Falana SAN Faults Nigeria–UK Migration Agreement, Raises Constitutional and Human Rights Concerns
Human rights lawyer, Femi Falana, SAN, has criticised the recently announced migration agreement between Nigeria and the United Kingdom, warning that it is unenforceable in its current form due to constitutional, statutory, and human rights implications.
The pact, signed during President Bola Tinubu’s state visit to the UK, seeks to expedite the deportation of Nigerians without legal residency status, including failed asylum seekers and foreign offenders. A central feature of the arrangement is the use of “UK letters” in place of standard travel documents, alongside reintegration support measures.
Falana argued that reliance on informal documentation undermines due process and heightens the risk of wrongful deportations, contrary to international standards. He stressed that the agreement conflicts with the Nigerian Constitution, particularly the right to fair hearing, by permitting removals without adequate opportunity for affected persons to challenge their deportation.
The Senior Advocate further noted that bypassing established procedures for verifying citizenship could result in mistaken identity and unlawful repatriation. He maintained that the policy contravenes Nigeria’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, which require states to uphold human dignity and prevent refoulement.
Falana also raised concerns about the impact on family life, citing UK judicial precedents such as ZH (Tanzania) v Secretary of State for the Home Department and Huang v Secretary of State for the Home Department, which emphasise proportionality and the best interests of children in deportation cases.
He criticised the lack of legislative scrutiny, insisting that agreements affecting fundamental rights cannot be implemented solely by executive action. He warned that provisions allowing UK convicts to serve prison terms in Nigeria are inconsistent with Nigerian law, which requires valid court orders before admission into correctional facilities.
Falana called for a comprehensive review of the pact to ensure compliance with constitutional safeguards and Nigeria’s international obligations. He emphasised that, under Section 12(1) of the Constitution, the agreement must be domesticated by the National Assembly before it can have the force of law. Until then, he insisted, no Nigerian citizen should be subjected to arbitrary deportation under the guise of advancing UK migration control.
