Senior Advocate of Nigeria, Femi Falana, has condemned the Federal Capital Territory Administration (FCTA) over its recent threats to seal embassies and properties in Abuja over unpaid ground rent, describing the move as illegal and diplomatically dangerous. Speaking in an interview on Channels Television, Falana warned that such actions, if carried out, would violate the Vienna Convention on Diplomatic Relations, which protects diplomatic premises from intrusion by host nations. As far as the Vienna Convention on Diplomatic Relations is concerned, the premises of any embassy in Abuja are inviolable, Falana said. By virtue of Article 22 of that convention, the premises of an embassy, their furnishings, and even their vehicles shall be immune from requisition, attachment, or execution. No court of law can order that execution be levied on any embassy. He cautioned that Nigeria, being a signatory to the convention, must avoid actions that breach international law, noting that any attempt to invade or seal an embassy could spark significant diplomatic fallout. If we embark on invading the embassy of any country, its going to lead to serious diplomatic problems for Nigeria, he said. Falana also criticised the FCTAs practice of sealing properties belonging to banks, political parties, and institutions without obtaining court orders. He described such measures as unconstitutional and a violation of the right to fair hearing. The minister must go to court, he insisted. Its like Im owing you; you cannot take the law into your hands by sealing off my house. There are not less than 20 cases on this. High Court, Court of Appeal, and Supreme Court decisions. Referencing the Union Bank v. Ajabule case, he pointed out that the Supreme Court had ruled that self-help, even in the recovery of debt, is unlawful. Falana also recalled how courts ruled against the illegal closure of media houses under military regimes, including a case where Punch Newspaper was reopened and awarded N22 million in damages. He rejected the FCTAs reliance on Section 42 of the Land Use Act and associated planning laws as justification, insisting that due legal process must be followed. 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. Falana advised that the appropriate forum for resolving property-related disputes is the Urban and Regional Planning Tribunal in Abuja, which has the legal mandate to rule on demolitions and closures. He expressed concern over the worsening economic conditions under President Bola Tinubus administration, arguing that the poor are bearing the brunt of the crisis. 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. The post Falana warns FCTA against sealing of embassies appeared first on Linda Ikeji Blog.Falana warns FCTA against sealing of embassies
Senior Advocate of Nigeria, Femi Falana, has condemned the Federal Capital Territory Administration (FCTA) over its recent threats to seal embassies and properties in Abuja over unpaid ground rent, describing the move as illegal and diplomatically dangerous. Speaking in an interview on Channels Television, Falana warned that such actions, if carried out, would violate the Vienna Convention on Diplomatic Relations, which protects diplomatic premises from intrusion by host nations. As far as the Vienna Convention on Diplomatic Relations is concerned, the premises of any embassy in Abuja are inviolable, Falana said. By virtue of Article 22 of that convention, the premises of an embassy, their furnishings, and even their vehicles shall be immune from requisition, attachment, or execution. No court of law can order that execution be levied on any embassy. He cautioned that Nigeria, being a signatory to the convention, must avoid actions that breach international law, noting that any attempt to invade or seal an embassy could spark significant diplomatic fallout. If we embark on invading the embassy of any country, its going to lead to serious diplomatic problems for Nigeria, he said. Falana also criticised the FCTAs practice of sealing properties belonging to banks, political parties, and institutions without obtaining court orders. He described such measures as unconstitutional and a violation of the right to fair hearing. The minister must go to court, he insisted. Its like Im owing you; you cannot take the law into your hands by sealing off my house. There are not less than 20 cases on this. High Court, Court of Appeal, and Supreme Court decisions. Referencing the Union Bank v. Ajabule case, he pointed out that the Supreme Court had ruled that self-help, even in the recovery of debt, is unlawful. Falana also recalled how courts ruled against the illegal closure of media houses under military regimes, including a case where Punch Newspaper was reopened and awarded N22 million in damages. He rejected the FCTAs reliance on Section 42 of the Land Use Act and associated planning laws as justification, insisting that due legal process must be followed. 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. Falana advised that the appropriate forum for resolving property-related disputes is the Urban and Regional Planning Tribunal in Abuja, which has the legal mandate to rule on demolitions and closures. He expressed concern over the worsening economic conditions under President Bola Tinubus administration, arguing that the poor are bearing the brunt of the crisis. 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. The post Falana warns FCTA against sealing of embassies appeared first on Linda Ikeji Blog.
