…Gesture not politically motivated, aimed at strengthening judicial independence – Wike
Senior Advocate of Nigeria and human rights lawyer, Mr. Femi Falana, has condemned the gifting of houses to judges by the Minister of the Federal Capital Territory (FCT), Nyesom Wike.
Falana argues that it is inappropriate for any executive official to gift properties to members of the judiciary.
In September, Wike launched the construction of 40 houses for judges in Abuja’s Katampe District.
He announced that these houses, once completed, would be allocated to judges from three courts: 20 houses to the FCT High Court, 10 to the Federal High Court, and 10 to the Court of Appeal.
Falana, however, believes that such gifts create conflicts of interest and could undermine the judiciary’s independence.
The human rights lawyer voiced his concerns during an interview on Channels Television’s Politics Today on Wednesday, emphasizing that Wike’s actions were unconstitutional.
“The Minister of the Federal Capital Territory operates like a state governor by virtue of section 299 of the Constitution,” Falana explained.
“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,” Falana added.
Falana insisted that the budget for the FCT, like that of any state, should not extend to providing gifts for federal judges, especially given that these judges may preside over cases involving the FCT.
“On the theory of equality before the court,” Falana argued, “you cannot be seen to be giving cars or houses to the judges who are going to determine your cases.”
According to Falana, housing provisions for judges should be managed by the National Judicial Council (NJC) and not by an FCT minister.
He stressed that if the executive branch genuinely wanted to support the judiciary, the matter should be handled through the National Assembly.
“If the executive wants to assist the judiciary, the appropriate approach is to go to the National Assembly,” Falana stated.
He elaborated that any such assistance could be requested through a supplementary budget.
“If it has been discovered that the judiciary needs housing in Abuja, then the National Assembly should make the necessary appropriations,” he suggested.
Falana reiterated that the Constitution does not permit a minister or governor to personally offer cars or houses to federal judges.
“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,” Falana affirmed.
However, Wike has denied allegations that the housing project is politically motivated.
On Wednesday, Wike explained that the housing initiative was not his personal decision but rather a welfare project approved by President Bola Tinubu.
According to Wike, the project was initiated to strengthen judicial independence by providing judges with secure housing.
“President Tinubu asked, ‘Where are the judges living? They have no homes and are therefore open to political manipulation,’” Wike explained.
Wike said that Tinubu had ordered the construction of homes for judges to protect them from undue influence.
“I am not Mr. President; I am only fortunate to be appointed as a minister under this administration,” Wike clarified.
