Prominent human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has warned Federal Capital Territory (FCT) Minister Nyesom Wike against proceeding with threats to seal foreign embassies in Abuja over unpaid ground rents. Falana described such a move as a serious violation of both Nigerian law and international diplomatic agreements.
The
warning was issued during a Monday appearance on Politics
Today, a Channels Television programme, where Falana addressed the
legality and diplomatic implications of the FCT Administration's ongoing
clampdown on property owners.
Diplomatic Premises Are Inviolable
At the heart of Falana’s argument is
Article 22 of the Vienna Convention on Diplomatic Relations, which
protects embassy premises from any form of local enforcement action.
“Embassies and missions cannot be invaded
because they have not paid ground rent,” Falana said. “As far as the Vienna
Convention is concerned, the premises of any embassy in Abuja are inviolable.”
He cautioned that any such action could
trigger international backlash and diplomatic crises for Nigeria, noting that
embassies are not above the law but must be engaged through proper diplomatic
and legal channels.
FCTA Threatens Mass Seizures
Falana's warning follows a directive from
the FCT Administration listing 9,000 property owners, including 34
embassies, as defaulters over unpaid ground rents, some dating back
over four decades. The administration initially announced on May 23, 2025, that around
5,000 properties risked being sealed. Notably, the PDP national
secretariat was among structures reportedly affected.
In response, President Bola Tinubu issued
a 14-day grace period, which expired on June 6, coinciding with the Eid-el-Kabir holiday.
With that window now closed, the FCT's next enforcement steps remain unclear,
but actions may resume on Tuesday, June 10.
“Due Process Must Prevail” — Falana
Falana emphasized that no minister,
including the FCT Minister, can legally seal any property without observing due
process as stipulated under Section 36 of Nigeria’s
Constitution and Article 7 of the African Charter on Human and
Peoples’ Rights Act.
“The minister cannot order that a house be
sealed up just like that. The right to a fair hearing is guaranteed,” Falana
said, underscoring that all affected parties must be allowed to present their
case before any punitive action is taken.
He further cited Nigerian court precedents
that bar the government from arbitrarily sealing properties and explained that
enforcement must go through the Urban and Regional Planning Tribunal, the
legally recognized body for adjudicating such matters in Abuja.
Call for High-Level Intervention
The SAN called on other arms of the
federal government to intervene and steer the FCTA toward lawful methods.
“I expect the Minister of Foreign Affairs
to have intervened. I also expect the Attorney General of the Federation to
intervene,” Falana said, urging a more measured approach to debt recovery.
While acknowledging that ground rent
arrears are a legitimate concern for the FCTA, he insisted that legal
frameworks must not be bypassed in pursuit of revenue.
“The rule of law must be allowed to
operate. Yes, people are owing. Too bad! But if you want to collect your money,
you must go to court.”
The Bigger Picture
Falana’s comments highlight the growing
tension between fiscal enforcement and legal accountability under Wike’s
stewardship of the FCT. As the Tinubu administration pushes for improved
revenue collection and order in Abuja’s urban planning, critics are urging that
such efforts must not trample on the constitution or damage Nigeria’s standing
in the international community.
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