Human rights lawyer, Mr. Femi Falana (SAN), has criticised Minister of the Federal Capital Territory, Barr. Nyesom Wike, over his recent actions concerning the demolition of houses of especially the down trodden and the provision of housing and cars to judges.
Speaking on Channels Television’s Politics Today on Wednesday, Falana argued that Wike’s actions were unconstitutional and illegal.
He stressed that if judges require housing, it should be managed by the National Judicial Council and not by state or federal officials.
Falana pointed out that if the executive intends to assist the judiciary, the appropriate channel is through the National Assembly.
He also condemned the idea of a state official, like Wike, giving gifts such as cars and houses to federal judges, stressing that the Constitution does not authorise such actions.
He said, “If the executive wants to assist the judiciary, the appropriate approach is to go to the National Assembly. You can have a supplementary budget.
“If it has been discovered that the judiciary needs housing in Abuja, then the National Assembly should make the necessary appropriations.
“But the Constitution does not anticipate that the minister of the federal capital territory, like a governor of Kogi, Ondo, or Cross River State, would offer cars and houses to judges in the federal public sector. No.
“That is why this matter needs to be properly scrutinised and resolved in line with the provisions of the Constitution. Judges need houses, of course. Judges need cars, of course. They need security, of course. But these should be provided by the NJC within its budget.”
Referring to the states, Falana noted that Section 121 of the Constitution states that the judiciary’s budget should be passed, and funds allocated directly to the heads of the courts.
Falana argued that while judges do require housing, cars, and security, these provisions must be made by the NJC within its own budgetary framework.
On the issue of demolitions, Falana condemned Wike’s decision to deploy bulldozers to demolish private properties, describing it as “primitive” and a breach of the law.
He noted that 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.”
Falana stressed that the minister has no authority to unilaterally order demolitions without following this legal process.
