Femi Falana Criticised Over Remarks on Judges’ Residential Quarters Built by FCTA

Human Rights lawyer, Femi Falana, SAN, has come under criticism for questioning the constitutionality of the residential quarters built for judges by the Federal Capital Territory Administration (FCTA).

The Senior Special Assistant to the FCT Minister on Public Communications and New Media, Lere Olayinka, said the senior lawyer erred and was needlessly venting emotions and sentiments against the FCT Minister, Nyesom Wike.

Falana had insinuated that the motive behind the construction of the houses was capable of influencing the judges by noting :” You cannot be seen to be giving cars or houses to judges who are going to determine your cases.”

But in a statement on Friday, Olayinka insisted there was nothing inappropriate in the federal government providing accommodation for judges as well as officials of other arms of government.

According to him, while there is separation of powers in a democracy, there are also checks and balances that imply there can be no absolute separation of powers among the three arms of government.

He added that there is nowhere in the world where one arm of government is completely independent of the others.

The Federal Executive Council (FEC) had in September approved the construction of 40 housing units for judges and justices in the

FCT High Court, Federal High Court and the Court of Appeal in Katampe District of the FCT.

Since then, the move behind the gesture has been construed as an intention to pocket the judiciary and influence justice.

Responding, Olayinka asked; “Wouldn’t there still be need for land from the FCT Ministry if the houses were to be built by the judiciary? And if it is about exercising influence over the judiciary, is allocation of lands not enough?

“Also, the money to build the houses will still have to be appropriated by the National Assembly, peopled by politicians who also have cases before judges. Should we also say that bringing the budget of the judiciary to the National or State House of Assembly for passage will influence judges if cases involving the lawmakers are brought before them?

“Police and other security agencies provide security for judges and they do have court cases too, is (he) Femi Falana also saying that the security agencies will influence the judges?” Olayinka said.

The minister’s aide opined that going by the contending views judges should stop having friends and family members and operate in seclusion to insulate them from being influenced by anybody.

He advised Falana and others, to be more concerned about making the judges comfortable and secured to do their jobs rather than dissipating energy on the executive arm of government doing its own duties.

He said”even in the United States of America where Supreme Court justices are seen as affiliated to political parties, right things are still done by the justices.”

He pointed out that apart from the fact that the U.S. Supreme Court justices are nominated by the President and confirmed by the Senate, the names of potential nominees are often recommended by senators or sometimes by members of the House who are of the President’s political party.

“The Judicial Conference of the United States, and the Administrative Office of the U.S. Courts do not play any role in the nomination and confirmation of the justices.

“The justices are even known by their political leanings and today, the U.S. Supreme Court has a 6-3 conservative majority, meaning six for the Republican Party and three for the Democrats. Yet, the justices do their jobs without anyone accusing them of being influenced by the President and members of his party in the Senate and House who appointed them,” he said.

Olawale Ajimotokan

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