THE FCT Minister’s decision to impose a curfew in Abuja without stakeholders’ engagement raises several constitutional concerns. The curfew restricts citizens’ movement, potentially infringing on their right to freedom of movement as guaranteed by Section 41 of the 1999 Constitution As Amended.
This is particularly problematic since the FCT Minister is not elected to the seat, and therefore may not have the democratic mandate to impose such restrictions.
Furthermore, the curfew may prevent citizens from assembling or associating with others, potentially infringing on their right to freedom of association as guaranteed by *Section 40* of the Constitution.
Additionally, the curfew may prevent citizens from expressing themselves or accessing information, potentially infringing on their right to freedom of expression as guaranteed by *Section 39*.
The FCT Minister’s decision may also be seen as an overreach of Federal Power, breaching the principle of federalism as enshrined in *Section 2 of the 1999 Constitution*.
This may be particularly problematic since the FCT Minister is not elected to the seat and therefore may not have the authority to make decisions that impact the federal structure.
Moreover, the decision may be seen as an encroachment on legislative powers, breaching the principle of separation of powers as guaranteed by *Sections 4-6 of the Constitution*.
The consequences of the FCT Minister’s decision may include erosion of trust in government, increased tension and unrest, economic consequences, human rights abuses, litigation, damage to democratic institutions, international condemnation, negative impact on Abuja’s reputation, escalation of protests, and undermining of the rule of law.
But if we may ask, are we in a war situation that warrants an 18-hour curfew? Even during general elections, the restriction of movement is typically between 7:00am and 3:00pm.
What justifies the imposition of such a draconian measure in a city that is not under siege? Is this a proportionate response to the security challenges facing Abuja, or is it an overreaction that will have far-reaching consequences for the city’s residents and the country as a whole?
Definitely the FCT Minister’s decision may be viewed by indigenous and visitors to Nigeria’s seat of Government as an abuse of power, and is prohibited by *Section 15 of the 1999 Constitution As Amended*.
Therefore, President Bola Ahmed Tinubu GCFR, the President of Federal Republic of Nigeria, should call Wike to order and desist from acting ultra vires to the laws that govern the FCT and its residents.
- Duhu is a former National Vice Chairman North East of the APC and can be reached via galadimadluku@gmail.com.