Mr. Femi Falana, a renowned human rights lawyer and Senior Advocate of Nigeria (SAN), has criticized Minister of the Federal Capital Territory Nyesom Wike’s decision to give houses to judges, labelling it unconstitutional.
Persecondnews recalls that the minister in September flagged off the construction of 40 houses for judges in the Katampe District in the nation’s capital, Abuja, sparking public outrage.
Upon completion, Wike announced the allocation of 20 houses to judges of the FCT High Court, 10 to judges of the Federal High Court, and the remaining 10 to judges of the Court of Appeal.
Speaking on Channels TV Politics Today anchored by Seun Okinbaloye on Wednesday and monitored by Persecondnews, Falana argued that it is inappropriate for the executive branch of government to give gifts to members of the judiciary, particularly judges.
He said: “The Minister of the Federal Capital Territory operates like a state governor by virtue of 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 the Supreme Court court, No.
“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 gifts of cars and houses to judges in the federal high court, in the appeal court, and in the supreme court.
“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.”
Falana emphasized that judges’ housing should be managed by the National Judicial Council within its own budgetary framework, and any assistance from the executive to the judiciary should be routed through the National Assembly to ensure transparency and accountability.
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.”
Meanwhile, Wike denied allegations on Wednesday that the housing project for judges in Abuja aims to exert political influence, instead attributing the initiative to President Bola Tinubu’s welfare plan to bolster judicial independence.
He said, “(Tinubu said, ‘Where are the judges living? They have no homes and are therefore open to political manipulation, and for me as a president who wants to guarantee the independence of the judiciary, judges must have their homes’.
“I am not Mr. President; I am only lucky to be appointed as a minister under this administration and who is in the position to implement his policies. And Mr. President said, Look, this is what he wants; come up and see what we can do.
“It was approved by Mr. President and sent to the National Assembly in the 2024 budget that there should be construction of judges and justices quarters. That they should move judges from where they are renting houses, living among criminals.
“A policy anybody should commend Mr. President; it is in the budget of 2024, appropriated by the National Assembly, assented to by Mr. President, which is a law. What is the problem? I am only the implementor; go and implement this.
“The Federal Executive Council approved the contract and everything; it is not my policy. How will you now want to kill me that I am implementing what the Federal Government approved?”
Leave a comment