Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has thrown a bold challenge to the Minister of the Federal Capital Territory, Nyesom Wike, urging him to report him to the Legal Practitioners Disciplinary Committee (LPDC) if he believes Falana has acted unprofessionally.
This sharp exchange follows Falana’s public analysis of the recent Supreme Court judgment concerning the political crisis in Rivers State. The crisis involves the controversial defection of 27 members of the Rivers State House of Assembly from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Wike, a former governor of Rivers State and an influential figure in the PDP, accused Falana of misrepresenting the Supreme Court’s ruling during a recent appearance on Channels TV. In a press conference held in Abuja, Wike lambasted Falana, saying, “If someone of Femi Falana’s calibre can go on national television and lie, it’s very serious. Lies can cause a lot of crises.”
But Falana has fired back, dismissing Wike’s accusations as baseless and politically motivated. In a statement released on Sunday titled *“I Did Not Lie Against the Supreme Court of Nigeria,”* Falana denied any wrongdoing and accused Wike of trying to mislead the public and stir up the judiciary against him.
The core of this controversy lies in the defection of 27 lawmakers from the PDP to the APC. Their actions have created a serious divide in the state’s legislature and raised constitutional questions about whether such defectors should retain their seats.
Falana, during his TV appearance, highlighted that according to Nigeria’s constitution and past court judgments, lawmakers who defect without just cause should automatically lose their seats. He cited previous Supreme Court decisions, including *Attorney-General of the Federation v. Abubakar* and *Abegunde v. Ondo State House of Assembly,* to back his claim.
However, the recent Supreme Court judgment did not focus on the lawmakers’ defection itself, as the matter is still pending before the Federal High Court in Port Harcourt. Falana clarified that while the issue of defection was mentioned, the court had not given a final ruling on it.
“All I said was that the matter of the defection of the 27 legislators was raised *suo motu* (on its own) and determined by the eminent Justices of the apex court,” Falana explained.
Taking his defence a step further, Falana urged Wike to make good on his criticism by officially reporting him to the LPDC if he genuinely believed Falana misrepresented the law.
“Since he has become the unsolicited defender of the judiciary, I challenge him to report me to the Legal Practitioners Disciplinary Committee for professional misconduct,” Falana said.
The outspoken SAN also questioned Wike’s credibility, calling him out for what he described as a history of attacking judges whenever court rulings do not go his way. “Unlike Mr. Wike, who calls judges names whenever they disagree with his politics of opportunism, I have always criticised the judgments of domestic and regional courts with utmost decorum and in good faith,” he stated.
Falana defended his right to speak on court decisions, stating that this freedom is protected by law. “My fundamental right to criticise the decisions of courts is guaranteed by Section 39 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Article 9 of the African Charter on Human and Peoples’ Rights,” he noted.
He further quoted former Supreme Court Justice Chukwudifu Oputa’s famous words, “We are final not because we are infallible; rather, we are infallible because we are final,” to emphasise that judicial decisions are not beyond critique.
Falana also referred to comments made by former Chief Justice of Nigeria, Ibrahim Tanko Muhammad, who encouraged lawyers and citizens to point out when the judiciary may be going astray.
Falana did not mince words in accusing Wike of hypocrisy. “It is indubitably clear that the allegation leveled against me by Mr. Wike is spurious… He has failed in his desperate bid to incite the Justices of the Supreme Court against me without any basis whatsoever,” he said.
He backed his claims with evidence, stating that there are video recordings and a sworn affidavit in which the defecting lawmakers admitted to leaving the PDP for the APC.
On the broader issue of political defection, Falana warned that the Supreme Court’s current approach—requiring party membership registers as proof—could encourage more political instability. “This will embolden unpatriotic politicians to justify political prostitution in Nigeria,” he warned.
The public exchange between the two prominent figures has taken a personal tone. Wike recently mocked Falana, calling him “a television lawyer” and making light of a recent court loss. Falana refused to be drawn into personal attacks but replied firmly.
“Mr. Wike is the only life bencher in Nigeria who has never handled a case in any trial court or appellate court,” Falana said. “It is no crime if a lawyer loses a case in any court. Only a corrupt lawyer wins all cases in all courts.”
While the war of words between the minister and the senior lawyer continues to unfold, the legal and political community is watching closely. The outcome could set a tone for how legal professionals engage with both political actors and the judiciary in the future.
