A human rights lawyer, Femi Falana, SAN, has condemned the gifting of houses to judges by the Minister of Federal Capital Territory, Nyesom Wike.
The minister had in October flagged off the Design and Construction of 40 Judges’ Quarters in the Katampe District in the nation’s capital, Abuja, which has generated controversy, with many arguing that it is unethical.
Speaking on Channels Television’s Politics Today on Wednesday, Falana argued that it is wrong for the executive to give gifts to the members of the judiciary, especially judges.
“The Minister of the Federal Capital Territory operates like a state governor by virtue of the section 299 of the Constitution. 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 said.
“Because you are a minister of the Federal Government like a state governor your budget is limited to the affairs of the FCT. So, you cannot as the head of the FCT be dishing out gift of cars, houses to judges in the federal hight 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.”
Falana said this is the reason the autonomy of the judiciary has been constitutionalised, saying that the judges have no business going to the executive to buy them cars and houses.
He maintained that the Constitution has granted financial autonomy to the judiciary which gives it authority to manage its own budget.
Falana also faulted Wike on the demolition of private properties in the FCT, describing it as “primitive” and a breach of the law.
According to him, such demolitions are not authorised under the Urban and Regional Planning Act applicable in the FCT.
“In the FCT, if a house has breached the law, the case 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 an order for demolition may be issued.”
‘Not my policy’
Meanwhile Wike on Wednesday denied claims that the building of homes for judges in Abuja is for the purpose of pocketing the judges for political gains.
According to him, the construction of homes for judges is not his policy, but part of welfare packages President Bola Tinubu designed for the judges to promote the independence of the judiciary.
Wike made the clarification during a media chat, insisting that the project was approved in the 2024 budget, and he is only performing his duty of implementing it.
Wike explained: “(Tinubu said) ‘Where are the judges living? They have no homes and therefore open to political manipulation and for me as a president who wants to guaranty the independence of the judiciary judges must have their homes’.
“I am not Mr President; I am only lucky to be appointed as a minister under this administration and who is in the position to implement his policies. And Mr President said, look, this is what he wants, come up and see what we can do.
“It was approved by Mr President, sent to the National Assembly in the 2024 budget that there should be construction of judges and Justices quarters. That they should move judges from where they are renting houses, living among criminals.
“A policy anybody should commend Mr President, it is in the budget of 2024, appropriated by the National Assembly, assented to by Mr President which is a law. What is the problem? I am only the implementor, go and implement this.
“Federal Executive Council approved the contract and everything, it is not my policy, how will you now want to kill me that I am implementing what the Federal Government approved?”
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