Human rights lawyer Femi Falana (SAN) has condemned the recent wave of demolitions in Lagos and Abuja, describing them as a “gross violation of the rule of law” and an affront to the judiciary.
Falana, who spoke in an interview with ARISE NEWS on Friday, said the demolitions, which reportedly took place at midnight despite existing court orders, were unconstitutional and illegal.
“No governor or minister has the power to demolish a house in Nigeria without a valid court order.
“Under our constitutional arrangement, you must go to court to prove that a building violates the law before demolition can be authorised,” Falana said.
He said that both Lagos and the Federal Capital Territory (FCT) have Urban and Regional Planning laws that clearly outline the procedure for demolition, including issuing statutory notices and allowing affected persons to appeal.
“In Abuja, there is a regional and urban tribunal set up to determine when a building should go down. The minister cannot usurp the powers of that tribunal.
“It is illegal on the part of the minister to continue demolitions in defiance of the law,” he said.
He, however, criticised what he described as “lawlessness and impunity,” recalling that despite a Lagos High Court order restraining authorities from demolishing houses in Oworonshoki, state officials carried out the operation at night.
“Certified copies of the court order were served on government agencies, yet by Saturday night, those houses were invaded.
“When I raised the issue, a top official arrogantly said, ‘Heavens will not fall.’ Well, we shall see,” he said.
Falana added that his law firm had already initiated legal action on behalf of the victims, seeking damages for violation of their constitutional rights.
“All the victims are going to court. In Abuja, a court this year awarded ₦200 million in damages against the FCT authorities for similar violations, and in Lagos, ₦3.5 billion was awarded last year for illegal demolitions.”
Reacting to public frustration about selective justice, Falana maintained that his firm never abandons victims of injustice, adding that “wherever victims have come to us, we ensure that justice is done even if the heavens will collapse.”
Turning to the controversy over President Bola Tinubu’s clemency list, Falana also faulted the Attorney-General of the Federation for the “embarrassing errors” that exposed the country to ridicule.
“Those who were not deserving of pardon were recommended, including people recently convicted under state laws,” he said. “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 called for accountability and an apology from the Ministry of Justice. “It’s not enough to say we have reviewed the list. The Attorney General should apologise to Nigerians,” Falana said. “Government must ensure such embarrassment never happens again.”
Falana concluded that Nigeria’s democracy must be anchored on respect for the rule of law and judicial authority. “Nobody is above the law,” he said firmly. “We are not in Gaza. This is supposed to be a constitutional democracy.”
