Prominent human rights lawyer and activist, Femi Falana (SAN), has issued a stern warning to the Federal Capital Territory Administration (FCTA) against sealing off foreign embassies over unpaid ground rent, stating that such actions could plunge Nigeria into a serious diplomatic crisis.
Falana's caution comes in response to the ongoing property sealing exercise ordered by FCT Minister Nyesom Wike, targeting defaulters of ground rent payments in Abuja.
Diplomatic Immunity Concerns
Speaking on Channels Television's Politics Today on Monday, Falana emphasized the legal and diplomatic implications of such actions. "No court of law can order that execution be levied on any embassy, and Nigeria is part of the international community," he stated.
The senior advocate further explained: "If we embark on invading the embassy of any country, it's going to lead to a serious diplomatic crisis for Nigeria. It's not allowed. In fact, if a policeman is pursuing anybody for committing any offence and the person is able to scale the fence of an embassy, the police officer can't invade the embassy, irrespective of the offence committed."
Falana specifically referenced the Vienna Convention on Diplomatic Relations, which provides diplomatic missions with immunity from such enforcement actions. "Embassies and missions covered by the Vienna Convention of Diplomatic Relations can't be invaded because they have not paid ground rent," he emphasized.
Background on FCTA's Sealing Exercise
The FCTA, under Minister Wike's directive, has been sealing properties across the Federal Capital Territory due to non-payment of ground rent. The controversial exercise has generated significant public outcry, prompting President Bola Tinubu to intervene.
Following the presidential intervention, Wike announced a two-week grace period for defaulters to settle their outstanding payments. However, concerns remain about the scope and implementation of the exercise, particularly regarding diplomatic properties.
The FCT Minister has maintained that the sealing exercise is necessary to recover billions of naira owed to the government in unpaid ground rent, which he says is crucial for infrastructure development in the territory.
While the administration's efforts to boost revenue generation are understood, legal experts like Falana argue that diplomatic properties must be approached differently due to international conventions that Nigeria is signatory to.
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