Senior Advocate of Nigeria, Femi Falana, has faulted the Federal Capital Territory Administration (FCTA) over threats to seal embassies and other properties in Abuja over unpaid ground rent, describing the move as illegal and diplomatically dangerous.
Falana, speaking on Channels Television today, during an interview, said that any attempt to close embassies violates 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.”
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The human rights lawyer said Nigeria, as a signatory to the Convention, must not violate international law, stressing that any such action by the FCTA could result in serious diplomatic consequences.
“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 criticized the sealing of properties belonging to banks, political parties, and other institutions by the FCTA without court orders. He said such actions amount to an abuse of power and a breach 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.”
He cited legal precedents and referenced the Union Bank v. Ajabule case, where the Supreme Court held that even if a debt is owed, self-help by sealing off premises is unlawful.
Also speaking, he recalled incidents under military regimes where courts ruled against illegal shutdowns of media houses. “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.
On the FCTA’s reliance on Section 42 of the Land Use Act and related planning laws, Falana argued that these do not override constitutional and legal 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 also called against the growing trend by governments to disregard judicial processes, saying, “People in power in Nigeria have contempt for the rule of law.”
He said that the proper channel for aggrieved authorities is to approach the Urban and Regional Planning Tribunal in Abuja, which is empowered to rule on matters involving demolitions and property closures.
Falana expressed concern that the economic hardship faced by Nigerians under President Bola Tinubu’s administration is worsening.
“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 repeated calls for patience but urged the government to move away from IMF and World Bank-imposed neoliberal policies.
“My position, which I have made repeatedly clear, is that the government must abandon the prescriptions of the Bretton Woods institutions and have confidence in Nigeria,” he stated.
Falana challenged Nigerians to take an active role in budget monitoring and hold elected officials accountable for project execution, particularly the N6 trillion worth of constituency projects reportedly inserted into the 2025 budget by lawmakers.
“The members will have to be monitored. Every constituency must get a hold of what has been budgeted for them,” he stressed.
He called for strict adherence to welfare laws and constitutional guarantees, including education and pension reforms, to ensure ordinary Nigerians benefit from democracy.
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