Femi Falana, a Senior Advocate of Nigeria (SAN) and prominent human rights lawyer, has challenged Nyesom Wike, the Minister of the Federal Capital Territory (FCT), to report him to the Legal Practitioners’ Disciplinary Committee (LPDC) for alleged professional misconduct.
This follows Wike’s accusations that Falana misrepresented the Supreme Court’s ruling on the Rivers State political crisis.
In a statement released on Sunday, titled “I Did Not Lie Against the Supreme Court of Nigeria,” Falana rejected Wike’s claims, asserting that he had not lied or mischaracterized the Court’s judgment on the defection of 27 members of the Rivers State House of Assembly.
Falana dismissed Wike’s allegations as “spurious,” accusing the minister of attempting to incite the Supreme Court against him.
He said, “Contrary to Wike’s assertions, I did not lie about the judgment, nor did I misrepresent it.”
Wike had publicly criticized Falana during a press conference in Abuja, accusing the SAN of spreading falsehoods about the defection issue on Channels TV.
Wike remarked, “It is very serious when someone of Femi Falana’s stature lies on national television. Lies can cause crises.”
In his response, Falana explained that Wike’s comments were part of a pattern of baseless attacks.
He clarified that the matter of the legislators’ defection was still before the Federal High Court in Port Harcourt when the Supreme Court issued its judgment.
He further emphasized that the Supreme Court’s involvement in the issue was suo motu (initiated by the court itself), and the decision was made by the Court’s Justices.
Falana also pointed to video evidence and sworn affidavits confirming the lawmakers’ defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
He reinforced his position by asserting that his right to criticize court rulings is protected by both the Nigerian Constitution and international human rights law.
“I have the constitutional right to comment on court decisions, as guaranteed by Section 39 of the Nigerian Constitution and Article 9 of the African Charter on Human and Peoples’ Rights,” he said.
The lawyer also accused Wike of hypocrisy, citing the minister’s history of attacking judges whose rulings he disagrees with. “Unlike Mr. Wike, who often discredits judges when their decisions do not align with his political views, I have always criticized court judgments with the utmost respect,” Falana remarked.
Falana referenced a statement made by the late Justice Oputa in the case of Adegoke Motors Limited v. Dr. Babatunde Adesanya, where the judge emphasized, “We are final not because we are infallible; rather, we are infallible because we are final,” underlining that the judiciary remains open to scrutiny.
He also quoted former Chief Justice of Nigeria, Ibrahim Tanko Muhammad, who once said, “It is your duty to point out when things are going wrong or on the verge of going wrong.”
Falana concluded by challenging Wike to pursue legal action if he believed the senior lawyer had violated any professional codes of conduct.
“Since Mr. Wike has positioned himself as a defender of the judiciary, I challenge him to report me to the LPDC if he believes I have engaged in any misconduct,” Falana stated.
On the issue of legislative defections, Falana warned that the recent Supreme Court ruling, which requires proof of defection through a party’s membership register, could potentially encourage “unpatriotic politicians” to justify political opportunism in Nigeria.
He urged the Court to adhere to its previous decisions, such as in the Attorney-General of the Federation v. Abubakar and Abegunde v. Ondo State House of Assembly cases, where lawmakers who defect were ruled to automatically lose their seats.
In closing, Falana reiterated that Wike’s attempts to discredit him had failed.
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