Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has openly dared the Minister of the Federal Capital Territory, Nyesom Wike, to take him before the Legal Practitioners Disciplinary Committee (LPDC). This came after Wike accused Falana of misrepresenting the Supreme Court’s judgment concerning the political crisis in Rivers State.
In a detailed statement released on Sunday, Falana dismissed Wike’s allegations and stood firm on his earlier comments. The statement, titled “I Did Not Lie Against the Supreme Court of Nigeria”, was a direct response to Wike’s public criticism where he accused Falana of spreading falsehood on national television.
Wike had claimed that Falana gave misleading information on Channels TV regarding the defection of 27 lawmakers in the Rivers State House of Assembly. He said, “If someone of Femi Falana’s calibre can go on national television and lie, it’s very serious. Lies can cause a lot of crises.”
Reacting, Falana stated, “Mr. Wike subjected me to another scurrilous attack in a press conference, where he alleged that I lied about the defection status of certain legislators during my appearance on Channels TV.”
He clarified that the Supreme Court did not address the defection issue directly, as the matter was still being heard at the Federal High Court in Port Harcourt. He added that his comments were based on facts, including video evidence and a sworn affidavit where the lawmakers admitted to leaving the Peoples Democratic Party for the All Progressives Congress.
“I did not lie against the Supreme Court in respect of the judgment in question. All I said was that the matter of the defection of the 27 legislators was raised suo motu and determined by the eminent Justices of the apex court,” he said.
Falana noted that he has every right to critique court rulings under the Nigerian Constitution and international human rights law. “My fundamental right to criticise the decisions of courts is guaranteed by Section 39 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Article 9 of the African Charter on Human and Peoples’ Rights,” he said.
He further accused Wike of having a history of attacking judges when rulings don’t support his political goals.
Falana added, “Unlike Mr. Wike, who calls judges names whenever they disagree with his politics of opportunism, I have always criticised the judgments of domestic and regional courts with utmost decorum and in good faith.”
He supported his position by quoting late Justice Oputa’s remark: “We are final not because we are infallible; rather, we are infallible because we are final.” He also cited former Chief Justice of Nigeria, Ibrahim Tanko Muhammad: “You have the responsibility of drawing our attention to where things are going wrong or on the verge of going wrong.”
Challenging Wike, Falana said, “Since he has become the unsolicited defender of the judiciary, I challenge him to report me to the Legal Practitioners Disciplinary Committee for professional misconduct.”
On the broader issue of lawmakers defecting from one party to another, Falana warned that the recent Supreme Court ruling requiring proof through a party register could encourage political opportunism. He urged the court to stay consistent with its past decisions which held that such defectors should automatically lose their seats.
As for Wike’s personal jabs, Falana declined to be drawn into insults. He said, “Mr. Wike is the only life bencher in Nigeria who has never handled a case in any trial court or appellate court.” He also added, “It is no crime if a lawyer loses a case in any court. Only a corrupt lawyer wins all cases in all courts.”