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Vienna Convention Violation: Falana Cautions Wike on Embassy

Published 10 hours ago3 minute read
FEMI FALANA

Human rights lawyer and Senior Advocate of Nigeria, Femi Falana

Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has cautioned the Minister of the Federal Capital Territory, Nyesom Wike, against any plan to seal off embassies and foreign missions in Abuja over unpaid ground rents.

Speaking during an appearance on Channels Television’s Politics Today, on Monday, Falana stressed that international law and constitutional protections prohibit such actions.

“Embassies and missions cannot be invaded because they have not paid ground rent, which is not applicable for all of them,” the senior advocate said.

His comments come amid reports that the FCT Administration under Wike had published a list of 9,000 property owners — including 34 embassies — said to be in default of ground rent payments, with a threat of repossessing the affected lands.

On May 23, 2025, the FCTA announced it would begin sealing approximately 5,000 properties over unpaid ground rents spanning between 10 and 43 years. Some properties, including the national secretariat of the Peoples Democratic Party, were already affected. President Bola Tinubu later intervened, granting a 14-day grace period to defaulters to settle their debts and associated penalties.

That grace window expired on Friday, June 6, 2025, which coincided with the Eid-el-Kabir public holiday. Attention is now on the FCT administration’s next move after the holidays, as enforcement may resume by Tuesday, June 10.

Falana argued that sealing properties without following due legal process has repeatedly been ruled unlawful by Nigerian courts.

He continued, “As far as the Vienna Convention on diplomatic relations is concerned, the premises of any embassy in Abuja are inviolable by Article 22 of the convention.

“If we embark on invading the embassy of any country, it’s going to lead to serious diplomatic problems for Nigeria. So, it is not allowed.”

He also questioned the legal basis of the FCT minister’s directive, warning that it contravenes both Nigerian law and international conventions.

“The minister cannot order that a house be sealed up because the right to a fair hearing is guaranteed by Section 36 of the Constitution and Article 7 of the African Charter on Human and Peoples’ Rights Act. What this implies is that before you can take action against me, you must give me the right to make a representation,” he noted.

Calling for an urgent intervention from top officials, Falana urged the Minister of Foreign Affairs, Yusuf Tuggar, and the Attorney General of the Federation, Lateef Fagbemi, to advise Wike accordingly.

“I expect the Minister of Foreign Affairs to have intervened. I also expect the Attorney General of the Federation to intervene,” he said.

He maintained that while ground rent debts are a legitimate concern, enforcement must follow lawful procedures.

“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.

“There is a tribunal in Abuja — Urban and Regional Planning Tribunal, constituted by five members from the building industry. That is the body that has the final say on demolition and attempts to seal up properties. In other words, anybody who is aggrieved by the threat to seal up a property is advised to go to court. We are operating a democracy,” he added.

Origin:
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Punch Newspapers
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