Human rights lawyer Femi Falana, SAN, has openly criticized the recent gesture by the Minister of the Federal Capital Territory, Nyesom Wike, who provided housing as gifts to members of the judiciary. Falana condemned this action, raising concerns over its implications for judicial independence.
Last October, the minister flagged off a residential project comprising 40 units for judges in Abuja’s Katampe District. This decision has become a topic of controversy, with critics highlighting ethical concerns and questioning the impact on judicial impartiality.
During an appearance on Channels Television’s Politics Today on Wednesday, Falana argued that it is inappropriate for the executive branch to offer gifts to members of the judiciary, particularly judges. He emphasized that such gestures could compromise judicial integrity.
“The Minister of the Federal Capital Territory operates like a state governor by virtue of the section 299 of the Constitution. So, he cannot say I am going to build 40 houses, 10 shall go to the federal high court, 10 shall go to judges in the FCT high court and 10 shall go to the court of appeal and supreme court, no,” Falana said.
“Because you are a minister of the Federal Government like a state governor your budget is limited to the affairs of the FCT. So, you cannot as the head of the FCT be dishing out gift of cars, houses to judges in the federal hight court, in the appeal court and the supreme court.
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“Number two, you have cases before these courts, on the theory of equality before the court you cannot be seen to be giving cars or houses to the judges who are going to determine your cases.”
Highlighting the importance of judicial independence, Falana remarked that the constitution specifically grants autonomy to the judiciary to avoid situations where judges rely on the executive for support in areas such as housing and transportation. He emphasized that judges should remain separate from such executive provisions to maintain their objectivity.
Falana remarked that the Constitution guarantees financial autonomy to the judiciary, endowing it with the authority to manage its budgetary affairs. This, he maintained, is a necessary safeguard to ensure that the judiciary operates independently and without executive interference.
Falana also faulted Wike on the demolition of private properties in the FCT, describing it as “primitive” and a breach of the law.
According to him, such demolitions are not authorised under the Urban and Regional Planning Act applicable in the FCT.
“In the FCT, if a house has breached the law, the case must first be taken to the Urban and Regional Planning Board. If the property owner loses, they can appeal to the Urban and Regional Tribunal. If that fails, the case may go to the High Court, where an order for demolition may be issued.”
