Human rights lawyer Femi Falana (SAN) has criticized the Federal Capital Territory Minister, Nyesom Wike, over his recent actions regarding the demolition of houses and provision of residences and cars to judges.
Speaking on Channels Television's Politics Today on Wednesday, Falana argued that Wike's actions were unconstitutional and illegal.
He stressed that if judges needed housing, it should be managed by the National Judicial Council and not by state or federal authorities.
Falana explained that if the executive intends to assist the judiciary, the proper channel is through the National Assembly.
He also condemned the idea of a state official like Wike giving gifts such as cars and houses to federal judges, stressing that the Constitution does not authorize such actions.
“If the executive wants to assist the judiciary, the proper way is to go to the National Assembly,” he said. You may have a supplementary budget. If it turns out that the Judiciary needs accommodation in Abuja, the National Assembly should make the necessary appropriation.
“But the Constitution does not envisage that the Minister of the Federal Capital Territory, like the Governor of Kogi, Ondo, or Cross River State, will offer cars and houses to judges in the federal public sector. No.
“Therefore this matter should be properly investigated and resolved in accordance with the provisions of the Constitution. Of course, judges need homes. Of course, judges need cars. Of course, they need protection. But these must be provided by the NJC within its budget.
Referring to the states, Falana said Section 121 of the Constitution states that the budget of the judiciary must be passed, and funds must be allocated directly to the heads of the courts.
Falana argued that while judges require residence, cars and security, these provisions should be made by the NJC within its budgetary framework.
On the issue of demolition, Falana condemned Wike's decision to deploy bulldozers to demolish private properties, describing it as “primitive” and a violation of the law.
He said such demolition is not authorized under the Urban and Regional Planning Act in force in the FCT.
“In the FCT, if a house has contravened the law, the matter must first be taken to the Urban and Regional Planning Board. If the property owner loses, they can appeal to the Urban and Regional Tribunal. If that fails, the case may go to the High Court, where a demolition order may be issued.
Falana stressed that the minister has no authority to order demolition unilaterally without following this legal process.
(TagstoTranslate)Femi Falana(T)Nesom Wike
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