Femi Falana disputes Nyesom Wike’s authority to declare public holiday and restrict movement during FCT area council election, citing constitutional limits

Femi Falana has challenged the Minister of the Federal Capital Territory, Nyesom Wike, to cite any law empowering him to declare a public holiday or restrict the movement of citizens during the recently concluded FCT area council election.

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Falana argued that Wike lacked the legal authority to impose a public holiday or restrict residents’ movement, stating that only the President, governors, and the Minister of Interior have powers to declare federal or state holidays.

The Senior Advocate of Nigeria, speaking to our correspondent on Monday, criticised Wike’s actions during the election, emphasising that the minister’s movement on election day violated the very restrictions he imposed.

“The minister’s defence that the President authorised him to order the restriction of movement is illegal, as the President lacks the power to issue any directive with respect to the conduct of any election in Nigeria,” Falana said.

He cited Section 160(1) of the Constitution, which vests the Independent National Electoral Commission (INEC) with autonomy to regulate electoral procedures, free from presidential or ministerial interference.

Falana questioned whether Wike complied with the restriction order and whether the order allowed him to move freely or interfere with electoral officials during the poll.

In response, Wike, speaking to journalists on Sunday, advised Falana to verify facts before making public remarks and defended his actions, claiming he had presidential approval to restrict movement based on a security report regarding potential disturbances in the FCT.

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Falana, however, dismissed Wike’s explanation, maintaining that the minister acted outside the bounds of the law, and challenged him to provide legal justification for both the public holiday and movement restrictions during the election.