Human rights lawyer and senior advocate of Nigeria, Femi Falana, has urged the minister of the Federal Capital Territory, Nyesom Wike, to reference any law granting him the authority to announce a public holiday or limit citizens’ movement during the recently held FCT area council election.
Falana argued that the minister did not possess the authority to announce a public holiday or limit the movement of FCT residents.
The legal expert had, in a discussion with Saturday PUNCH, criticized Wike regarding the public holiday announced before the Saturday election, asserting that the minister did not possess the power to do that.
He noted that only the president, the interior minister, and state governors were legally authorized to announce federal or state holidays.
Wike, during a conversation with journalists in Abuja on Sunday, warned Falana to refrain from commenting on every matter, suggesting that the SAN should consistently verify and ensure his facts are accurate before making public statements.
The minister stated that he had received the president’s consent to limit movement due to a security report indicating that certain individuals intended to bring troublemakers into the FCT.
However, in a statement provided to our correspondent on Monday, Falana rejected Wike’s justification, asserting that the minister’s actions were unlawful.
Falana criticized Wike’s actions on election day, contending that because he wasn’t a registered voter in the FCT, the minister should have adhered to the restriction order he established
He said, “The minister’s defense that the President authorized him to order the restriction of movement is illegal, as the President lacks the power to issue any directive with respect to the conduct of any election in Nigeria.
“The attention of the FCT minister ought to be drawn to Section 160(1) of the Constitution, which provides that the powers of INEC to make its own rules or otherwise regulate its procedure shall not be subject to the approval or control of the President.
“I challenge the FCT Minister, Mr Nyesom Wike, to refer to any law that empowers him to declare a public holiday or restrict the movement of citizens during the just concluded Area Council election.
“Assuming, without conceding, that the President authorised the minister to restrict movement during the election, did that include declaring a public holiday?
“By the way, did the minister comply with the restriction order on Saturday? Did he register to vote in the FCT? Did the restriction order permit him to move around during the restriction period? Did the restriction order permit him to interfere in the election by interrogating electoral officers?”
