Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has condemned the ongoing wave of demolitions in Abuja and Lagos, describing the exercises as unconstitutional, illegal, and a gross violation of citizens’ fundamental rights to property.
Falana, speaking during a live appearance on Arise News’ The Morning Show, emphasized that no Nigerian governor, minister, or political officeholder has the constitutional right to order the demolition of buildings, regardless of the purported transgression.
According to him, the Federal Capital Territory (FCT) and the Lagos State Government have violated the law in their demolition campaigns, which have left thousands of families homeless.
“Under our constitutional arrangement, no governor or minister has the power to wake up one morning and order that someone’s house be demolished. You must follow due process. The law requires that statutory notices be issued, complaints heard, and the proper tribunal or court must decide before any demolition can occur,” he declared.
He noted that Section 43 of the Nigerian Constitution provides every person the right to purchase and possess property anywhere in the country, which is further affirmed by Article 14 of the African Charter on Human and Peoples’ Rights.
“The provisions of Chapter Four of the Constitution are sacrosanct. They cannot be breached under any guise—not even by ministers or governors claiming to restore order,” he said.
The senior advocate criticized the recent demolitions in Abuja ordered by FCT Minister Nyesom Wike and the controversial midnight demolition of the Oworonshoki community in Lagos as “acts of executive lawlessness.”
He also noted that the Urban and Regional Planning Tribunal, established by law to handle such matters, was sidelined in Abuja, while a court order restraining demolition was allegedly ignored in Lagos.
“In the Lagos case, our law firm obtained a restraining order from the High Court. The order was duly served on the government, yet, in the dead of night, bulldozers rolled into Oworonshoki. That was a clear contempt of court,” he added.
He pledged that the victims of the demolitions would seek redress, revealing that similar cases had previously led to heavy damages being awarded against government authorities.
“In Abuja, the court recently awarded ¦ 200 million against the FCT for unlawful demolition. In Lagos, ₦3.5 billion was awarded for the Makoko demolitions. The victims will get justice again,” he said.
Falana bemoaned that some government officials have become more reckless in a democracy than military dictators once were.
He said, “Even under the military, the courts insisted that due process must be followed. What we are seeing now is worse. You cannot demolish people’s homes while they are asleep, tear-gas their houses, and claim to be enforcing the law. We are not in Gaza.”
The senior lawyer also addressed the recent controversy surrounding the Presidential Committee on Prerogative of Mercy, which is chaired by the Attorney-General of the Federation.
He termed the erroneous inclusion of unqualified individuals on the presidential pardon list as a national humiliation and demanded responsibility.
“Those who recommended convicted persons for pardon when they were not eligible should face sanctions. It is not enough to quietly withdraw the names. The Attorney-General owes the nation an apology for this colossal embarrassment,” he declared.
Despite uncertainty regarding enforcement, Falana stressed that the courts remain the final source of justice and promised to bring violators to account.
“Wherever victims of injustice come to us, we do not turn them away. We will ensure that justice is done, even if the heavens collapse. Nobody is above the law in this country,” he declared.
