Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has dared the Minister of the Federal Capital Territory, Nyesom Wike, to report him to the Legal Practitioners’ Disciplinary Committee over his (Falana’s) analysis of the Supreme Court judgment on the Rivers State political crisis.
Falana, in a statement on Sunday, titled “I Did Not Lie Against the Supreme Court of Nigeria,” accused Wike of trying in vain to incite the Supreme Court against him.
The SAN said contrary to Wike’s claim, he did not lie or misrepresent the Supreme Court’s decision concerning 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,” accusing the minister of attempting to incite the apex court against him.
Wike had publicly criticised Falana during a press conference in Abuja, asserting 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 explained, “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 added that the issue of the lawmakers’ defection was still pending before the Federal High Court in Port Harcourt when the Supreme Court made its ruling.
Falana clarified, “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 further asserted that there were video tapes and a sworn affidavit in which the lawmakers confirmed their defection from the Peoples Democratic Party to the All Progressives Congress.
Falana emphasised that his right to criticise court judgments is protected by both 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.
The SAN accused Wike of hypocrisy, pointing out that the minister has a history of attacking judges when rulings do not align with his political views.
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 referenced a famous statement 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,” highlighting the judiciary’s openness to criticism.
Falana also quoted 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 challenged Wike to take legal action if he believed Falana had breached professional conduct.
“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 said.
On the issue of legislative defection, Falana warned that the Supreme Court’s recent stance—requiring proof of defection through a party’s membership register—could embolden “unpatriotic politicians to justify political prostitution in Nigeria.”
He urged the court to adhere to its earlier rulings, such as in Attorney-General of the Federation v. Abubakar and Abegunde v. Ondo State House of Assembly, where it ruled that legislators who defect automatically lose their seats.
Falana concluded that Wike’s attempts to discredit him had failed.
“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 recent media outburst, Wike taunted Falana for losing a case he had won at the Supreme Court, dubbing him “a television lawyer.” Falana chose not to engage with Wike’s comments at the time, stating, “Mr. Wike is the only life bencher in Nigeria who has never handled a case in any trial court or appellate court.”
Falana further added, “It is no crime if a lawyer loses a case in any court. Only a corrupt lawyer wins all cases in all courts.”
