“Since You Have Become the Unsolicited Defender of the Judiciary, I Challenge You to Report Me to LPDC” – Falana Dares Wike

Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has responded defiantly to criticisms from the Minister of the Federal Capital Territory, Nyesom Wike, challenging him to report him to the Legal Practitioners’ Disciplinary Committee (LPDC) over his comments on the Supreme Court’s judgment in the ongoing Rivers State political crisis.

In a statement titled “I Did Not Lie Against the Supreme Court of Nigeria”, Falana accused Wike of attempting to provoke the Supreme Court against him, insisting that he did not misrepresent the Court’s decision concerning the defection of 27 lawmakers in the Rivers State House of Assembly. He described Wike’s allegations as “spurious and tendentious in every material particular.”

Wike had publicly lambasted Falana during a press conference in Abuja, accusing him of spreading misinformation on Channels TV. “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,” Wike said.

In response, Falana maintained that his televised commentary was accurate, clarifying that the issue of defection was still pending before the Federal High Court in Port Harcourt at the time of the Supreme Court ruling. He emphasised that the apex court had raised and decided the matter suo motu, without it being the central issue under appeal.

Falana also cited existing video evidence and a sworn affidavit in which the 27 lawmakers acknowledged their defection from the Peoples Democratic Party to the All Progressives Congress. He insisted that his comments were within the bounds of lawful criticism, protected under Section 39 of the 1999 Constitution and Article 9 of the African Charter on Human and Peoples’ Rights.

He accused Wike of hypocrisy, noting the minister’s history of lashing out at judges when rulings do not favour his political interests. Falana contrasted this with his own approach, saying he has always criticised court judgments “with utmost decorum and in good faith.”

Quoting the late Justice Oputa’s renowned remark—“We are final not because we are infallible; rather, we are infallible because we are final”—Falana argued that judicial decisions must remain open to constructive criticism. He also cited former Chief Justice of Nigeria, Ibrahim Tanko Muhammad, who encouraged public engagement with the judiciary’s actions.

Daring Wike to follow through with legal action, Falana said, “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 further warned that the Supreme Court’s current stance, requiring proof of defection through a party membership register, risks normalising political defection. He urged the court to reinforce its earlier decisions in *Attorney-General of the Federation v. Abubakar* and *Abegunde v. Ondo State House of Assembly*, which held that defecting lawmakers should automatically lose their seats.

He concluded by dismissing Wike’s efforts to discredit him, stating that they had failed. “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.”

In a recent media remark, Wike had mocked Falana, calling him “a television lawyer” for losing a Supreme Court case. Falana, unfazed, replied, “Mr. Wike is the only life bencher in Nigeria who has never handled a case in any trial court or appellate court,” adding that losing a case is not a crime—only a corrupt lawyer wins every case.