Senior Advocate Accuses Minister of Incitement, Defends Legal Commentary on Rivers Defection Crisis
ABUJA, NIGERIA – In a pointed and unflinching rebuttal, renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has pushed back forcefully against allegations made by the Minister of the Federal Capital Territory, Nyesom Wike, over Falana’s interpretation of a Supreme Court ruling on the ongoing political turmoil in Rivers State.
Falana, responding in a detailed statement on Monday, categorically denied misrepresenting the apex court’s verdict, dismissing Wike’s comments as deliberately provocative and misleading.
“Contrary to Mr. Wike’s assertion, I did not lie against the Supreme Court. My analysis was based on a constitutional interpretation of the facts presented publicly and legally,” Falana stated.
Wike Accuses, Falana Responds
During a recent press conference, Wike alleged that Falana had publicly lied during a national television appearance regarding the legal status of 27 defected lawmakers from the People’s Democratic Party (PDP) to the All Progressives Congress (APC). He argued that such misinformation—especially from a senior lawyer—could “ignite unrest” and mislead the public.
Falana, however, dismissed the accusations as a tactic to discredit dissenting voices, especially those critical of Wike’s brand of politics.
“Wike’s attack is not only misdirected but disingenuous. I chose not to respond earlier when he referred to me as a ‘television lawyer,’ despite the irony that he, a Life Bencher, has never argued a case in any court,” Falana quipped.
Defending Judicial Critique
Citing Section 39 of the Nigerian Constitution and Article 9 of the African Charter on Human and Peoples’ Rights, Falana emphasized the legal right of citizens—including lawyers—to scrutinize judicial decisions constructively.
He referenced legal precedents and judicial encouragement of such critiques, notably quoting Justice Oputa in the famous Adegoke Motors v Adesanya case:
“We are final not because we are infallible, but we are infallible because we are final.”
Falana stressed that his remarks were grounded in both legal tradition and public interest.
“I do not attack judges for political gain. My criticism is respectful, informed, and intended to strengthen the judiciary—not undermine it,” he affirmed.
Rivers Crisis and Supreme Court Verdict
The controversy centers on the late-2024 defection of 27 Rivers State lawmakers, originally elected under the PDP and loyal to Wike, who publicly declared allegiance to the APC. The move was widely seen as an effort to destabilize Governor Siminalayi Fubara’s administration.
Following legal battles, the Supreme Court ruled on February 28, 2025, that no verifiable proof of defection had been tendered—particularly after Governor Fubara withdrew his suit—thereby concluding that the legislators remained PDP members under the law.
Yet, Falana contended that there is overwhelming public evidence, including affidavits and video recordings, confirming the lawmakers’ defection—raising questions about the potential misuse of the verdict for political cover.
“My concern is that this decision could become a dangerous precedent—one that enables elected officials to switch parties without consequence,” he warned.
Call for Legal Accountability, Not Intimidation
Falana further challenged Wike to file a formal petition with the Legal Practitioners Disciplinary Committee if he believed professional misconduct had occurred.
“I will not be intimidated by political bullying masquerading as concern for the judiciary. If Wike believes I have breached professional ethics, let him take it before the appropriate tribunal.”
In a final salvo, Falana underscored the irony of Wike’s position, noting the Minister’s long record of public tirades against judges whose rulings did not favor his political agenda.
The defection saga is part of a larger political crisis in Rivers State. In March 2025, President Bola Tinubu declared a state of emergency in the state after failed impeachment attempts and rising instability. Governor Fubara, his deputy, and all lawmakers were suspended, and retired Vice Admiral Ibok Ibas was installed as Sole Administrator.
Despite the Supreme Court’s stance, the PDP has called for the Independent National Electoral Commission (INEC) to declare the defectors’ seats vacant, while the Labour Party’s effort to unseat them was recently dismissed by the Federal High Court.