigeria Air Force vs. James” (2002) 18 NWLR (Pt. 798) 295 at 324 SC, Onu, JSC, stated:
“See the case of *Pius Nwaogu v. The State* (1972) 1 All NLR 149 where it was held, inter alia, that 'a soldier is responsible to Military and Civil Law and 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.'”
2. Illegality of the Order:
- No military service law permits a serving officer to guard a private construction site, particularly under suspicious circumstances. The retired Naval officer involved should have involved civil police if arson or trespass was suspected.
3. Constitutional Status of the FCT Minister
- Under Section 297(2) of the 1999 Constitution, all lands in the FCT belong to the Federal Republic of Nigeria.
- Section 302, read with relevant National Assembly Acts, delegates land administration powers in the FCT to the Minister, positioning him *in loco* the President and Commander-in-Chief of the Armed Forces.
- Obstructing the Minister constitutes an affront to civilian authority and the Presidency.
4. Criminal Liability Under Military Law:
- Section 114 of the Armed Forces Act holds military personnel criminally liable for civil offences, including obstructing a public officer in the discharge of duties. The officer could face court martial.
Prof. Hon acknowledged that Minister Wike's approach may appear "brash" but affirmed it as fully legal. He warned against celebrating the incident due to personal dislike for the Minister, stating:
“If such intolerable conduct by the young officer is not punished or is celebrated, this may unleash a reign of terror by the men in khaki against hapless civilians – with a grin or boast that ‘we did it to Wike and nothing happened.’ This is not Nigeria of our dream!”
Prof. Hon concluded by resting his case, urging accountability to prevent erosion of civilian oversight over the military.
Statement issued by Prof. Sebastine Hon, SAN (Constitutional Lawyer and Author).
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