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Saturday, May 10, 2025

Falana challenges Wike over Supreme Court judgment critique

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Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has dared Nyesom Wike, the Minister of the Federal Capital Territory (FCT), to report him to the Legal Practitioners’ Disciplinary Committee (LPDC) over his analysis of the Supreme Court’s judgment on the political crisis in Rivers State.

In a statement issued on Sunday titled “I Did Not Lie Against the Supreme Court of Nigeria,” Falana refuted Wike’s accusations of misrepresenting the Supreme Court’s ruling regarding the defection of 27 members of the Rivers State House of Assembly.

According to Falana, Wike’s claims were “spurious” and aimed at inciting the Supreme Court against him.

Falana asserted that contrary to Wike’s assertion, he had neither lied nor misrepresented the Court’s decision.

Wike had previously criticized Falana during a press conference in Abuja, accusing the senior lawyer of spreading false information about the defection case on Channels TV.

Wike stated, “If someone of Femi Falana’s calibre can go on national television and lie, it’s very serious. Lies can cause a lot of crises.”

In response, Falana explained that Wike’s attack was part of a pattern of baseless accusations. He clarified that the defection case was still pending in the Federal High Court in Port Harcourt when the Supreme Court ruled on the matter.

Falana emphasized that the Supreme Court’s involvement was suo motu (on its own initiative), and the Justices had determined the issue accordingly.

Falana further defended his stance, stating, “I did not lie against the Supreme Court regarding the judgment in question. I only mentioned that the matter was raised suo motu and was addressed by the esteemed Justices of the apex court.”

He also referenced video footage and a sworn affidavit in which the 27 legislators confirmed their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

Falana maintained that his right to criticize court decisions was safeguarded by the Nigerian Constitution and international human rights law, specifically referencing Section 39 of the Constitution and Article 9 of the African Charter on Human and Peoples’ Rights.

The SAN also accused Wike of hypocrisy, pointing to his history of attacking judges when rulings do not align with his political views.

“Unlike Mr. Wike, who often attacks judges when their rulings differ from his political interests, I have always criticized judgments with respect and good faith,” Falana said.

He also invoked the words of the late Justice Oputa in the Adegoke Motors Limited v. Dr. Babatunde Adesanya case: “We are final not because we are infallible; rather, we are infallible because we are final.” Falana reminded that the judiciary remains open to constructive criticism.

Falana then challenged Wike to pursue legal action if he truly believed that he had violated any professional codes of conduct.

“Since Mr. Wike has become the self-appointed defender of the judiciary, I challenge him to report me to the LPDC if he believes I have breached any ethical standards,” Falana declared.

On the topic of legislative defection, Falana warned that the Supreme Court’s recent ruling—requiring proof of defection through a party’s membership register—could potentially allow “unpatriotic politicians to justify political opportunism” in Nigeria.

He urged the court to follow its earlier precedents, such as in the cases of Attorney-General of the Federation v. Abubakar and Abegunde v. Ondo State House of Assembly, which stated that legislators who defect automatically lose their seats.

In conclusion, Falana stated that Wike’s efforts to discredit him had been unsuccessful.

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