Femi Falana, a well-known human rights attorney, contends that the newly established migration pact between Nigeria and the United Kingdom is unenforceable in Nigeria's legal system.
In a declaration made on Monday, Falana cautioned that the agreement undermines constitutional safeguards and Nigeria's international human rights commitments.
This agreement, which was announced during President Bola Ahmed Tinubu's state visit to the UK, aims to expedite the expulsion of Nigerians residing unlawfully in Britain, including those whose asylum claims have been rejected, as well as individuals with criminal convictions. It also proposes the replacement of valid passports with 'UK letters' to facilitate deportation processes, alongside assurances of assistance for reintegrating returnees.
Nevertheless, Falana asserted that the plan places administrative convenience above due legal procedures, thereby increasing the likelihood of wrongful deportations.
He criticized the proposal to utilize 'UK letters' in place of legitimate travel documents, arguing that this method lowers the bar for deportation and risks returning individuals without verifying their identities or nationalities.
Falana argued that this arrangement contradicts the principles outlined in Nigeria's 1999 Constitution, particularly concerning the right to a fair hearing, as it appears to permit deportations without allowing those affected a reasonable chance to contest their expulsion.
He further highlighted the potential breach of Nigeria's commitments under international agreements, such as the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, both of which guarantee the protection of human dignity and access to legal recourse.
Falana expressed apprehension regarding the effect of this policy on family units, noting that numerous Nigerians impacted by it have built lives in the UK. He referenced legal precedents in the UK that stress the necessity of prioritizing the welfare of children and ensuring that deportation decisions are proportionate.
In addition to these human rights issues, he questioned the legal enforceability of the agreement within Nigeria's existing legal framework. He maintained that according to current laws, including the Criminal Code Act and the Nigerian Correctional Service Act, no person can be detained without a lawful court order issued by a Nigerian judge.
Falana remarked that any clause allowing offenders in the UK to serve their prison sentences in Nigeria would be illegal, emphasizing that Nigeria should not be a repository for convicted criminals from abroad.
He also indicated that it is unclear whether the agreement has gone through necessary legislative assessment or public consultation in Nigeria. He emphasized that under Section 12(1) of the Constitution, international agreements require the endorsement of the National Assembly to have the force of domestic law.
"This agreement needs to be reconsidered and aligned with both constitutional and human rights standards. Arbitrary returns should not occur in pursuit of the UK’s migration management goals," he asserted.
Falana concluded that until the agreement is thoroughly examined and legislated, its enforcement in Nigeria remains legally ambiguous.
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