A legal practitioner, Olu Akinkuowo, has cautioned against the use of military officers in civil disputes following the recent confrontation between the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and a naval officer, A.M. Yerima, over a disputed piece of land in Abuja. The issue has sparked widespread debate among citizens, legal experts, and political observers, with opinions divided over the propriety of the minister’s actions and the military officer’s conduct.
According to information shared by Wike’s media aide, the disputed land was originally allocated to Santos Estate Limited in 2007 for park and recreational purposes. In 2022, the company requested approval to convert the land use to residential, but while waiting for official response, it reportedly subdivided and sold parts of the land to several individuals, including the former Chief of Naval Staff, Vice Admiral Awwal Gambo. The then FCT Minister, however, declined the change of purpose. Despite the rejection, construction reportedly began on the site, and military personnel were allegedly deployed to prevent FCT officials from enforcing the law.
Akinkuowo explained that the land transaction and subsequent development violated multiple legal provisions, including sections of the Federal Capital Territory Act and the Nigerian Urban and Regional Planning Act. He stated that once a land’s purpose is altered without formal approval, it becomes subject to government revocation. He maintained that any structure erected on the property without proper authorization is illegal and liable to demolition, and those involved could face criminal sanctions.
He noted that it is unlawful for military officers to guard or interfere in private property matters. Citing constitutional provisions, Akinkuowo stated that the military can only assist civil authorities in restoring order during crises when directed by the President, not in private or land-related issues. He warned that involving soldiers in such disputes could endanger national security and undermine civil authority.
The lawyer also referenced several court judgments, including those from the Supreme Court, which declared that no soldier or officer is obliged to obey an unlawful or manifestly illegal order. He said that any military personnel who act on such directives can be held personally responsible for their actions under both military and civil law.
He added that the order reportedly obeyed by the naval officer could not be considered lawful since it sought to obstruct civil enforcement activities. Akinkuowo explained that under the Armed Forces Act, any officer who commits a civil offence or acts contrary to national law is subject to disciplinary action or court-martial.
He further clarified that the FCT Minister has full authority to enforce laws within the territory, as the President has delegated to him powers similar to those of a state governor. These include oversight of land use, development control, and urban planning regulations. He stated that preventing the minister from carrying out these duties amounts to obstructing the powers of the President himself.
Akinkuowo concluded that the military should refrain from engaging in civilian land matters, as doing so sets a dangerous precedent that undermines the rule of law and weakens democratic governance.