The renowned Senior Advocate of Nigeria, Femi Falana, has added his legal perspective to the ongoing dispute between the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and Senator Ireti Kingibe, the representative of the FCT in the National Assembly. Falana’s insights have brought clarity to the constitutional powers and responsibilities of the FCT minister.
Senator Kingibe recently cautioned Minister Wike against conducting his duties without the supervision of the National Assembly, asserting that the FCT minister does not possess executive powers but must operate within the constitutional frameworks of the country’s legislative arm. He also highlighted the role of the National Assembly in making and passing laws for the FCT.
However, Falana, while interpreting the constitution, expressed a different perspective, stating that Senator Kingibe’s assertion was not entirely accurate. He clarified that the FCT minister is not answerable to the National Assembly in the execution of his duties.
Falana referred to Section 299(a) of the constitution, which explicitly delineates the powers and functions of the executive, legislative, and judicial branches concerning the FCT. He elucidated that, according to this constitutional provision:
“The provisions of this constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the states of the Federation; and accordingly, all the legislative powers, the executive powers, and the judicial powers vested in the House of Assembly, the governor of a state, and in the courts of a state shall, respectively, vest in the National Assembly, the President of the Federation, and in the courts which, by virtue of the foregoing provisions, are courts established for the Federal Capital Territory, Abuja.”
Falana’s interpretation underscores that the executive authority in the FCT is vested in the President of the Federation, not the National Assembly. While the National Assembly plays a crucial role in making and passing laws related to the FCT, the executive powers lie with the President.
