Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has challenged the Minister of the Federal Capital Territory, Nyesom Wike, to report him to the Legal Practitioners’ Disciplinary Committee over his analysis of the Supreme Court’s judgment on the Rivers State political crisis. In a statement released on Sunday titled “I Did Not Lie Against the Supreme Court of Nigeria,” Falana accused Wike of attempting, without success, to provoke the Supreme Court against him.
Falana explained that contrary to Wike’s accusations, he did not misrepresent or lie about the Supreme Court’s decision on the defection of 27 members of the Rivers State House of Assembly. Falana dismissed Wike’s claims as “spurious and tendentious in every material particular,” asserting that the minister’s actions were aimed at inciting the Supreme Court against him. Wike had publicly criticized Falana during a press conference in Abuja, claiming that the senior lawyer misrepresented the Supreme Court’s ruling on Channels TV. Wike 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.”
In response, 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 issue regarding the lawmakers’ defection was still before the Federal High Court in Port Harcourt when the Supreme Court delivered its ruling.
Falana reiterated that he did not lie about the judgment, adding, “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 further highlighted that there were video recordings and a sworn affidavit in which the lawmakers confirmed their defection from the Peoples Democratic Party to the All Progressives Congress.
The SAN also pointed out that his right to critique court rulings is protected by 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.
Falana accused Wike of hypocrisy, noting that the minister has previously attacked judges when their rulings do not align with his political views. “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,” Falana stated.
He cited a statement made by the late Justice Oputa in the Adegoke Motors Limited v. Dr. Babatunde Adesanya case: “We are final not because we are infallible; rather, we are infallible because we are final,” emphasizing that the judiciary should remain open to criticism. He also referenced former Chief Justice of Nigeria, Ibrahim Tanko Muhammad, who once said, “You have the responsibility of drawing our attention to where things are going wrong or on the verge of going wrong.”
Falana then challenged Wike to take legal action if he believed that Falana had violated professional conduct, asserting, “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.” Falana also expressed concern about the Supreme Court’s recent position, which requires proof of defection through a party’s membership register, warning that this could encourage “unpatriotic politicians to justify political prostitution in Nigeria.”
He urged the court to maintain its earlier rulings, such as in the Attorney-General of the Federation v. Abubakar and Abegunde v. Ondo State House of Assembly cases, where it ruled that legislators who defect automatically lose their seats. Falana concluded that Wike’s attempts to undermine him had failed, stating, “It is indubitably clear that the allegation leveled against me by Mr. Wike is spurious… He has failed in his desperate bid to incite the Justices of the Supreme Court against me without any basis whatsoever.”
In a more recent media outburst, Wike taunted Falana for losing a case he had previously won at the Supreme Court, calling him “a television lawyer.” Falana responded by refraining from engaging with Wike’s comments at the time, adding, “Mr. Wike is the only life bencher in Nigeria who has never handled a case in any trial court or appellate court.” He also remarked, “It is no crime if a lawyer loses a case in any court. Only a corrupt lawyer wins all cases in all courts.”
