Senior Advocate of Nigeria, Femi Falana, has criticized the Federal Capital Territory Administration for threatening to seal embassies and other properties in Abuja over unpaid ground rent.
He described the move as both illegal and diplomatically hazardous.
Speaking during an interview on Channels Television, Falana argued that any attempt to close embassies violates international law, particularly the Vienna Convention on Diplomatic Relations, which guarantees the inviolability of diplomatic premises.
“As far as the Vienna Convention on Diplomatic Relations is concerned, the premises of any embassy in Abuja are inviolable,” he said.
“By virtue of Article 22 of that convention, the premises of an embassy, their furnishings, and even their vehicles shall be immune from such requisition, attachment, or execution. No court of law can order that execution be levied on any embassy.”
The human rights lawyer stressed that Nigeria, being a signatory to the Convention, must comply with its provisions. He warned that the FCTA’s actions could lead to significant diplomatic fallout.
“If we embark on invading the embassy of any country, it’s going to lead to serious diplomatic problems for Nigeria,” Falana warned. “It is trite that embassies and missions covered by the Vienna Convention cannot be invaded because they have not paid what you call ground rent.”
Falana, 67, also took aim at the FCTA for sealing off properties belonging to banks, political parties, and other institutions without securing court orders. He labeled such acts an abuse of power and a violation of the constitutional right to fair hearing.
“The minister must go to court,” Falana stated. “It’s like I’m owing you, you cannot take the law into your hands by sealing off my house. I must go to court. There are not less than 20 cases on this. High Court, Court of Appeal, and Supreme Court decisions.”
Referencing legal precedents, Falana cited the Union Bank v. Ajabule case, in which the Supreme Court ruled that even when debts are owed, self-help measures like sealing premises are unlawful.
Recalling events during Nigeria’s military regimes, he noted that courts have historically ruled against similar overreaches of power.
“In one of the best judgments ever delivered under the military regime, the court ordered the reopening of the Punch Newspaper and awarded N22 million in damages,” he said.
Responding to the FCTA’s reliance on Section 42 of the Land Use Act and related planning laws, Falana contended that such laws do not supersede constitutional and judicial procedures.
“Whatever the combined effect of the Land Use Act and the Urban and Regional Planning Act may be, the minister or any authority must go to court,” he said. “Even in 2015, the Abuja Municipal Council went to court to get an order to seal off 36 houses. Why is it difficult now?”
He expressed concern over what he sees as a growing disregard for the rule of law by public officials. “People in power in Nigeria have contempt for the rule of law,” he said.
According to him, the correct legal route for property disputes, including demolitions and closures, is through the Urban and Regional Planning Tribunal in Abuja, which has the statutory authority to adjudicate such matters.
Falana also voiced concern over worsening economic conditions under President Bola Tinubu’s administration, saying the hardship is disproportionately affecting ordinary Nigerians.
“For the rich, the bourgeoisie, things are getting better. But for the masses of our people, things are getting tougher because they are going through excruciating economic crisis,” he said.
He noted the President’s ongoing appeals for public patience but urged a shift away from IMF and World Bank-backed neoliberal policies.
“They are going through excruciating economic crisis,” he said.
He called on the government to strictly adhere to welfare provisions and constitutional guarantees, including reforms in education and pensions, to ensure democracy delivers real benefits to the Nigerian populace.
