Two Senior Advocates of Nigeria (SANs), Femi Falana and Sebastine Hon, have weighed in on the recent public clash between Nyesom Wike, the Minister of the Federal Capital Territory (FCT), and a naval officer in Abuja.
The dispute centred on a plot in the Gaduwa District, where armed naval personnel led by a commissioned junior officer, A.M. Yerima, were stationed.
PREMIUM TIMES earlier reported that the officers were said to be acting on the instructions of a former Chief of Naval Staff, Zubairu Gambo, a retired vice admiral.
Viral videos from Tuesday showed Mr Wike being prevented by the military personnel from accessing the site, leading to a heated exchange.
A video published by this newspaper also captured the visibly angry FCT minister confronting Mr Yerima, who is a Navy Lieutenant, and accusing the retired naval chief of “illegally seizing” the land.
During the standoff, Mr Wike demanded to see the land documents, while Mr Yerima insisted that the owner possessed valid approvals and denied claims of intimidation.
The minister was also seen separating his security aides from the soldiers as tempers flared.
Falana’s mixed reaction
Speaking at an event at the University of Abuja on Thursday, Mr Falana criticised both the minister’s public outburst and the conduct of the military officers.
He said no public official has the right to insult any Nigerian, urging President Bola Tinubu to direct Mr Wike to apologise.
“The president must direct the minister to apologise. That is what is done in civilised societies,” he said, recalling a similar incident in Ghana where a deputy minister was compelled to withdraw offensive remarks.
Mr Falana, however, faulted the obstruction of the minister, saying the officers acted beyond their powers.
He cited Section 11 of the Land Use Act, which authorises governors and the FCT minister to enter, inspect, and manage land within their jurisdiction.
“The minister was performing his statutory duty. Any occupier of land must allow the minister or governor to enter and inspect the property,” he said.
He stressed that the proper remedy, if Mr Wike felt obstructed, would have been to seek redress through legal channels, not through confrontation.
Mr Falana also dismissed suggestions that insulting a uniformed officer constituted a national security threat.
Hon faults deployment of officers to guard construction cite
In a separate statement on Facebook on Wednesday, Mr Hon, said the naval officer’s action was unconstitutional, arguing that no military regulation permits the deployment of soldiers to guard a private construction site on behalf of a retired officer.
He said the Supreme Court, in Onunze vs State (2023) and Nigeria Air Force vs James (2002), had reaffirmed that military personnel must not obey illegal orders.
“The duty of a junior officer to obey the orders of his superiors… has its limitations recognised by the Supreme Court,” he stated, quoting the judgements.
Mr Hon added that the FCT minister, by virtue of Sections 297(2) and 302 of the Constitution, exercises delegated presidential authority over land in Abuja, and therefore could not lawfully be barred from entering the property.
He argued that the officer could be liable under Section 114 of the Armed Forces Act for obstructing a public officer from performing his duties.
Mr Hon cautioned against celebrating the confrontation simply because of personal dislike for Mr Wike, saying such conduct by uniformed personnel, if unchecked, could embolden abuses against civilians.
Defence Ministry: Wike should have used official channels
The Minister of State for Defence, Bello Matawalle, criticised both parties, describing the confrontation as “unnecessary and avoidable.”
In an interview with DCL Hausa released on Wednesday, Mr Matawalle said Mr Wike ought to have allowed military authorities to investigate the matter, noting that the FCT minister had earlier contacted both the Chief of Defence Staff and the Chief of Naval Staff.
“What happened… is unfortunate. The officer explained that he was simply obeying orders given to him. Wike should not have exchanged words with the officer; he ought to have addressed his concerns through the officer’s superiors,” he said.
Mr Matawalle maintained that Mr Yerima acted professionally and did not violate military rules, saying the naval rating “spoke respectfully and conducted himself properly.”
He warned public officials against disrespecting uniformed personnel, arguing that doing so undermines the authority of the Commander-in-Chief.
The minister said that while the Defence Ministry had not received a formal complaint from Mr Wike, he had personally reached out to the FCT minister after the video went viral.
Mr Matawalle added that the Chief of Naval Staff had since visited the site and commenced an investigation into the land ownership dispute.
He said any revocation or administrative action regarding the land should follow laid-down procedures.
