Amby Uneze in Owerri
A Constitutional lawyer and human rights activist, Ikenna Ahumibe has challenged Femi Falana, a senior advocate of Nigeria (SAN) over a comment credited to him concerning the Minister of Federal Capital Territory (FCT), Nyesom Wike's construction of judge's residential quarters and described the action as constitutionally sustainable.
Ikenna quoted Falana as saying that the construction of residential quarters for judges by the Federal Capital Territory Administration as discriminatory and unconstitutional, he observed that those conclusions are not supported by the constitution of the Federal Republic of Nigeria 1999 (as amended) or by established constitutional principles.
According to him, there is no provision of the 1999 constitution that proscribes the government from providing official accommodation or residential quarters for judicial officers in furtherance of judicial welfare, security, efficiency and the administration of justice. It is beyond dispute that the constitution imposes upon the state a constitutional responsibility to promote the welfare of the citizenry and to ensure the provisions of suitable and adequate shelter and appropriate welfare for all citizens.
He said, "this obligation must be understood within the broader constitutional mandate to secure the social and economic well-being of the people. The constitution safeguards the independence and welfare of the judiciary through adequate funding and institutional support.
"The provision of official accommodation to Judges is neither a gift nor a personal favour. It is a legitimate policy measure aimed at strengthening the administration of justice and ensuring that Judicial officers perform their constitutional responsibilities under secure and dignified and conducive conditions.
"The allegation that the project is discriminatory is equally without constitutional foundation. Section 42 of the 1999 constitution (as amended) bars discrimination founded upon ethnic origin, place of origin, sex, religion, or political opinion. It does not restrict the government from implementing project targeted at public institutions or categories of public officers where there is a rational and legitimate governmental objective," he stated.
Ahumibe pointed out that across Nigeria, members of the armed forces, police personnel, university staff, medical practitioners, legislators, and other public servants are provided with official quarters without such arrangements being regarded as unconstitutional discrimination.
"The concern that other categories of public servants are equally entitled to improved welfare and better working conditions is a legitimate policy consideration. However, it does not render the provision of Judges Quarters unconstitutional or discriminatory.
"With profound respect, I am unable to agree with the legal conclusion advanced by Femi Falana SAN, as it finds no support in the constitution or settled constitutional principles. Accordingly, we shall vigorously defend the FCT Minster before any court of competent jurisdiction against any legal challenge to the legality or unconstitutionality of the FCT judges quarters projects, being firmly convinced that no such actions can be sustained under the constitution.
"The rule of law demands that constitutional interpretation be guided by the text of the constitution and established legal principles not by sentiment or conjecture," Ahumibe noted.
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