Femi Falana Condemns Unlawful Sealing of Properties Without Court Orders

Human rights lawyer Femi Falana, SAN, has raised serious concerns over the increasing practice by government agencies, landlords, and private bodies of sealing residential and commercial properties across Nigeria without obtaining court orders. He described this as “self-help” and a blatant abuse of power that violates the rule of law and constitutional guarantees.

In a statement released Monday, Falana stressed that such actions—whether related to tax defaults, rent arrears, or planning violations—must follow due legal process, including proper notice, opportunity to be heard, and judicial authorization. He cited the Supreme Court ruling in Military Governor of Lagos State v. Ojukwu (1986), which emphasized that government derives legitimacy from obeying the law.

Falana referenced several landmark court cases, including Concord Press v. Attorney-General, where military authorities’ sealing of newspaper premises without due process was struck down and damages awarded, as well as Attorney-General v. Punch Nigeria Ltd (2019), where unlawful sealing and detention under the military regime were condemned and damages awarded.

He further noted that under Nigeria’s 1999 Constitution, sections 36, 43, and 44 protect citizens’ rights to fair hearing, privacy, and property ownership, which are breached when premises are sealed without court orders.

Falana cited more recent rulings affirming these protections:

• Bamgboye v. University of Ilorin (1999): Emphasized the necessity of a fair hearing before any adverse action.

• Eze v. Spring Bank Plc (2011): Held that forcibly locking premises without judicial approval is trespass and unlawful.

• Association of Motor Dealers v. Nigeria Customs Service (2021): Court ordered payment of ₦500 million in damages for unauthorized sealing of over 400 car dealerships.

He condemned the recent sealing of the Federal Inland Revenue Service (FIRS) headquarters and the PDP secretariat by the FCT Administration, warning such acts bypass judicial authority and threaten democratic principles.

Falana concluded by invoking the Supreme Court’s ruling in Attorney-General of Lagos State v. Attorney-General of the Federation (2004), underscoring that all grievances must be resolved through courts, not by “self-help,” which undermines democracy and breeds anarchy.