Femi Falana Challenges Illegal Demolitions in Nigeria’s Cities

Human rights lawyer Femi Falana has strongly condemned the recent demolitions of buildings in Lagos and Abuja, labeling them as a significant breach of the rule of law and an affront to the judicial system. In an interview with ARISE NEWS on March 15, 2024, Falana stated that these demolitions, which reportedly occurred at midnight despite existing court orders, are both unconstitutional and illegal.

“No governor or minister has the power to demolish a house in Nigeria without a valid court order,” Falana asserted. He emphasized that under Nigeria’s constitutional framework, authorities are required to go through the courts to demonstrate that a building violates the law before any demolition can be authorized.

Legal Framework and Recent Events

Falana pointed out that both Lagos and the Federal Capital Territory (FCT) have established Urban and Regional Planning laws that delineate the necessary procedures for demolition. These procedures include issuing statutory notices and allowing affected parties the opportunity to appeal.

“In Abuja, there is a regional and urban tribunal set up to determine when a building should be demolished. The minister cannot usurp the powers of that tribunal,” Falana noted. He criticized the ongoing demolitions, stating that it is illegal for any minister to act in defiance of established laws.

Despite a restraining order issued by a Lagos High Court against demolishing houses in Oworonshoki, state officials proceeded with the operation under the cover of darkness. “Certified copies of the court order were served on government agencies, yet by Saturday night, those houses were invaded,” he revealed. Falana recounted a conversation with a top official who dismissively claimed, “Heavens will not fall.” He responded with determination, stating, “We shall see.”

Legal Action and Public Accountability

In response to these violations, Falana’s law firm has initiated legal action on behalf of the victims, seeking damages for breaches of their constitutional rights. “All the victims are going to court,” he confirmed. He referenced a court decision earlier this year in Abuja that awarded ₦200 million in damages against the FCT authorities for similar infringements, as well as a ₦3.5 billion award last year in Lagos for illegal demolitions.

Addressing public concerns regarding selective justice, Falana assured that his firm remains committed to supporting victims of injustice. “Wherever victims have come to us, we ensure that justice is done even if the heavens will collapse,” he asserted.

Additionally, Falana commented on the controversy surrounding President Bola Tinubu’s clemency list, criticizing the Attorney-General of the Federation for the “embarrassing errors” that have led to national ridicule. He pointed out that names included on the list were not deserving of pardon, particularly those convicted under state laws. “Under Section 212 of the Constitution, only governors can pardon offenders convicted under state laws. The inclusion of such names was a colossal embarrassment,” he stated.

Falana called for accountability from the Ministry of Justice, insisting that it is insufficient to simply review the list. “The Attorney General should apologize to Nigerians,” he urged, emphasizing that the government must ensure such incidents do not recur.

In conclusion, Falana underscored the necessity for Nigeria’s democracy to be grounded in respect for the rule of law and judicial authority. “Nobody is above the law,” he firmly stated. “We are not in Gaza. This is supposed to be a constitutional democracy.”