Human rights lawyer Femi Falana calls out the FCT Minister for gifting houses and cars to judges, labeling it inappropriate and raising questions about judicial independence.
Femi Falana, SAN, a human rights lawyer, has criticized Minister of the Federal Capital Territory Nyesom Wike for giving houses to judges.
In October, the minister inaugurated the design and construction of 40 judges’ quarters in Katampe District within Abuja, the nation’s capital. This initiative has sparked controversy, with many claiming it is unethical.
During an appearance on Channels Television’s Politics Today on Wednesday, Falana contended that it is inappropriate for the executive branch to offer gifts to members of the judiciary, particularly judges.
According to Falana, “The Minister of the Federal Capital Territory functions similarly to a state governor as per section 299 of the Constitution. Therefore, he cannot allocate resources by stating that out of 40 houses built, 10 will be designated for the federal high court judges and another set for those in FCT high court alongside others assigned to the court appeal or supreme courts.”
As a minister of the Federal Government, akin to a state governor, your budget is restricted to matters concerning the FCT. Consequently, you are not in a position as head of the FCT to distribute gifts such as cars and houses to judges serving in federal high courts, appeal courts, or supreme courts.
“Secondly, considering the principle of equality before the court, it would be inappropriate to give cars or houses to judges who are presiding over your cases.”
According to Falana, the reason for embedding judicial autonomy in the constitution is that judges should not have to rely on the executive branch for purchasing cars and houses.
He argued that the Constitution provides financial autonomy to the judiciary, allowing it to manage its own budget.
Falana criticized Wike for the demolition of private properties in the FCT, calling it “primitive” and a violation of the law.
He stated that such demolitions are not permitted under the Urban and Regional Planning Act applicable in the FCT.
In the FCT, if a house violates the law, the case must initially be presented to the Urban and Regional Planning Board. If the property owner does not succeed there, they can file an appeal with the Urban and Regional Tribunal. Should that also prove unsuccessful, further escalation may lead to taking it up with the High Court where a demolition order might be issued.
Meanwhile, on Wednesday, Wike refuted allegations that constructing residences for judges in Abuja is intended to influence them for political benefit.
He stated that building homes for judges is not his policy; rather, it is part of welfare initiatives introduced by President Bola Tinubu to enhance judicial independence.
During a media chat, Wike clarified that the project was approved in the 2024 budget and emphasized that he is simply fulfilling his responsibility to implement it.
Wike explained: “Tinubu mentioned, ‘Where are the judges living? They lack proper housing and this makes them vulnerable to political manipulation. As a president committed to ensuring judicial independence, I believe that judges must have their own homes.'”
“I am not the President; I feel fortunate to have been appointed as a minister in this administration, with the role of implementing his policies. The President stated clearly what he wants and encouraged us to come forward and explore potential actions.”
“Mr. President approved the inclusion of funds in the 2024 budget submitted to the National Assembly for constructing quarters specifically for judges and justices. The aim is to relocate them from rented accommodations, where they currently reside among potential criminals.”
“Everyone should commend Mr. President for this policy, which is included in the 2024 budget approved by the National Assembly and signed into law by him. So what’s the issue? I’m merely responsible for its implementation; now it’s time to execute it.”
“The Federal Executive Council approved the contract and all its details. It’s not my policy, so how can you blame me for implementing what the Federal Government has authorized?”
Peoplesmind
