Prominent human rights lawyer, Femi Falana (SAN) has vehemently refuted accusations made by the Minister of the Federal Capital Territory (FCT), Nyesom Wike, who had accused him of misrepresenting the Supreme Court’s ruling on the defection of lawmakers in Rivers State.
In a detailed statement released on Sunday titled “I Did Not Lie Against the Supreme Court of Nigeria,” Falana condemned Wike’s allegations as “spurious and tendentious in every material particular,” asserting that they were an attempt to provoke the Supreme Court against him.
The controversy began when Wike, during a press conference in Abuja, accused Falana of misinterpreting the Supreme Court’s recent decision on 27 lawmakers who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). Wike had said, “If someone of Femi Falana’s caliber can go on national television and lie, it’s very serious. Lies can cause a lot of crises.”
Falana quickly responded, clarifying that his statement was based on the facts of the case and aligned with the judiciary’s own pronouncements.
“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 explained.
He added that his remarks were based on the fact that the defection issue was pending before the Port Harcourt judicial division of the Federal High Court at the time.
Falana also reminded the public that the lawmakers involved had, in video recordings and sworn affidavits, admitted to defecting from the PDP to the APC.
He questioned why Wike was so agitated, pointing out that the former governor had previously praised the Supreme Court’s decision, even holding a thanksgiving service to celebrate it. Yet, Wike later attacked Falana for commenting on the same ruling without any legal justification.
In defense of his constitutional right to critique judicial rulings, Falana referenced Section 39 of the 1999 Constitution and Article 9 of the African Charter on Human and Peoples’ Rights, both of which safeguard freedom of expression, including the right to comment on court decisions.
Falana further challenged Wike’s understanding of judicial propriety, noting that the role of lawyers is to strengthen democracy, even if it involves critiquing judicial decisions.
“Only a corrupt lawyer wins all cases in all courts,” Falana remarked, before adding that he had initially ignored Wike’s comments because, as he put it, “Mr. Wike is the only life bencher in Nigeria who has never handled a case in any trial or appellate court.”
Falana emphasized that he had always critiqued court judgments with “utmost decorum and in good faith” and cited former Supreme Court Justice Chukwudifu Oputa’s famous statement: “We are final not because we are infallible; rather we are infallible because we are final.” He also referenced former Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad, who had told lawyers, “You have the responsibility of drawing our attention to where things are going wrong or on the verge of going wrong.”
Falana dismissed Wike’s recent call for the Body of Benchers to discipline lawyers who criticize judicial decisions, suggesting that if Wike believed there was any misconduct, he should file a formal petition with the Legal Practitioners Disciplinary Committee instead of making baseless allegations.
On the substance of the defection issue, Falana expressed concern over the Supreme Court’s ruling, which he said could set a dangerous precedent for political defections without consequences.
He warned that the decision could be exploited by “unpatriotic politicians” to justify political opportunism.
Falana urged the Supreme Court to continue relying on earlier precedents, such as Attorney-General of the Federation v. Atiku Abubakar (2007), Dapialong v. Dariye (2007), and Abegunde v. Ondo State House of Assembly (2015), which ruled that lawmakers who defect without just cause automatically lose their seats.
Falana urged that Wike should not be allowed to assume the role of “unsolicited defender of the Nigerian judiciary,” calling for an end to Wike’s attempts to present himself as a self-appointed guardian of the judicial system.
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