Senior Advocate of Nigeria (SAN), Femi Falana, has challenged the legality of actions taken by the FCT Minister, Nyesson Wike, during the recent Abuja Municipal Area Council (AMAC) elections, particularly the declaration of a public holiday and restriction of movement.

In a statement, Falana said his comments were grounded in the relevant provisions of Nigerian law, noting that only the President and the Minister of Interior have the authority to declare public holidays for the entire country or the Federal Capital Territory (FCT), while state governors are empowered to declare holidays within their respective states. He added that the FCT Minister does not possess such powers.

Falana questioned whether the President had even authorized the restriction of movement, noting that Nigerians did not observe the declared holiday last Friday. Courts in the FCT sat as usual, and security forces did not enforce the order, he said.

He further raised concerns about the Minister’s own compliance, asking whether he registered to vote, adhered to the restriction order, or interfered in the election by interrogating electoral officers.

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

He cited Section 160(1) of the Constitution, which stipulates that “the powers of the Independent National Electoral Commission (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 challenged Minister Wike to cite any law that empowers him to declare a public holiday or restrict the movement of citizens during the AMAC election. (Vanguard)