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| Falana cautions Wike over embassy sealing move. |
Nigeria’s debate over unpaid ground rent took a sharp turn when Senior Advocate of Nigeria Femi Falana warned FCT Minister Nyesom Wike against sealing embassies in Abuja. The FCT administration had listed 34 foreign missions for failing to pay fees. Falana argued such actions breach both local law and international treaties .
Wike’s office had published the names of about 9,000 debtors, then moved to seal some 5,000 properties over arrears spanning 10 to 43 years. The list included the PDP national secretariat and properties belonging to private residents . President Bola Tinubu later granted a 14-day grace period, which ended on June 6, 2025, a public holiday for Eid .
Falana noted that embassies enjoy special protection under the Vienna Convention on Diplomatic Relations. Article 22 makes diplomatic premises inviolable. No local authority may enter or seal them without consent . He stressed that breaching this would spark serious diplomatic rifts.
Beyond diplomacy, Falana pointed to domestic law. Section 36 of the 1999 Constitution guarantees the right to fair hearing. He said no property can be sealed without first allowing the owner to present their case . The African Charter on Human and Peoples’ Rights Act also upholds similar safeguards.
In practice, he advised that FCT authorities must file suits in court before any enforcement. He highlighted the Urban and Regional Planning Tribunal as the proper forum for disputes over sealing or demolition . This five-member tribunal has final say on such matters.
Falana urged swift intervention from key federal figures. He expects the Minister of Foreign Affairs, Yusuf Tuggar, to remind Wike of treaty obligations. He also called on Attorney-General Lateef Fagbemi to uphold constitutional rights .
Wike’s defenders argue ground rent is a legal levy under the Land Use Act. The Act makes rent due each January 1 without demand, and failure for ten years or more can trigger revocation . They say the FCT administration acted within its powers to enforce compliance.
But critics say the move was heavy-handed. Senator Ireti Kingibe called the mass sealing illegal and urged a review. She noted only fines or surcharges, not land seizure, are allowed for non-payment under Section 28 of the Land Use Act .
Civil society groups like SERAP warned of diplomatic fallout. They filed petitions urging Tinubu to halt embassy actions. They argued Nigeria’s reputation and foreign ties hang in the balance .
Meanwhile, the Federal Inland Revenue Service (FIRS) explained it had already paid all ground rent due on its offices. It provided receipts showing N2,364,003.26 covered rent from 2000 to 2024 for two sealed offices. FIRS insisted no arrears remained .
Wike defended his policy as firm but fair. He pointed out long-standing defaults by elites and institutions. He said Abuja is not oil-rich, so it depends on taxes and rents to fund services . He vowed to apply rules evenly.
Yet the sealing of the PDP secretariat drew political heat. The main opposition charged that Wike aimed to stifle dissent ahead of elections. They relocated meetings to alternative venues, calling the move “political suppression” .
A 14-day grace period did little to ease tensions. As Eid ended, diplomats and residents wondered if sealing would resume. Many embassies had yet to pay, owing an estimated $5.36 million in combined ground rent .
Experts note ground rent is an annual fee for occupying state land. It dates to colonial land laws but persists under the 1978 Land Use Act. It aims to free land from private monopolies and ensure public revenue .
Enforcing ground rent fairly has long challenged FCT authorities. Officials say arrears hit N6.97 billion by end of 2024, owed by 8,375 titleholders. Some properties defaulted for over 40 years .
The scale of defaults partly reflects weak record-keeping. Wike’s team claimed it found some defaulters listed under old or incorrect owner names. They argued sealing pressured wealthy elites to update records and pay .
Still, diplomats see a special case. The Vienna Convention shields embassy premises from local taxation unless a mission explicitly waives immunity. Many missions rely on reciprocal arrangements in host countries .
Any breach risks tit-for-tat reprisals. Nigeria could face expulsion of its envoys or seizure of its own missions abroad. Falana warned this would harm trade, aid, and security cooperation .
On constitutional grounds, Falana noted several court rulings. At least 20 judgments from high courts, appeal courts, and the Supreme Court held FCT authorities lack unilateral power to seal land without due process .
Those rulings affirm that Right of Occupancy holders may only face fines or surcharges, not revocation or sealing, unless a court orders it. Falana said Wike should heed those precedents .
In a democracy, rule of law must prevail over executive fiat. Falana stressed that money owed does not override basic rights. “Too bad!” is no substitute for a fair hearing .
Some legal scholars back Falana’s view. They warn that hasty enforcement undermines investor confidence. Foreign missions, NGOs, and businesses need clear, stable property rules to plan long term. Abrupt sealing shakes trust.
Others praise the tough stance. They argue enforcement is overdue and that rent dodgers must face consequences. They see Wike’s move as tackling entrenched corruption and boosting FCT revenues.
Despite deep divisions, all sides agree on one point: ground rent must be addressed. The question is how to balance revenue needs, citizens’ rights, and diplomatic relations.
As deadlines passed, the FCT administration reportedly paused further sealing of embassies. Observers await Tinubu’s next move and possible court challenges.
Will diplomacy or law guide the way? Falana’s warning puts the spotlight on treaties and trials, not just taxes. The coming days will show if rule of law beats revenue drive.
What do you think? Should embassies pay ground rent like others, or enjoy full immunity? Debate calmly and help shape policy.