By: Chioma Madonna Ndukwu
Femi Falana, a prominent Nigerian human rights lawyer and Senior Advocate of Nigeria (SAN), has responded to the Federal Capital Territory Minister, Nyesom Wike, after Wike criticized his interpretation of a recent Supreme Court ruling.
Falana has challenged Wike to file a formal complaint with the Legal Practitioners’ Disciplinary Committee (LPDC) if he believes Falana misrepresented the court’s decision.
This exchange follows Wike’s public accusation that Falana wrongly analyzed the Supreme Court’s judgment regarding the defection of 27 lawmakers from the Rivers State House of Assembly, an issue that was widely discussed in the media.
In a statement titled “I Did Not Lie Against the Supreme Court of Nigeria,” Falana rejected Wike’s claims as groundless and unfounded, accusing the minister of attempting to provoke tensions with the judiciary.
Falana asserted that Wike’s attack was an unjustified effort to discredit him.
Clarifying his stance, Falana explained that the defection case was still under the jurisdiction of the Federal High Court in Port Harcourt when the Supreme Court issued its ruling.
He confirmed that the matter was raised suo motu (on the court’s own initiative) and was decided by the Supreme Court Justices accordingly.
Falana also noted that video evidence and sworn affidavits from the lawmakers in question confirmed their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
He stressed that his right to critique court judgments is protected by both the Nigerian Constitution and international human rights conventions.
“My right to criticize judicial decisions is safeguarded by Section 39 of the Constitution of Nigeria and Article 9 of the African Charter on Human and Peoples’ Rights,” Falana said.
Addressing Wike’s earlier comments on a Channels TV interview, where he accused Falana of misleading the public, Falana said:
“Mr. Wike subjected me to another baseless attack, alleging I lied about the defection status of certain legislators.”
Falana dismissed these claims as distractions from the real issues, further accusing Wike of hypocrisy due to his frequent public denouncements of judges whose rulings don’t align with his political views.
“Unlike Mr. Wike, who disparages judges when their decisions do not support his political agenda, I have always criticized court judgments respectfully and in good faith,” Falana remarked.
He cited the famous 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,” to defend the practice of judicial scrutiny.
Falana also quoted former Chief Justice Ibrahim Tanko Muhammad, who emphasized the importance of public critique, saying, “You have the responsibility of drawing our attention to where things are going wrong or on the verge of going wrong.”
Addressing Wike’s accusations, Falana invited the minister to take formal action if he believed he had violated any professional standards.
“Since he has assumed the role of defender of the judiciary, I challenge him to report me to the Legal Practitioners’ Disciplinary Committee for professional misconduct,” Falana stated.
On the topic of legislative defection, Falana expressed concern about the Supreme Court’s recent requirement for evidence of defection through a party’s membership register.
He warned that this could encourage “political opportunism” among certain lawmakers.
Falana urged the Court to revert to its earlier rulings, such as in Attorney-General of the Federation v. Abubakar and Abegunde v. Ondo State House of Assembly, where the Court had ruled that legislators who defected automatically lost their seats.
Concluding his statement, Falana firmly rejected Wike’s allegations:
“It is clear that Mr. Wike’s claims against me are unfounded… He has failed in his attempt to turn the Justices of the Supreme Court against me without cause.”
In a separate media exchange, Wike had mocked Falana for losing a case that he had originally won at the Supreme Court, calling him a “television lawyer.” Falana, however, chose not to engage, instead responding:
“Mr. Wike is the only life bencher in Nigeria who has never handled a case in any trial or appellate court.”
He added, “It is no crime for a lawyer to lose a case. Only a corrupt lawyer wins every case in every court.”
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