Femi Falana, a Senior Advocate of Nigeria (SAN) and prominent human rights attorney has publicly criticized Nyesom Wike, the Federal Capital Territory Minister, regarding his recent initiatives on the demolition of residential structures and the provision of housing and vehicles to federal judges in Abuja.
In an appearance on Channels Television's Politics Today program on Wednesday, Falana contended that Wike's actions were both unconstitutional and illegal.
He emphasized that if judges require housing, the responsibility for this provision should rest with the National Judicial Council, rather than being managed by state or federal officials.
Falana argued that if the executive branch intends to support the judiciary, the appropriate course of action would involve engaging with the National Assembly to facilitate budgetary provisions.
He further condemned the concept of a state official, such as Nyesom Wike, providing gifts in the form of cars and residences to federal judges, asserting that the Constitution does not permit such actions.
Falana stated, "If the executive seeks to assist the judiciary, the proper approach is to engage with the National Assembly. A supplementary budget can be proposed. Should it be determined that the judiciary requires housing in Abuja, the National Assembly must make the necessary financial allocations."
He continued, "The Constitution does not envisage that the minister of the Federal Capital Territory, similar to governors of various states, would extend gifts such as vehicles and houses to judges within the federal framework." Falana insisted that this matter requires thorough examination and resolution by constitutional provisions. He acknowledged the necessity for judges to have suitable housing, vehicles, and security, but asserted that these needs should be addressed by the National Judicial Council within its budgetary constraints.
Addressing the issue of demolitions, Falana condemned Wike's decision to utilize bulldozers for the demolition of private properties, characterizing this action as "primitive" and a violation of the law. He pointed out that such demolitions lack authorization under the Urban and Regional Planning Act that applies to the Federal Capital Territory.
"In the Federal Capital Territory, if a property is deemed in violation of the law, the case must first be submitted to the Urban and Regional Planning Board. If the property owner does not prevail in this instance, they may appeal to the Urban and Regional Tribunal. Should this also fail, the matter may escalate to the High Court, where a demolition order may be issued."
Falana underscored that the minister possesses no authority to unilaterally execute demolitions without adhering to the prescribed legal process.