No minister or governor can demolish without court order – Falana
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.
Speaking in an interview with ARISE News on Friday, Falana said the actions of both state and federal authorities were unconstitutional, stressing that no public officer has the right to demolish private property without judicial approval.
“No governor or minister has the power to demolish a house in Nigeria without a valid court order,” he said. “Under our constitutional arrangement, you must go to court to prove that a building violates the law before demolition can be authorised.”
The senior lawyer noted that both Lagos and the Federal Capital Territory (FCT) have existing Urban and Regional Planning laws that stipulate clear procedures for demolition — including issuing statutory notices and granting affected persons the right to appeal.
“In Abuja, there is a regional and urban tribunal set up to determine when a building should go down,” he explained. “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.”
Falana criticised what he termed “lawlessness and impunity,” recalling that despite a Lagos High Court order restraining authorities from demolishing houses in Oworonshoki, officials still 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,” he said. “When I raised the issue, a top official arrogantly said, ‘Heavens will not fall.’ Well, we shall see.”
He revealed that his law firm had begun legal action on behalf of the victims to seek redress. “All the victims are going to court,” he said, citing past judicial precedents where ₦200 million and ₦3.5 billion were awarded in similar cases in Abuja and Lagos, respectively.
Falana also faulted the recent controversy surrounding President Bola Tinubu’s clemency list, calling it an “embarrassment” that violated constitutional provisions. “Those convicted under state laws cannot be pardoned by the president,” he said, urging the Attorney-General of the Federation to apologise to Nigerians.
“Our democracy must be anchored on the rule of law,” Falana concluded. “Nobody is above the law.”
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