Femi Falana, a human rights lawyer, has criticised Nyesom Wike, minister of the federal capital territory (FCT), for gifting houses to judges.
In September, the minister flagged off the construction of 40 houses for judges in Abuja, which sparked a public outrage.
He said 20 of the houses, when completed, would be allocated to judges of the FCT high court, while 10 would be given to the judges of the federal high court and 10 to those of the court of appeal.
However, Wike on Wednesday denied the claim that the houses are being constructed to pocket the judges for political gains.
He said the construction of homes for judges is part of President Bola Tinubu welfare packages designed to promote the independence of the judiciary.
Reacting to the development during an appearance on Politics Today, a Channels Television programme, on Wednesday, Falana said the judges have no business going to the executive to buy them cars and houses.
The senior advocate of Nigeria (SAN) said autonomy of the judiciary has been constitutionalised.
“The minister of the federal capital territory operates like a state governor by virtue of the section 299 of the Constitution,” Falana said.
“So, he cannot say I am going to build 40 houses; 10 shall go to the federal high court, 10 shall go to judges in the FCT high court and 10 shall go to the court of appeal and supreme court
No!
“Because you are a minister of the federal government like a state governor, your budget is limited to the affairs of the FCT.
“So, you cannot, as the head of the FCT, be dishing out gifts of cars and houses to judges in the federal high court, in the appeal court and the supreme court.
“Number two, you have cases before these courts, on the theory of equality before the court you cannot be seen to be giving cars or houses to the judges who are going to determine your cases.”
Falana said judges’ housing should be managed by the national judicial council, adding that executive assistance to the judiciary should go through the national assembly.
“If the executive wants to assist the judiciary, the appropriate approach is to go to the national assembly. You can have a supplementary budget,” he said.
“If it has been discovered that the judiciary needs housing in Abuja, then the national assembly should make the necessary appropriations.
“But the constitution does not anticipate that the minister of the federal capital territory, like a governor of Kogi, Ondo, or Cross River State, would offer cars and houses to judges in the federal public sector. No.
“That is why this matter needs to be properly scrutinised and resolved in line with the provisions of the Constitution.
“Judges need houses, of course. Judges need cars, of course. They need security, of course. But these should be provided by the NJC within its budget.”
