Wike vs Lt. Yerima: Legal Experts Explain 2 Sides of FCT Minister's Clash with Naval Officer
- Legal experts say both Minister Wike and the military officers share some blame in the Abuja confrontation
- While lawyers explain that Wike has powers over land in Abuja, but must follow due legal process, not self-help
- They also explained the limits of Wike’s powers under the Land Use Act and why both sides share blame
Abuja, Nigeria - The viral confrontation between the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and a naval officer guarding a construction site in Abuja has continued to spark nationwide debate.
While many Nigerians questioned why soldiers defied the minister’s orders, legal experts say the issue is more complex than it appears, with both sides having legal grounds and limits.
Source: Twitter
Legal expert Barrister Emmanuel Umorem explained that the situation carries two sides to the matter, arguing that both the minister and the officer acted within certain interpretations of the law, but also crossed lines in others.
Read also
Tinubu's minister speaks out on colleague Wike’s clash with military officer, "unfortunate"
According to Umorem, each party bears some level of culpability considering the circumstances surrounding the clash.
Wike vs Yerima: Lawyer cites previous judgment
Barrister Umorem, while speaking with the BBC, referenced two key Supreme Court rulings that help explain the legal and ethical boundaries of military obedience and civil authority in Nigeria.
He cited the 2023 Supreme Court judgment in Onunze vs The Government, and the 2002 case of Nigerian Air Force vs James, both of which established that military personnel are not obliged to obey an order that is illegal or unjustifiable.
Quoting Justice Ogunwumiju’s words from the ruling, Umorem said:
“The obligation to comply with an order does not extend to one that is not justifiable.”
He explained that every soldier or police officer swears an oath of allegiance at the beginning of service, not to any individual, but to protect and uphold the Nigerian Constitution against enemies, both internal and external.
This means, he said, a soldier has the duty to disobey an unlawful order, even if it comes from a high-ranking official.
The flip side
On the flip side, Umorem argued that the minister also overstepped legal boundaries.
Referring to the Supreme Court’s decision in the Lagos State Governor vs Ojukwu case, he said Wike’s actions amounted to “self-help”, a term used to describe when a government official takes the law into their own hands instead of following due process.
“The Supreme Court has made it clear that government officials cannot resort to self-help in the conduct of official duties.” Umorem noted.
Source: Twitter
He explained that if someone is illegally occupying land, the minister cannot personally attempt to enforce the law. Instead, such issues must go through legal and administrative procedures, as the constitution provides for institutions empowered to handle land disputes.
What the law says about Wike’s power over land
Another legal expert, Barrister Aminu Abdulrashid, a Kaduna-based lawyer, clarified that the Land Use Act clearly defines the FCT minister’s powers on land matters.
According to him, the minister of FCT has the same authority as a state governor when it comes to land administration, including approving, allocating, and revoking land titles within the FCT.
He said Section 44 of the Act stipulates that before the minister can revoke any land, he must ensure that the terms of the original allocation have been violated.
“The person affected must be served with a written notice, either directly or through an official publication at the site,” Abdulrashid explained.
He added that even after such notice, the law allows the occupant time to correct any breaches — such as failure to pay ground rent or misuse of the allocated land before revocation can take effect.
In summary, while Wike holds constitutional authority over land administration in Abuja, experts say the use of military force or direct intervention without due process contradicts the same laws that empower him.
4 people who can command a military officer in Nigeria
Military officers on duty are legally bound to obey only orders from authorised authorities in Nigeria.
Orders from individuals outside this chain of command, including ministers not legally empowered over the military, have no binding effect.
Legit.ng earlier reported how analysts explained the only 4 people in Nigeria who have the power to give a command to a military officer while on duty.
Source: Legit.ng
