Human rights lawyer, Femi Falana (SAN), has criticised the Minister of the Federal Capital Territory, Nyesom Wike, over the declaration of a public holiday and the restriction of movement during the recent Area Council elections in Abuja.
In a statement issued on Monday, Falana challenged the minister to identify the legal provision authorising him to take such actions, arguing that the move was outside his constitutional powers.
Falana maintained that only the President and the Minister of Interior have the authority to declare public holidays for the country or within the Federal Capital Territory, while state governors may do so within their respective states. According to him, the FCT Minister is not vested with such powers under any law.
“My comment was anchored on the relevant provisions of the laws of the land,” Falana said, insisting that the minister acted without legal backing.
He further argued that even if the President had authorised Wike to impose movement restrictions during the election — a claim he disputed — such approval would not extend to declaring a public holiday.
“Assuming without conceding that the President authorised the Minister to restrict movement during the election, did that include the public holiday?” he asked.
Falana noted that the purported holiday was largely ignored, pointing out that courts in the FCT sat to hear cases and security agencies did not enforce the directive.
The senior lawyer also questioned Wike’s conduct during the restriction period, asking whether the minister complied with the movement order, whether he was registered to vote in the FCT, and whether he was permitted under the restriction to move around or interact with electoral officials.
He dismissed Wike’s reported defence that the President empowered him to order movement restrictions, describing such justification as unlawful. Falana argued that the President does not possess the authority to issue directives concerning the conduct of elections.
Citing Section 160(1) of the 1999 Constitution (as amended), he stressed that the conduct and regulation of elections fall exclusively within the powers of the Independent National Electoral Commission (INEC), which operates independently of presidential control.
“The powers of INEC to make its own rules or otherwise regulate its own procedure shall not be subject to the approval or control of the President,” Falana stated.
He concluded by reiterating his challenge to the FCT Minister to cite any law empowering him to declare a public holiday or restrict residents’ movement during the Area Council election.
