Falana slams Wike on houses for FCT judges, says it's unconstitutional – Newstrends
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Falana slams Wike on houses for FCT judges, says it’s unconstitutional

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Human rights lawyer, Femi Falana, SAN

Falana slams Wike on houses for FCT judges, says it’s unconstitutional

Human rights lawyer, Femi Falana, SAN, yesterday, once again flayed the construction of houses for judges and justices by the Ministry of the Federal Capital Territory (FCT), saying the action is unconstitutional.

Speaking on a programme on Channels Television, he said the action is an embarrassment to the Judiciary which ought to maintain its independence as one of the three arms of government in Nigeria.

It would be recalled that in September, the Federal Executive Council (FEC) approved the construction of 40 housing units for judges and justices in the FCT.

FCT Minister, Nyesom Wike, revealed this to State House correspondents after the 18th Council meeting, which was chaired by President Bola Ahmed Tinubu, at the Aso Rock Villa, Abuja.

He said the decision was part of the government’s Renewed Hope Housing agenda to provide secure and convenient accommodation for judicial officers.

Of the 40 units to be constructed in the Katampe District, 20 will be allocated to the FCT High Court, 10 to the Federal High Court, and 10 to the Court of Appeal.

The land on which the houses would be built was seized by the FCT administration from the construction giant, Julius Berger Nigeria.

Nothing wrong with what I did – Wike

Speaking yesterday during a media chat, the FCT minister denied allegations the building of the houses for judges in Abuja was aimed at “pocketing them for political gains”.

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Wike insisted that the project was approved in the 2024 budget, and that he was only performing his duty by implementing it.

He said the building of the judges’ quarters was not his policy but part of welfare packages that President Tinubu designed for the judges to promote the independence of the judiciary.

Wike said Tinubu asked him, ‘Where are the judges living? They have no homes and are, therefore, open to political manipulations and for me as a president, who wants to guarantee 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. 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.

“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 implementer,” he said.

Wike further insisted that there was nothing wrong even if it was his idea to construct homes for judges, adding that he did something similar as governor of Rivers State.

Falana counters minister

Speaking on Channels Television’s Politics Today last night, Mr. Falana maintained that such action was not good for the Judiciary.

 “As a member of the body of benchers, there is provision for it under the current democratic dispensation. There are three arms of the government, the Judiciary, the Executive and the Legislature. Each of them today enjoys financial autonomy; in fact, there are three judgments of the Federal High Court to the effect that the judiciary is financially autonomous.

“One of them was obtained by my friend, and the other by the Judiciary Staff Union of Nigeria (JUSUN). Those judgments were disobeyed. When President Muhammadu Buhari also tried to recognise the independence and financial autonomy of the Judiciary via Executive Order at the tail end of 2020, governors also went to court and the Supreme Court declared it illegal. But the National Assembly and all the states’ Houses of Assembly later amended the provisions of the constitution to declare in Section 23, that all the funds of the Judiciary every year at the federal level shall pass to the National Judicial Council (NJC).

“For the states, the budget of the Judiciary, the money would be given to the heads of courts.

“So, if you want to buy cars, build houses, they are to be carried out from the budget of the Judiciary. The minister did not answer the question which was to the effect that; can you give houses to the judges before whom you have cases? Because, justice must not just be done, it must be seen to have been done.

“And people in the Executive must stop embarrassing the Judiciary. Now, look at the contradictions; it is more like the governor of Kaduna, Zamfara, Cross River or Lagos State coming to give federal judges houses in Abuja; no!

“The Minister of FCT 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 have gone to the Federal High Court, 10 to the FCT High Court and 10 have gone to the Court of Appeal and Supreme Court. No!” he said.

Mr. Falana further stated: “Because you are a minister of the federal government like a state governor, your budget is limited towards the affairs of the Federal Capital Territory. So, you cannot as the head of the FCT be dishing out cars and houses to the judges in the Federal High Court, Court of Appeal and the Supreme Court.

“Secondly, you have cases before these courts. On the theory of equality before the law, you cannot be seen to be giving cars or houses to judges who are going to determine your cases. And that is why the autonomy of the Judiciary has now been constitutionalised.

“In 2024, what was initially budgeted for the judiciary was N116 billion, but when the National Assembly was convinced on the need for houses and cars for judges and so on and so forth, the budget was increased to N345 billion.

“So, our judges don’t have business going to the Executive to get cars and houses for them. We must now have to operate under the law. Under the constitution, there is no provision for it”, he affirmed.

 

Falana slams Wike on houses for FCT judges, says it’s unconstitutional

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EKEDC blames faulty transmission lines for poor power supply in Lagos

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EKEDC blames faulty transmission lines for poor power supply in Lagos

Lagos residents have been grappling with persistent power outages as the Eko Electricity Distribution Company (EKEDC) on Monday attributed the situation to faults on the 330kV transmission lines supplying power to the region.

In a statement signed by EKEDC, the company explained that the reduced power allocation from its partners at the Transmission Company of Nigeria (TCN) has led to load-shedding across its network.

“This is to kindly update you that we are still experiencing reduced power allocation from our TCN partners due to faults on the 330kV lines feeding the Lagos region,” EKEDC said.

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The company assured customers that efforts are underway to restore normal supply in collaboration with TCN and other stakeholders.

“Rest assured that we are taking all necessary steps to address the situation as we work closely with TCN and other partners to resolve the issue and ensure a more stable power supply soonest.”

Lagos has been experiencing erratic power supply since last week, with many residents expressing frustration over the prolonged outages.

The statement, however, did not specify a timeline for full restoration, leaving many Lagosians uncertain about when they can expect improved electricity supply.

EKEDC blames faulty transmission lines for poor power supply in Lagos

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BREAKING: Rivers Assembly issues warrant of arrest on RISIEC chairman

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Chairman of the Rivers State Independent Electoral Commission (RSIEC), Justice Adolphus Enebeli (rtd)

BREAKING: Rivers Assembly issues warrant of arrest on RISIEC chairman

The Rivers State House of Assembly has issued a warrant of arrest on the Chairman of the Rivers State Independent Electoral Commission (RSIEC), Justice Adolphus Enebeli (rtd) following his refusal to appear before the lawmakers.

The arrest warrant was issued on Monday by the lawmakers during a plenary after the 72-hour ultimatum they gave to Enebeli expired.

The lawmakers on Friday last week renewed the ultimatum from 48 hours to 72 to enable the RISIEC boss appear on the floor of the House to answer questions on the circumstances that surrounded the nullified October 2024 local government elections.

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Enebeli was expected to appear alongside other RISIEC commissioners, but failed to do so.

The RISIEC boss and his commissioners, however, filed a suit at the State High Court challenging the resolutions of the lawmakers.

BREAKING: Rivers Assembly issues warrant of arrest on RISIEC chairman

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Tension in Oyo as residents protest 23-day curfew for Alaafin’s traditional rites

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Newly appointed Alaafin of Oyo, Oba Akeem Abimbola Owoade

Tension in Oyo as residents protest 23-day curfew for Alaafin’s traditional rites

There is palpable tension in the ancient town of Oyo as residents react to the 23-day curfew announced by Rotimi Osuntola, Chief of Staff to the newly appointed Alaafin of Oyo, Oba Akeem Abimbola Owoade.

The curfew, which follows the commencement of Oro Ipebi, is part of the traditional rites leading up to the formal ascension of the Alaafin.

However, the timing of the curfew, which comes just six days into the Ramadan fast, has sparked criticism from Islamic scholars, legal practitioners, and academics. Some have described the decision as insensitive and an infringement on religious and human rights.

A former Amir of the Muslim Students Society of Nigeria (MSSN), Professor Taofiq Yekini, strongly condemned the move, calling it an “invitation to crisis.” He criticized the timing, stating that it disrupts essential religious activities during Ramadan.

“It is insensitive. The issue of the rites to the throne was delayed to the period of Ramadan when we knew that the period of Ramadan, morning and night, are usually characterised by activities. Then you are now imposing a curfew at the period when you know that the Muslims will be busy morning and night throughout this period, that is insensitivity. It is insensitivity on the part of the people that declared it and even the government for allowing such to stay.

So, if the Muslims now react, they will be blaming the Muslims. We want the general public to know that this is an invitation to crisis. That is what they are calling for,” he said.

Dr. Mikail Abdulsalam, a lecturer in the Department of Arabic and Islamic Studies at the University of Ibadan, expressed concerns that the curfew could lead to religious conflict if not addressed. He emphasized that restricting movement in the name of traditional rites is a violation of human rights.

“The imposition of curfew is a violation of human rights. Declaring a curfew in the name of the appointment of a new king or traditional rites for the new king is a violation of human rights. It is quite unfortunate that no single human rights advocate has ever condemned this. If it is the Muslims that did this, some people will say it is anti-people.

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“Why will they tell people not to move between 8pm and 5am when some people may need urgent medical attention?

“That is a prime time for some people to do their businesses. So, declaring curfew in the name of traditional rites is a violation of human rights. We are civilized beyond all these things and it is barbaric. It is unconstitutional. You cannot say because someone wants to become king, people should not go out, who is he going to rule?

“Painfully, no one is condemning it, the security agencies, the state and local governments are not saying anything about it. Why is it that a single entity is declaring curfew when we have the government?

“Muslims need to go out and observe Solat Ishai and that will be affected, and if this is not taken seriously, it can lead to religious conflicts. I am at liberty to go out at that time to pray under the Nigerian constitution, so, I have never for once infringed on other people’s rights and you are telling me not to go, so, it is an infringement on my right; it may lead to religious conflicts, go and write it down. If it does not happen today, it will happen somewhere in Yoruba land if they continue like this.

“It is like gunpowder, it is going to blow one day. If people say that they want to go out and pray and you see some people saying they should arrest them, then it can lead to conflicts.” he said

Dr. Sulaiman Adewale Alagunfon, an Islamic scholar and Director of the Academy of Arabic and Islamic Studies, Ibadan, described the situation as a test from Allah. He urged Muslims in Oyo to remain steadfast despite the restrictions.

“This situation serves as a test of our Islamic faith and reveals where the new king truly stands. For a purported ‘Muslim’ king to declare and enforce such anti-Islamic measures, citing ‘traditional rites’ during this sacred month, clearly highlights his true allegiance. As we have observed throughout his nomination, it has become evident that he does not genuinely adhere to Islam, even though he retains his Muslim name as a façade.

“This singular act demonstrates his opposition to Islam and the Muslim community. If he were truly observing the fast and fulfilling his Islamic obligations as a Muslim, he would understand the profound disrespect it shows to the feelings of Muslims to restrict movement during a month when the ‘nights’ hold great significance for our faith. He would recognize that night prayers, such as Tarawih, Tahajjud, and Laylat al-Qadr, as well as Sahur, are essential practices that require Muslims to move from one place to another during the nights of Ramadan for various reasons.

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“I urge the Muslims in Oyo Town to remain steadfast and committed to their acts of worship during this holy month of Ramadan. The imposition of a curfew should be viewed as a test from Allah, who wants to see how dedicated Muslims can be in challenging circumstances,” he stated.

An Ibadan-based lawyer, Barrister Abiodun Amole, condemned the curfew as unconstitutional and unjustifiable. He argued that the curfew violates Section 41(1) of the 1999 Constitution, which guarantees the right to freedom of movement.

“Without mincing words, the declaration of a 23-day curfew in the ancient town of Oyo under the guise of performing Ipebi rites is a gross violation of the spirit and letter of Section of Section 41(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which guarantees citizens’ right to freedom of movement.

“The so-called curfew is extra-constitutional, unilateral, inconsiderate and unjustifiable to say the least. Section 41(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) expressly provides thus: ‘Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereto or exit therefrom’.

“Furthermore, the purported curfew is also contrary to Article 13(1) of the Universal Declaration of Human Rights adopted by the United Nations on 10th December, 1948 and Article 12 (1) of the African Charter On Human and Peoples’ Rights. Article 13(1) of the Universal Declaration of Human Rights states thus: ‘Everyone has the right to freedom of movement and residence within the borders of each state’.

“In a similar vein, Article 12(1) of the African Charter On Human and Peoples’ Rights provides that: ‘Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law’. Having regard to the above clear provisions of the grundnorm and the two treaties to which the Federal Republic of Nigeria is a signatory, the scenario currently playing out in Oyo town amounts to sheer illegality.

“Any traditional rites that infringe on citizens’ rights in any way or manner whatsoever cannot stand in a democratic society where the rule of law is sacrosanct.” Amole argued.

Dr. Bayonle Busari, a lecturer at Lead City University, warned that if the curfew is not reviewed, it may lead to a breakdown of law and order. He emphasized that the situation must be handled carefully to avoid rebellion.

“There is the need to handle the coronation rites with caution so as not to make living difficult for the subjects who Kabiyesi will rule over. There may be an obvious clash between tradition and the right to free movement and religion, which the constitution guarantees as inalienable.

“The period coincides with the fasting month of both Muslims and Christians who form the larger percentage of the indigenes and residents of the ancient town.

“Not only this, Oyo town is a corridor for those who commute between the north and south of the country, and the restriction will obviously curtail their movement.

“I think, in view of the prevailing time, the restriction could be reviewed in a way that will not lead to a probable rebellion and breakdown of law and order.”

 

Tension in Oyo as residents protest 23-day curfew for Alaafin’s traditional rites

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