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Naval Officer In Face-off With Wike Breached The Law — SAN

A Senior Advocate of Nigeria and constitutional law expert, Prof. Sebastine Hon, has faulted the conduct of Naval Officer A.M. Yerima in his confrontation with the Minister of the Federal Capital Territory, Nyesom Wike, describing the officer’s actions as a “breach of the law.”
Reacting to the incident in a Facebook post on Wednesday, Hon condemned the officer’s decision to obstruct Wike’s access to a disputed plot of land in Abuja, saying the act could not be justified under any lawful military order.
“Brushing sentiments aside, I hereby condemn in totality the actions of the Naval Officer, A.M. Yerima, who obstructed the FCT Minister from gaining access into that parcel of land, under the guise of ‘obeying superior orders.’
“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,” he wrote.
Hon cited Supreme Court rulings in Onunze v. State (2023) 8 NWLR (Pt. 1885) 61 and Nigeria Air Force v. James (2002) 18 NWLR (Pt. 798) 295, which, according to him, clearly established that military officers are not bound to obey illegal or manifestly unjust orders.
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“The illegality in that order stems primarily from the fact that no service law of the military permits a serving military officer to mount guard at the private construction site of his boss, especially under suspicious circumstances like this,” he stated.
He added that if security concerns existed, “the retired Naval Officer ought, under the circumstances, to have engaged the civil police.”
Hon further stressed that as the FCT minister, Wike exercises the powers of the President over land administration in Abuja, pursuant to Sections 297(2) and other provisions of the 1999 Constitution (as amended).
He said, “By Section 302 of the same Constitution, read together with other extant Acts of the National Assembly, the President of Nigeria has delegated all powers with respect to land administration in the FCT Abuja to the minister.
“Going by constitutional and administrative law, therefore, Mr Wike stood in loco of the President of Nigeria and Commander-in-Chief of the Nigerian Armed Forces on that fateful day.
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“Consequently, even if the superior officer were still in service, he would not disobey Mr Wike or obstruct him from entering the land. This was an affront to the civil authority of Mr President.”
While acknowledging the minister’s method may be brash, he said Wike’s action “is legal and lawful in all respects.
“Rather, it is the officer who obstructed him that has breached not just the Nigerian Constitution, but also service and extant regulatory laws.
“For the avoidance of any doubt, Section 114 of the Armed Forces Act makes military personnel criminally liable for civil offences.
“This means the officer in question could be arraigned before a Court Martial for obstructing a public officer from performing his public duties, et cetera,” he added.
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The law professor cautioned against celebrating the incident, warning that condoning such acts could embolden security personnel to disrespect civil authority.
“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,’” he concluded.
Hon is among the voices joining the public discourse following Tuesday’s heated clash between Wike and the naval officer at a disputed land site in Abuja.
The confrontation occurred at Plot 1946, Gaduwa District, Abuja, when officials of the Federal Capital Territory Administration, acting under Wike’s order, attempted to enforce a stop-work/demolition order over a lack of title documents.
Video of the encounter, which circulated widely on social media, shows the FCT Minister and his team being blocked by uniformed personnel and exchanging heated words with Yarima.
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Wike accused the soldiers and the developers of land grabbing and vowed not to be intimidated by any individual or group.
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.
News
Xenophobic Attacks: Oshiomhole Tells FG To Retaliate Against South African Companies In Nigeria
Senator Adams Oshiomhole has called on the Federal Government to retaliate against South African businesses operating in Nigeria following the recent attacks on Nigerians in South Africa.
Speaking during plenary on Tuesday, Oshiomhole said the Federal Government should consider revoking the working license of South African owned companies such as MTN and DSTV.
He argued that Nigeria must respond firmly to what he described as persistent hostility against its citizens.
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“I am not going to shed tears. If you hit me, I hit you. I think it is appropriate in diplomacy. It is an economic struggle,” Oshiomhole said.
He argued that while some South Africans accuse Nigerians of taking their jobs, Nigerians should return home and take over employment opportunities created by major South African companies operating in the country, including MTN and DSTV.
“When we hit back, the President of South Africa will not only talk but will also go on his knees to recognise that Nigeria cannot be intimidated.
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“We will not condone any life being lost. If a crime has been committed under the South African law they have the right to bring any such person to justice, but to kill our people as if we are helpless, we will not allow that,” Oshiomhole added.
DAILY POST reports that several Nigerians in South Africa have reportedly been attacked, and their businesses destroyed, in ongoing xenophobic attacks in the country.
News
IGP Orders Officers Display Name Tag On Uniform, Gives Update On State Police
The Inspector General of Police, IGP, Tunji Disu, has ordered all police personnel to always have their name tags on their uniforms for easy identification.
Disu disclosed that only police personnel who are undercover are exempted from displaying their name tags.
Speaking on Tuesday, Disu said: “All police officers should have their name tags. All of us on the high table have our names apart from the undercover among us so if you look at all the Commissioners of Police we have our name tags, so it’s not our standard.
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“All the Commissioners of Police are here and that is why we called this meeting, we have list of things like this that we will want to discuss with the Commissioners of Police, we have told them earlier and we will still let them know that every that happens within their area of jurisdiction falls under their control.”
On the issue of state police, the IGP said: “Since we got the signal that the Federal Government of Nigeria intend to establish State Police and since we are the federal police, we decided to take the bull by the horn and put down our own side of what we believe on how the state police should be run.
“A lot of things were taken into consideration, a lot of comparative analysis was done and it has been transmitted to the National Assembly.”
News
Court Orders SERAP To Pay DSS Operatives N100m For Defamation
The High Court of the Federal Capital Territory has ordered a non-governmental organization, the Socio-Economic Rights and Accountability Project, SERAP, to pay N100 million as damaged to two operatives of the Department of the State Services, DSS, for unjustly defaming them in some publications.
The court also ordered SERAP to tender public apologies to the defamed officers,
Sarah John and Gabriel Ogundele, in two national newspapers, two television stations and its website.
Besides, the organization was also ordered to pay the two operatives N1 million as cost of litigation and 10 percent post-judgment interest annually on the judgment sum until it’s fully liquidated.
Justice Yusuf Halilu of the High Court of the Federal Capital Territory gave the order on Tuesday while delivering judgment in a N5.5 billion defamation suit instituted against SERAP by the DSS operatives.
The judge found SERAP liable for unjustly defaming the two DSS operatives with allegations that they unlawfully invaded its Abuja office, harassed and intimidated its staff, in September 2024.
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In the offending publication on its website and Twitter handle, SERAP alleged that the two operatives unlawfully invaded and occupied its office with sinister motives.
The judge held that the publication was in bad taste especially from an organization established to promote transparency and accountability, as nothing in the publication was found to be truthful.
The DSS staff had listed SERAP as 1st defendant in the suit marked CV/4547/2024. SERAP’s Deputy Director, Kolawole Oluwadare, was listed as the 2nd defendant.
In the suit, the claimants – Sarah John and Gabriel Ogundele – accused the two defendants of making false claims that they invaded SERAP’s Abuja office on September 9, 2024..
Counsel to the DSS, Oluwagbemileke Samuel Kehinde, had while adopting his final address in the mater urged the judge to grant all the reliefs sought by his client in the interest of justice.
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He admitted that although the names of the two claimants were not mentioned in the defamation materials, they had however established substantial circumstances that they are the ones referred to in the published defamation article by SERAP on its website.
The counsel submitted that all ingredients of defamation have been clearly established and the offending publication referred to the two officials of the secret police.
However, SERAP, through its counsel, Victoria Bassey from Tayo Oyetibo, SAN, law firm, asked the court to dismiss the suit on the ground that the two claimants did not establish that they were the ones referred to in the alleged defamation materials.
She said that SERAP used “DSS officials” in the alleged offending publication, adding that the two claimants must establish that they are the ones referred to before their case can succeed.
Similar arguments were canvassed by Oluwatosin Adefioye who stood for the second defendant, adding that there was no dispute in the September 9, 2024 operation of DSS in SERAP’s office.
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He said that since SERAP in the publication did not name any particular person, the claimants must plead special circumstances that they were the ones referred to as the DSS officials.
Besides, he said that there is no organization by name Department of State Services in law, hence, DSS cannot claim being defamed adding that the only entity known to law is National Security Agency.
The claimants had in the suit stated that the alleged false claim by SERAP has negatively impacted on their reputation.
The DSS also stated, in the statement of claim, that, in line with the agency’s practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite them for a familiarization meeting.
The claimants added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.
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John and Ogundele, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to inform her organisation’s management about the visit and volunteered a phone number – 08160537202.
They said it was surprising that, shortly after their visit, SERAP posted on its X (Twitter) handle – @SERAPNigeria – that officers of the DSS are presently unlawfully occupying its office.
The claimant added, “On the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, described as “a tall, large, dark-skinned woman” and “a slim, dark skinned man,” invaded their Abuja office and interrogated the staff of the first defendant (SERAP).
John and Ogundele stated that “due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN)”.
“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”
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They added that the defendants’ statements caused harm to their reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, incompetent and unprofessional.
The claimants therefore prayed the court for the following reliefs: “An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.
“An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.
“Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.
“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.”
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