Falana tackles Wike over housing gifts to judges
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Human rights lawyer and Senior Advocate of Nigeria, Chief Femi Falana has berated the Minister of the Federal Capital Territory, Mr Nyesom Wike over his recent decision to allocate housing for judges in Abuja.
Recall that in September, Wike announced a housing project to build 40 homes for judges, sparking widespread public debate.
The initiative plans to provide 20 houses for judges of the FCT High Court, 10 for federal high court judges, and 10 for judges of the court of appeal.
The move has drawn scrutiny, with some questioning whether it compromises judicial independence by creating potential ties to the executive arm.
In response to the backlash, Wike defended the housing initiative, dismissing claims that it is intended to curry favor with the judiciary.
According to Wike, the housing project is part of President Bola Tinubu’s broader welfare package to ensure judicial independence by enhancing the judges’ welfare.
But during interview on Channels Television, Falana challenged this justification, arguing that judges should not be reliant on the executive for their housing and transportation needs.
He stressed that the Nigerian Constitution already guarantees judicial autonomy, suggesting that such welfare packages might undermine the judiciary’s independence.
“The minister of the federal capital territory operates like a state governor by virtue of the section 299 of the Constitution,” Falana said.
“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 supreme 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.
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“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 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.”
Speaking further, Falana said judges’ housing should be managed by the national judicial council, adding that executive assistance to the judiciary should go through the national assembly.
“If the executive wants to assist the judiciary, the appropriate approach is to go to the national assembly. You can have a supplementary budget,” he said.
“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.”
