Clash Of Authority: The Legal Angle To The Wike-Naval Officer Face-Off

Why the Law Is Clear — the Minister of the FCT Was Right

By Hon. Matthew Onojighofia Omonade, Esq.
(Member, Delta State House of Assembly)

The recent altercation between the Minister of the Federal Capital Territory (FCT), His Excellency Nyesom Wike, and a naval officer during an inspection exercise has sparked widespread debate across Nigeria. The incident, which occurred on Tuesday, November 12, 2025, saw the Minister allegedly being prevented from assessing certain properties by armed naval personnel. This confrontation has kept the social media space abuzz with divided public opinions.

While many have rushed to hail the officer as a “hero,” a closer look at the law tells a different story. As a lawyer and lawmaker, I believe it is necessary to clarify the legal and constitutional issues surrounding the matter.

Sentiment vs. the Rule of Law:
We live in a country where reason often takes a back seat to emotion. Too often, people judge situations not by the law but by how they feel about the individuals involved.

Your admiration or dislike for H.E. Nyesom Wike should not cloud the simple question of legality. The real issue is whether the naval officer acted within or outside the powers conferred by law.

“The rule of law — not emotion, bias or sentiment — must always prevail in a democratic society.”

Who owns the Land in Abuja?
Under Section 1 of the Land Use Act, 1978, all lands in a State is vested in the Governor, who holds it in trust for the people. But since the Federal Capital Territory (FCT) has no Governor, the situation there is constitutionally distinct.

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So, who performs the Governor’s role in Abuja?

The answer lies in Section 297(2) of the 1999 Constitution (as amended), which provides that:

“All lands in the Federal Capital Territory, Abuja are vested in the Government of the Federation.”

Further, Section 302 of the same Constitution states that:

“The President may, in exercise of his powers under the Land Use Act, delegate such powers to the Minister of the Federal Capital Territory.”

In simple terms, the President holds all lands in Abuja in trust for Nigerians, and the Minister of the FCT is the delegated authority responsible for managing and regulating its use.

*Was the Naval Officer Right?*
The short answer: No!

By virtue of Sections 297(2) and 302 of the Constitution, the Minister of the FCT is the lawful authority in charge of all land administration and physical development within the Federal Capital Territory.

This authority extends to every parcel of land, whether occupied by private individuals, companies, or even the Armed Forces. The FCT Administration (FCTA) retains oversight and regulatory control over all such lands.

*Scope of Military Power*
The powers of the Armed Forces — Army, Navy, and Air Force — are clearly set out in Sections 217–220 of the Constitution and the Armed Forces Act. Their core duties are to:

“Defend Nigeria from external aggression, maintain its territorial integrity, and perform such other functions as may be prescribed by law.”

Nowhere in law are the Armed Forces granted civil administrative control over land use or authority to obstruct lawful civil functions.

Even where military establishments occupy land in the FCT, the title to such land remains vested in the Federal Government, with the Minister of the FCT retaining oversight, unless the land has been lawfully gazetted as a restricted military zone by the President.

*Unlawfulness of the Officer’s Conduct:*
The naval officer’s conduct was unlawful and ultra vires, as it amounts to obstruction of a public officer performing lawful duties. His action is contrary to Section 149 of the Criminal Code or Section 36 of the Penal Code (applicable in the FCT).

No officer of the Armed Forces has legal authority to bar the Minister of the FCT from inspecting or entering land within the territory, except in the case of a lawfully restricted zone declared by the President.

Any such interference is unconstitutional, illegal, and a breach of statutory duty.

A Teachable Moment:
This incident goes beyond Wike and the Navy. It is a test of Nigeria’s commitment to the rule of law.

When civil authority is undermined by military interference, governance becomes chaotic. The Constitution is clear: The Minister of the FCT is the President’s lawful delegate on land matters in Abuja.

Let the rule of law, not sentiment, guide us.

Conclusion:
This episode should serve as a reminder that no one is above the law, and that our democracy can only thrive when civil authority is respected and legal boundaries are observed.

When the law speaks, sentiment must be silent.

Hon. Matthew Onojighofia Omonade, Esq.
Lawyer & Member, Delta State House of Assembly
📍Asaba, Delta State
📧 email: [email protected]