Femi Falana

Mr Femi Falana a Senior Advocate of Nigeria and human rights crusader has stated the reason that the Federal Capital Territory Minister, Nyesom Wike, lacks power to off Embassies situated in Abuja  on the ground that they had failed to pay ground rents of about N3.6 billion.

The Senior lawyer reminded the Federal Government that it is under a legal obligation to protect the embassies’  inviolability. Specifically, Article 22 of the Vienna Convention of Foreign Relations. He stated the reasons in his statement below:

FCT Lacks Power to Seal Off Embassies In Nigeria

By Femi Falana

The Minister of the Federal Capital Territory, Mr. Nyessom Wike has threatened to seal off the premises of 34 embassies situated in Abuja  on the ground that they had failed to pay ground rents of about N3.6 billion.  Some of the heads of the foreign missions  have claimed that they read about the threat in the media as the authorities of the Federal Capital Territory have not made a written demand for the payment of the ground rents. The threat to close down or seal off the embassies ought to be reviewed  as the Federal Government is under a legal obligation to protect their  inviolability. Specifically, Article 22 of the Vienna Convention of Foreign Relations  provides as follows:

1. The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.
2. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission againts any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.
3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.

With respect to the payment of taxes and levies by embassies in Nigeria, article 23(1) of the Convention provides that “the sending State and the Head of the Mission shall be exempt from all national, regional or municipal dues and taxes in respect of the premises of the mission, whether owned or leased, other than such as represent payment for specific services rendered.”

Furthermore, the Diplomatic Immunities and Privileges Act of 1961 equally guarantees the inviolability of the premises of embassies and foreign missions in Nigeria. For the avoidance of doubt, the first schedule made pursuant to section 11 (2) (a) of the Act provides for “exemption from taxes and rates, other than taxes on the importation of goods, as is accorded o the Government of any foreign country.”

From the foregoing, it is indisputable that by the combined effect of the provisions of articles 22 and 23 of the Vienna Convention on Foreign Relations as well as section 11 of the Diplomatic Immunities and Privileges Act, embassies are exempted from payment of taxes and rates including ground rents. To that extent,  the Government of Nigeria or the Minister of the Federal Capital Territory lacks the vires to close down or seal off the premises of an embassy in Nigeria due to alleged failure to pay ground rents.

Assuming without conceding that the 34 embassies are required under international  law to pay the ground rents, it is submitted that the dispute arising from the non-payment of any levy has to be resolved in a domestic court.  However, any suit filed by the FCT Administration for the recovery of the ground rents will be struck out by either the Federal High Court or the High Court of the Federal Capital Territory for want of jurisdiction due to the immunity conferred on the embassies by the Vienna Convention on Foreign Relations and the Diplomatic Immunities and Privileges Act of Nigeria. Therefore, the Federal Government should direct the FCT Minister to withdraw the threat to seal off the premises of the 34 embassies as they are extraterritorial.

*Femi Falana, a Senior advocate of Nigeria, is a human rights crusader