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 with newsmen 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 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 gifts of cars, 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.
Falana said this is the reason the autonomy of the judiciary has been constitutionalized, 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 authorized 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.”
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