Wike lacks power to declare public holiday, says Falana

Falana Challenges Wike's Holiday Declaration

Prominent human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has publicly condemned the decision by Federal Capital Territory Minister Nyesom Wike to declare a public holiday ahead of the area council elections in Abuja.

Wike announced Friday as a work-free day, accompanied by a movement restriction from 8pm Friday to 6pm Saturday, to facilitate voting across the six councils: Abuja Municipal Area Council, Bwari, Gwagwalada, Kuje, Abaji, and Kwali.

Falana argues this move lacks legal foundation, pointing out that Wike holds neither the position of governor nor Minister of Interior, the typical authorities empowered to issue such declarations.

Many residents reportedly ignored the holiday, underscoring its questionable legitimacy in the eyes of the public.

Legal Boundaries on Declaring Public Holidays

Falana emphasizes that only specific officials—namely the President, the Minister of Interior, and state governors—possess the constitutional power to proclaim public holidays.

He asserts Wike has no role in the electoral process managed by the Independent National Electoral Commission, making his intervention unwarranted and improper.

This stance aligns with Falana's broader advocacy for strict adherence to legal protocols, particularly in matters intersecting governance and elections.

The lawyer's critique highlights ongoing tensions between federal appointees and local electoral autonomy, especially in the FCT where unique administrative structures apply.

“He (Wike) is not involved in the conduct of the election. He has no business talking about a holiday because he has no power to declare one. That was why the holiday was ignored. Only the President, the Minister of Interior, and the governors can declare a holiday. No minister has the right to declare a holiday for INEC; you are not involved in the conduct of elections.”

Implications for FCT Governance and Elections

The controversy arises amid Saturday's polls, which proceeded despite the disputed arrangements, drawing attention to the FCT's distinctive status outside standard state frameworks.

Falana's intervention serves as a reminder of the checks and balances essential to Nigeria's democracy, preventing overreach by public officials.

Wike's office, through his Senior Special Assistant on Public Communications, Lere Olayinka, issued the statement, but it faced immediate pushback for bypassing established channels.

This episode fuels discussions on clarifying powers in the FCT, where the minister wields significant influence akin to a governor yet remains bound by federal limits.

Observers note that such declarations could influence voter turnout or public compliance if not properly authorized, potentially undermining electoral integrity.

Falana's reputation for challenging executive actions adds weight to his position, prompting calls for clearer guidelines on holiday proclamations tied to elections.

In summary, Femi Falana's sharp rebuke of Nyesom Wike's public holiday declaration underscores critical limits on ministerial authority, reinforcing that only designated officials can issue such orders. The incident highlights the need for precise adherence to legal roles in electoral matters within the FCT, ensuring actions align with constitutional provisions for fair governance.