Senior Advocates of Nigeria, Femi Falana has shared his thoughts on the dispute between the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and the Senator representing the FCT, Ireti Kingibe.
Naija News recalls that Kingibe had warned Wike to desist from working without the supervision of the National Assembly.
Kingibe also noted that the FCT minister does not have executive powers but must operate within the constitutional frameworks of the country’s legislative arm.
Kingibe said, “You also have to remember that the minister of the FCT – I’m not sure we have had a former governor as a minister, I think we have had one. Some [former] governors may think that as an FCT minister, the minister does not have executive powers. He works hand-in-hand with the National Assembly and the president to administer the FCT.”
However, interpreting the constitution, Falana stated that the minister of the Federal Capital Territory (FCT) is not answerable to the National Assembly.
He insisted that the power of the executive with respect to the FCT lies with President Bola Tinubu.
He said, “The distinguished senator is wrong. The power of the executive with respect to the FCT lies with the President. Making laws and passing laws for the FCT are the business of the National Assembly.”
He further explained that since the executive powers of the FCT are vested in the President who then delegates them to the minister as he pleases, the minister can act in the capacity of the President who is the governor of the FCT.
Falana said, “The executive powers of the FCT are vested in the President, the legislative powers are vested in the National Assembly, while the judicial powers are vested in the High Court of the Federal Capital Territory.
“To that extent, it is very wrong to say that since there is no governor in the FCT, the executive powers are vested in the National Assembly; those powers are vested in the President.
“So, whenever the president appoints a minister, the minister is performing in the powers delegated to him or her by the President.”
He added, “If you are dissatisfied with the decision taken by anyone in the FCT, you go to the FCT High Court