Senior Advocate of Nigeria, Femi Falana, has raised legal concerns over the actions of the Minister of the Federal Capital Territory, Nyesom Wike, following the declaration of a public holiday and restriction of movement during the recent Abuja Municipal Area Council (AMAC) election.
In a statement issued in Abuja, Falana argued that existing Nigerian laws do not grant the FCT Minister authority to declare public holidays or impose movement restrictions for electoral activities within the Federal Capital Territory.
According to him, such powers are constitutionally vested in the President and the Minister of Interior for nationwide or federal territory observances, while state governors may declare holidays within their respective states.
Falana questioned whether the directive had any legal backing, noting that many residents did not observe the declared holiday. He added that courts within the FCT reportedly operated as usual and that security agencies did not strictly enforce the movement restriction.
He also queried whether the minister complied with the same restrictions he announced, including whether he participated in the voting process or engaged electoral officials during the exercise.
The senior lawyer further maintained that even if presidential authorization had been claimed, it would not override constitutional provisions guiding elections. He cited Section 160(1) of the Constitution, which grants the Independent National Electoral Commission (INEC) the autonomy to regulate its procedures without external control.
Falana therefore challenged the minister to identify any legal framework empowering him to declare a public holiday or restrict citizens’ movement in relation to the council election.
