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FCT Minister Nyesom Wike has refuted claims by human rights lawyer Femi Falana that providing housing and cars to judges is unconstitutional, asserting that Falana’s position is flawed.
In a statement issued by his media aide, Lere Olayinka, Wike defended the Federal Government’s initiative, arguing that “there is nothing wrong in the Federal Government providing accommodation for judges as well as officials of other arms of government.”
Olayinka emphasized that the principle of separation of powers is not absolute and criticized Falana’s stance as being driven by emotions and sentiments. “Wouldn’t there still be need for land from the FCT Ministry if the houses were to be built by the judiciary? And if it is about exercising influence over the judiciary, is allocation of lands not enough?” he asked.
The minister’s aide also questioned the implications of Falana’s argument, citing examples of judicial interactions with other government entities. “The money to build the houses will still have to be appropriated by the National Assembly, peopled by politicians who also have cases before judges. Should we also say that bringing the budget of the judiciary to the National or State House of Assembly for passage will influence judges if cases involving the lawmakers are brought before them?”
Olayinka extended the argument further, stating, “Police and other security agencies provide security for judges and they do have court cases too, is Uncle Femi Falana also saying that the security agencies will influence the judges? Anti-corruption agencies like the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offenses Commission (ICPC) investigate and prosecute judges. Will Oga Femi Falana also say that investigation and trial of judges for alleged corruption should not be done by the anti-graft agencies so as to avoid influencing the judiciary?”
In a pointed critique, he added, “May be too, judges should create their own hospitals so that doctors, especially those in public hospitals won’t influence them. After all, medical practitioners too do have cases in court. Finally, may be judges should stop having friends and family members. They should be operating in seclusion so that no one will influence them. Or they should just create their own world so that they won’t be influenced by anyone.”
Olayinka urged Falana to focus on ensuring judges are comfortable and secure to perform their duties effectively. He concluded by referencing judicial practices in the United States, stating, “Even in the United States of America where Supreme Court justices are seen as affiliated to political parties, right things are still done by the justices.”
