Human rights lawyer Femi Falana, SAN, has condemned the gifting of houses to judges by Nyesom Wike, the Minister of the Federal Capital Territory.
In October, Wike initiated the Design and Construction of 40 Judges’ Quarters in the Katampe District of Abuja, which has sparked controversy, with many arguing that it is unethical. Speaking on Channels Television’s Politics Today, Falana asserted that it is inappropriate for the executive to provide gifts to members of the judiciary, particularly judges.
“The Minister of the Federal Capital Territory operates like a state governor by virtue of Section 299 of the Constitution. He cannot simply declare, ‘I am going to build 40 houses; 10 shall go to the Federal High Court, 10 to judges in the FCT High Court, and 10 to the Court of Appeal and Supreme Court,’” Falana stated. “As a minister of the Federal Government, like a state governor, your budget is limited to the affairs of the FCT. Therefore, you cannot, as the head of the FCT, be distributing gifts of cars and houses to judges in the Federal High Court, the Appeal Court, and the Supreme Court.”
Falana emphasized that the principle of equality before the law prohibits the perception of favoritism created by such gifts, especially as the recipients are judges who will adjudicate cases involving the executive.
He reiterated that the autonomy of the judiciary is enshrined in the Constitution, which grants judges the independence to manage their own affairs without seeking gifts from the executive.
Additionally, Falana criticized Wike for the demolition of private properties in the FCT, labeling it “primitive” and a violation of the law. He explained that such demolitions are not authorized 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,” he stated.