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Falana Slams Wike: Demolitions and Judge Gifts Unconstitutional

Human rights lawyer Femi Falana (SAN) has criticized Federal Capital Territory (FCT) Minister Nyesom Wike for recent actions involving the demolition of houses and the provision of housing and vehicles to judges.

Speaking on Channels Television’s Politics Today, Falana called Wike’s actions unconstitutional and illegal. He argued that any provisions for judges’ housing should be managed by the National Judicial Council (NJC) rather than state or federal officials.

Falana emphasized that if the executive branch wishes to support the judiciary, it should do so through the National Assembly, possibly via a supplementary budget, and that only the National Assembly can make necessary appropriations for such support. He stressed that Wike, as an FCT minister, lacks the constitutional authority to provide federal judges with gifts like houses and cars.

“The executive should approach the National Assembly to allocate funds if it is determined that the judiciary needs housing in Abuja,” Falana said. “The Constitution does not envision the FCT minister, or a governor from any state, gifting cars and houses to federal judges. These matters should be managed in alignment with constitutional provisions. Judges certainly need housing, cars, and security, but these should be provided by the NJC within its budget.”

On the issue of demolitions, Falana condemned Wike’s use of bulldozers to demolish private properties, calling it “primitive” and a violation of the law. He noted that such actions lack authorization under the FCT’s Urban and Regional Planning Act.

“In the FCT, if a house is in violation of the law, the matter should first go before the Urban and Regional Planning Board. If the property owner loses, they can appeal to the Urban and Regional Tribunal, and only then, if upheld, would a High Court issue a demolition order,” Falana explained. He added that the minister cannot bypass these legal steps and unilaterally order demolitions.



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