Femi Falana, a Senior Advocate of Nigeria (SAN), has issued a strong response to Nyesom Wike, the Minister of the Federal Capital Territory (FCT), following claims that he misrepresented facts about the Supreme Court.
Wike, the immediate past Governor of Rivers State while addressing journalists at a recent press conference, accused Falana of making misleading statements on national television regarding the defection status of some lawmakers of the Rivers State House of Assembly.
The minister alleged that Falana’s comments were inaccurate and amounted to spreading falsehoods about the apex court’s position on the matter.
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In response, Falana defended his public remarks, asserting that his interpretation was grounded in constitutional principles and judicial precedents.
He maintained that elected lawmakers who switch parties without a justified reason, such as a division within their party, risk losing their seats, as outlined in Section 109 of the Nigerian Constitution.
The exchange has intensified public debate over the legality of recent defections in Rivers State and the broader implications for political accountability and party loyalty in Nigeria’s democratic system.
“A few days ago, the supreme court settled this matter of defection,” Wike was quoted as saying. “If someone of Femi Falana’s caliber can go on national television and lie, it’s very serious. Lies can cause a lot of crisis.”
In a statement released on Sunday, Falana addressed Wike’s claims that he deliberately misled the public over the Supreme Court’s position on the defection of 27 lawmakers from the Rivers State House of Assembly.
The senior lawyer said his remarks were rooted in his interpretation of a recent Supreme Court decision, which he insisted was made on the court’s own motion (suo motu).Falana clarified that his commentary was grounded in constitutional law and judicial procedure.
He emphasized that the Supreme Court’s ruling had not resolved the substantive legal question regarding the legality of the defections but had instead dismissed the appeal on procedural grounds, having raised the issue independently without the benefit of full argument from the parties involved.
“I did not lie against the Supreme Court in respect of the judgment in question,” Falana said. “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. My comment was based on the undeniable fact that the vexed issue of the defection of the 27 legislators was pending in the Port Harcourt judicial division of the Federal High Court at the material time.”
Falana further reminded Wike of his public reaction to the judgment. According to him, Wike had not only celebrated the Supreme Court’s decision but also organized a thanksgiving service in its honor. “However, he decided to attack me for commenting on the same judgment without any legal justification,” the statement reads.
“I wish to state, without any fear of contradictions, that 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. “I challenge him to report me to the Legal Practitioners Disciplinary Committee for professional misconduct. No doubt, the minister’s latest gratuitous attack is aimed at inciting the Supreme Court against me.”
The senior lawyer further raised concerns that Wike’s open criticism of court rulings could pose a threat to the integrity and effectiveness of the justice system.
“While Mr. Wike believes that it is a professional anomaly to criticise the decisions of Judges, the Supreme Court of Nigeria has always welcomed the criticism and review of its judgments because the Justices believe that they are prone to make mistakes like all mortals,” he said.
Falana stated that Wike’s accusations were intended to provoke the Supreme Court against him, emphasizing that he would not be intimidated by such tactics.
“In the light of the foregoing, it is indubitably clear that the allegation levelled against me by Mr. Wike is spurious and tendencious in every material particular. To that extent, he has failed in his desperate bid to incite the Justices of the Supreme Court against me without any basis whatsoever,” Falana said.
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