In a recent development, prominent Senior Advocates of Nigeria (SANs), Femi Falana and Ebun-Olu Adegboruwa, have weighed in on a dispute involving the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and Senator Ireti Kingibe, who represents the FCT. The legal experts have provided insights into the responsibilities of the FCT minister and the process of property demolitions in Nigeria.
Legal Experts Falana and Adegboruwa Provide Clarity on FCT Minister’s Role and Demolitions
Minister’s Accountability: Falana and Adegboruwa emphasize that the FCT minister is primarily accountable to the President, not to the National Assembly. They assert that ministers, including the FCT minister, are appointed by the President and are responsible for carrying out their duties in alignment with the President’s directives.
Constitutional Framework: The lawyers refer to the Nigerian Constitution, particularly Section 299(a), which stipulates the transfer of legislative, executive, and judicial powers from states to the National Assembly, the President, and relevant courts in the FCT, respectively. This constitutional provision underscores that the executive powers in the FCT belong to the President.
Delegation of Powers: Since the President holds executive powers in the FCT, the FCT minister operates on behalf of the President and exercises the powers delegated to him or her by the President.
Jurisdiction for Disputes: Falana and Adegboruwa clarify that any disputes related to the FCT should be resolved in the FCT High Court. They emphasize that the minister is not answerable to the National Assembly for his day-to-day activities unless they pertain to budget oversight or specific investigations.
Demolition of Properties: The senior lawyers stress that property demolitions must follow established legal procedures. They assert that neither the President, the minister, nor a governor has the authority to demolish a citizen’s property without following due process and obtaining a court order. They emphasize the importance of upholding the rule of law in such cases.
Political Motivation: Falana suggests that many demolitions in Nigeria are politically motivated and often target the poor while sparing the rich. He calls for fairness and adherence to the law in such matters.
In summary, Falana and Adegboruwa’s legal analysis provides clarity on the FCT minister’s role, accountability, and the procedures for property demolitions in Nigeria. Their insights underscore the importance of legal processes and the need to uphold citizens’ rights while respecting the rule of law.