Falana Questions Legality of Wike’s Public Holiday, Movement Ban for Abuja Area Council Polls!
Reported by sadauna Lydia edeh (Journalist)| Sele Media Africa.
ABUJA, Nigeria Senior Advocate of Nigeria and human rights lawyer Femi Falana has renewed his legal objections to the decision by the Minister of the Federal Capital Territory (FCT), Nyesom Wike, to declare a public holiday and impose movement restrictions during recent area council elections in Abuja.
Falana contends that the authority to declare a public holiday within the FCT rests solely with the President under Nigeria’s constitutional and statutory framework. He argues that any such proclamation must be anchored in the Public Holidays Act and conform strictly to the provisions of the 1999 Constitution (as amended).
In addition to challenging the legality of the holiday, Falana questioned the constitutional basis for restricting citizens’ movement during the polls. While acknowledging the need to maintain public order and ensure credible elections, he emphasized that limitations on fundamental rights including freedom of movement must be lawful, necessary, and proportionate.
The FCT Administration had earlier announced a work free day and temporary movement controls to facilitate what it described as a peaceful and orderly electoral exercise across the six area councils of the capital territory. Authorities maintained that the measures were preventive, aimed at enhancing voter safety and minimizing disruptions, with security personnel deployed across strategic locations.
The dispute has reignited debate over the scope of delegated powers within the FCT. Unlike Nigeria’s 36 federating states, the FCT is administered directly by the Federal Government through a minister appointed by the President. While the minister exercises executive authority on behalf of the presidency, legal experts note that questions persist over whether such delegated authority extends to declaring public holidays or enforcing blanket movement restrictions without explicit presidential approval.
Supporters of the minister’s decision argue that movement restrictions during elections have become a common administrative and security measure in parts of Nigeria, often justified as a deterrent against voter intimidation, ballot snatching, and electoral violence. Critics, however, warn that normalizing such directives without clear statutory backing risks undermining constitutional safeguards and civil liberties.
The latest exchange adds to a series of policy disagreements between Falana and Wike on governance and administrative decisions in the capital. Observers say the matter reflects a broader national conversation on executive discretion, constitutional limits, and the balance between security imperatives and democratic freedoms in Nigeria’s electoral process.
As of the time of filing this report, the FCT Administration had not issued a formal response to Falana’s latest position.
Sources:
Premium Times; The Punch; Vanguard; Channels Television; The Guardian.
Sadauna Lydia Edeh is a student of Plant Science and Biotechnology at Kogi State University with a deep passion for research, critical thinking, and applying knowledge to real-world challenges. Driven by curiosity and a commitment to personal and professional growth, she excels at breaking down complex ideas into clear, actionable insights.
With strong expertise in research, analytical thinking, and effective written communication, Sadauna Lydia Edeh is skilled at organizing information, explaining concepts with clarity, and delivering precise, well-structured work. She thrives in both independent and collaborative environments, demonstrating adaptability, responsibility, and excellent time-management skills.
Motivated, open to learning, and committed to excellence, she values consistency, clarity, and meaningful engagement. Through her contributions, Sadauna Lydia Edeh aims to inform, inspire, and positively impact readers across Africa and beyond.
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