The Federal Capital Territory Administration (FCTA) threats to seal embassies and other properties in Abuja over unpaid ground rent was illegal and diplomatically dangerous.
Senior Advocate of Nigeria, Femi Falana, declared this when he was speaking on Channels Television Today, adding that any attempt to shut the embassies contravenes the Vienna Convention on Diplomatic Relations, which guarantees the inviolability of diplomatic premises.
Falana said “as far as the Vienna Convention on Diplomatic Relations is concerned, the premises of any embassy in Abuja are inviolable,” he said, adding that “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.”
He said as a signatory to the Convention, Nigeria must not violate international law, adding should the FCTA goes ahead with the treats, it 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.
“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,” he warned.
Falana, 67, also accused the FCTA of misfiring in sealing of properties belonging to banks, political parties, and other institutions without court orders, warning that such actions was 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
legal precedents and referenced the Union Bank v. Ajabule case, where the Supreme Court held that even if a debt is owed, he said self-help by sealing off premises was unlawful.
Recalling incidents under military regimes where courts ruled against illegal shutdowns of media houses, he said “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.
Falana said the FCTA’s reliance on Section 42 of the Land Use Act and related planning laws 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 warned 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 the right thing for aggrieved authorities is to approach the Urban and Regional Planning Tribunal in Abuja, which has the empower to rule on matters involving demolitions and property closures.
“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 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.
