- Gifting Judges Cars, Houses, Illegal, Unconstitutional — Falana
- Gifts Part Of Welfare Initiatives For Judiciary, No Ulterior Motive Intended — Wike
By Kolawole Ojebisi
Human rights lawyer and a Senior Advocate of Nigeria, Femi Falana (SAN), has berated the Federal Capital Territory Minister, Nyesom Wike, for doling out gifts such as houses and cars to judges.
The senior Advocate of Nigeria also did not spare the minister for demolishing houses in the city of Abuja
Falana spoke while featuring on Channel’s Television’s Politics Today on Wednesday night, stressing that Wike’s actions were unconstitutional and illegal.
He noted that provision of houses and cars to judges are outside the purview of Wike’s office adding that there might be more to the minister’s supposed generosity than meets the eye.
According to Falana the Constitution does not authorise Wike’s actions.
The legal luminary 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 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.
Meanwhile, in a swift reaction to Falana’s criticism, the FCT minister, Nyesom Wike, clarified the rationale behind the gifts of cars and homes given to judges.
Wike noted that there’s no ulterior motives behind the project adding that he is not interested in influencing the judiciary through the project.
The FCT minister stressed that the housing project is part of President Bola Ahmed Tinubu’s welfare initiative for the judiciary, aiming to bolster its independence rather than compromise it.
Wike said this in a media briefing on Wednesday while replying to the deluge of criticisms trailing the supposed kind gestures.
He explained that the project is a key provision in the 2024 federal budget, noting that the Tinubu administration recognized the need for judges to have secure, government-owned residences as a measure against potential manipulation.
“President Tinubu asked, ‘Where are the judges living?’ He emphasized that judges without stable homes could be subject to undue political pressure. To ensure judicial independence, he mandated the construction of housing for them,” Wike stated.
He continued, “I’m simply implementing what Mr. President and the Federal Executive Council have approved and what the National Assembly has budgeted.”
Wike emphasized that, as a minister, he is executing a policy that was legislated and approved at the federal level, adding,
“I’m not the President. This is his vision to support the judiciary’s independence.”
Reflecting on his past as Rivers State governor, where he also supported judicial housing, Wike questioned why the project should be criticized instead of commended, especially by members of the legal profession.
He argued that similar welfare measures have proven effective in securing judicial independence and should be seen as a positive step.
The housing initiative, passed with bipartisan support, represents the government’s commitment to supporting judges’ welfare. Wike’s clarification aims to quell suspicions surrounding the project, underscoring it as a federal policy to promote integrity within Nigeria’s judicial system.
