Falana sparks legal storm, challenges Wike’s power to impose FCT election restrictions
By Khubayb Adefaka
The President lacks the power to give any order with respect to the conduct of any election in Nigeria,” Falana said
Abuja — Senior Advocate of Nigeria, Femi Falana, has challenged the legality of actions taken by the Minister of the Federal Capital Territory (FCT), Nyesom Wike, during the recent Abuja Municipal Area Council (AMAC) elections, particularly the declaration of a public holiday and the restriction of movement.
In a statement released in Abuja, Falana said his position was based on relevant provisions of Nigerian law. He explained that only the President and the Minister of Interior are empowered to declare public holidays for the entire country or within the FCT, while state governors may declare holidays within their respective states. According to him, the FCT Minister does not have the constitutional authority to declare a public holiday.
Falana also questioned whether the President had authorized the restriction of movement during the council election. He noted that the declared holiday was not widely observed, pointing out that courts in the FCT operated as usual and security agencies did not enforce the movement restriction.
The senior lawyer further raised concerns about Wike’s personal conduct during the election, asking whether the minister had registered to vote, complied with the restriction order, or interfered with the electoral process by interrogating election officials.
“The Minister’s defence that the President authorized him to order the restriction of movement is illegal, as the President lacks the power to give any order with respect to the conduct of any election in Nigeria,” Falana said.
He cited Section 160(1) of the Constitution, which provides that the powers of the Independent National Electoral Commission (INEC) to regulate its procedures “shall not be subject to the approval or control of the President.”
Falana challenged Wike to identify any law that grants him the authority to declare a public holiday or restrict citizens’ movement in connection with the AMAC election, insisting that such actions fall outside the scope of his legal powers.
