Senior lawyer insists no authority can demolish property without court order
Renowned human rights lawyer Femi Falana (SAN) has strongly criticized the recent spate of demolitions carried out by authorities in Lagos State and the Federal Capital Territory (FCT), Abuja, describing them as “a gross violation of the rule of law” and an affront to judicial authority.
Speaking during an interview on ARISE News on Friday, the senior advocate condemned what he termed a growing trend of impunity by government officials who demolish private properties without due process or judicial approval.
According to Falana, both state and federal authorities have exceeded their legal powers by authorizing demolitions without first obtaining valid court orders.
“No governor or minister has the power to demolish a house in Nigeria without a valid court order,” Falana declared. “Under our constitutional arrangement, government officials must go to court and prove that a building violates the law before any demolition can be authorized.”
Falana cites legal procedures ignored by authorities
The lawyer emphasized that existing laws in Lagos and Abuja clearly outline the proper steps for handling cases of illegal or unapproved buildings. These include issuing statutory notices to property owners, allowing time for response, and providing a right of appeal through legally constituted tribunals.
“In Abuja, there is a regional and urban tribunal established by law to determine whether a building should be demolished,” Falana explained. “The Minister of the Federal Capital Territory cannot usurp the powers of that tribunal. It is illegal for the minister to order demolitions in defiance of the law.”
He noted that both the Urban and Regional Planning Act and the FCT Urban and Regional Planning Tribunal Regulations were designed to protect citizens from arbitrary actions by public officers. Violating those provisions, he said, not only undermines the rule of law but also erodes public trust in government institutions.
Lagos demolitions carried out despite court order
Citing recent incidents in Oworonshoki, Lagos, Falana described how state officials allegedly ignored a restraining order issued by a Lagos High Court and proceeded to demolish residential buildings under cover of darkness.
“Certified copies of the court order were served on government agencies,” he said, “yet by Saturday night, those houses were invaded and demolished. When I raised the issue, a top official arrogantly said, ‘Heavens will not fall.’ Well, we shall see.”
The human rights advocate condemned such defiance of judicial authority, saying it reflects “the dangerous level of lawlessness in public administration.”
He revealed that his law firm had already begun legal proceedings on behalf of affected residents to seek compensation and justice. “All the victims are going to court,” Falana confirmed.
Courts have previously awarded billions in similar cases
Falana referenced previous landmark judgments where Nigerian courts had awarded substantial compensation to victims of illegal demolitions.
“In similar cases in Abuja and Lagos, courts have awarded ₦200 million and ₦3.5 billion in damages, respectively,” he said. “We will pursue justice for these victims as well. The judiciary must once again assert its authority.”
He urged victims of illegal demolitions across the country to challenge such acts in court rather than resorting to violence or despair. “The constitution provides remedies for unlawful government actions,” he said. “People must take advantage of those remedies.”
Falana slams presidential clemency list as unconstitutional
During the interview, the senior lawyer also weighed in on the controversy surrounding President Bola Ahmed Tinubu’s recent clemency list, describing it as “an embarrassment” that reflects poor legal advice within the administration.
According to Falana, the inclusion of individuals convicted under state laws on a presidential pardon list is unconstitutional because the President of Nigeria has no legal power to pardon offenders tried and sentenced under state jurisdictions.
“Those convicted under state laws cannot be pardoned by the President,” he explained. “Only the governors have that constitutional authority. Whoever prepared that list acted outside the law.”
Falana urged the Attorney-General of the Federation to publicly apologize to Nigerians for the error and to ensure that future exercises of executive clemency strictly comply with constitutional provisions.
“Nobody is above the law,” Falana insists
The veteran lawyer concluded his remarks by emphasizing that Nigeria’s democracy must remain firmly rooted in constitutionalism and judicial oversight. He cautioned public officials against assuming that power gives them license to violate citizens’ rights.
“Our democracy must be anchored on the rule of law,” Falana said. “Nobody is above the law — not the President, not the governors, and not the ministers. Once officials begin to act outside the law, democracy is endangered.”
Falana, a long-time advocate for civil liberties and accountability, has been at the forefront of several landmark human rights cases in Nigeria. His comments come amid growing public concern over widespread demolitions of residential and commercial properties in major cities, often justified by officials as part of “urban renewal” or “environmental sanitation” efforts.
However, many affected citizens and civil society groups argue that these demolitions disproportionately target the poor and are frequently carried out without fair notice or legal recourse.
As public debate continues, Falana’s warning underscores a fundamental question for Nigeria’s democracy — whether government power will be exercised within the limits of the law or continue to operate through executive discretion and impunity.
