FCT Poll: Falana Queries Wike’s Power to Declare Public Holiday

FCT Poll: Falana Queries Wike’s Power to Declare Public Holiday

Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has challenged the Minister of the Federal Capital Territory, Nyesom Wike, to publicly cite any law empowering him to declare a public holiday or impose movement restrictions during the recently concluded FCT area council election.

Falana insisted that the minister acted outside the law, arguing that the authority to declare public holidays in Nigeria does not reside with the FCT minister. According to him, only the President, the Minister of Interior, and state governors are legally authorised to announce federal or state holidays.

The senior lawyer criticised the declaration of a work-free day ahead of the election, saying it amounted to an abuse of executive power and a dangerous precedent capable of undermining constitutional governance.

Wike had earlier defended his decision, claiming he acted with the consent of the President after receiving a security report suggesting that some individuals planned to transport troublemakers into the Federal Capital Territory to disrupt the polls. He also cautioned Falana against commenting on every national issue without verifying facts.

READ ALSO:

• • Iran Threatens ‘Ferocious’ Retaliation as Trump Weighs Military Action
  • Tinubu to Governors: State Police Must Begin Now
  • Ten Killed in Coordinated Bandit Attacks in Plateau

 

However, Falana, in a statement issued on Monday, dismissed the minister’s justification, stressing that even the President lacks the constitutional power to issue directives concerning the conduct of elections.

“The minister’s defence that the President authorised him to order the restriction of movement is illegal, as the President has no power whatsoever to direct how elections are conducted in Nigeria,” Falana said.

He referenced Section 160(1) of the Constitution, which guarantees the independence of the Independent National Electoral Commission (INEC), noting that the commission’s powers to regulate elections are not subject to presidential or ministerial control.

Falana further questioned Wike’s conduct on election day, pointing out that the minister is not a registered voter in the FCT and should therefore have strictly complied with the restriction order he announced.

“I challenge the FCT Minister to refer to any law that empowers him to declare a public holiday or restrict the movement of citizens during the Area Council election,” Falana said.

“Assuming, without conceding, that the President authorised movement restriction, did that authorisation include declaring a public holiday? Did the minister himself comply with the restriction order? Did it permit him to move around or interfere with electoral officers?”

The dispute has reignited national debate over ministerial powers in the FCT, election-day movement restrictions, and the need to protect INEC’s independence from executive interference.

Legal observers say the controversy highlights the importance of strict adherence to constitutional provisions to preserve public confidence in Nigeria’s electoral process.

FCT Poll: Falana Queries Wike’s Power to Declare Public Holiday