- Ministry of Foreign Affairs Weighs in
By Abiola Olawale
Eminent diplomatic and legal experts have begun to sound an alarm warning to President Bola Tinubu’s administration regarding a move by the Federal Capital Territory Administration (FCTA) under the leadership of the Minister of Federal Capital Territory (FCT), Nyesom Wike, to seal 34 foreign embassies in Abuja over alleged ground rent indebtedness.
Many legal and diplomatic experts who weighed in on the thorny matter at the weekend warned that Wike’s actions amount to a blatant violation of diplomatic and international law and could provoke severe global repercussions for Nigeria, potentially isolating the nation on the world stage.
This comes after Wike, in a directive issued on May 26, 2025, ordered the revocation of 4,794 property titles, including those of diplomatic missions, for non-payment of ground rents spanning up to 43 years.
With a 14-day grace period which expired on June 9, the FCTA had doubled down, warning of penalties between ₦2 million and ₦3 million per property.
According to a publication by the FCTA, the affected embassies, listed among 9,000 debtors, now risk having their premises sealed.
But in a renewed move to call Wike and the FCT to order over what he described as their ignorance of international law and the Vienna Convention protocols governing diplomatic rules and practices globally, renowned human rights lawyer and a Senior Advocate of Nigeria (SAN), Femi Falana, declared that Wike’s plan is a violation of international law.
Citing Article 22 of the Vienna Convention on Diplomatic Relations, Falana emphasized that embassy premises are inviolable, immune from forced entry or closure, even for unpaid dues.
He urged the FCTA to pursue legal remedies in court rather than resorting to property seizures, warning that invading diplomatic missions could strain Nigeria’s international relations.
He asserted: “Embassies and missions cannot be invaded because they have not paid ground rent, which is not applicable for all of them.
“As far as the Vienna Convention on diplomatic relations is concerned, the premises of any embassy in Abuja are inviolable by Article 22 of the convention.
“If we embark on invading the embassy of any country, it’s going to lead to serious diplomatic problems for Nigeria. So, it is not allowed.
“The minister cannot order that a house be sealed because the right to a fair hearing is guaranteed by Section 36 of the Constitution and Article 7 of the African Charter on Human and Peoples’ Rights Act. What this implies is that before you can take action against me, you must give me the right to make a representation.”
Reacting also, former Director General, Nigerian Institute of International Affairs, Professor Bola Akinterinwa, maintained that Wike cannot forcefully enter the premises of these foreign embassies.
According to him, sealing the foreign embassies is tantamount to illegally evading a country.
He said: “As regards the definition of an embassy, it is the conception and extensive scope that explain the rationales for the grant of privileges, immunities, protection, and inviolability.
“The notion and concept cover more than the Chancery. In other words, an embassy also includes diplomatic residences, diplomatic vehicles, as well as the accredited diplomatic agents and their households.
“Article 1 of the Vienna Convention, which was done on 18 April 1961 in the then five languages of the United Nations (Chinese, English, French, Russian, and Spanish). Arabic was only introduced as one of the languages of the UN on 18 December 1973.
“The Vienna Convention came into force less than a week after signatures, on 24 April 1961. It differentiates between members of the diplomatic staff who have a diplomatic rank and the non-diplomatic members who have no diplomatic rank.
“Article 22(1) says ‘the premises of the mission shall be inviolable’ and that ‘agents of the receiving State may not enter them, except with the consent of the head of the mission.’
“Put differently, law enforcements are prohibited from entering any diplomatic mission without the express permission of the Ambassador who is the head of a diplomatic mission.
“The importance of this provision is further strengthened with the provision of Article 21, which requires the receiving State to either facilitate the acquisition on its territory, in accordance with its laws, by the sending State of premises necessary for its mission or assist the latter in obtaining accommodation in some other way.’
“Thus, the FCTA cannot afford the luxury of making life difficult for a diplomatic mission or seeking to enter an embassy forcefully or by manu militari, without also preparing for reciprocal measures.”
Speaking also, Ambassador Sulaiman Dahiru, a former career diplomat, cautioned the government to handle its relationship with diplomatic missions carefully, saying diplomatic premises were inviolable under bilateral and multilateral agreements.
He argued that the FCT lacked the authority to close diplomatic premises or impose taxes or ground rent, saying it fell under the purview of the Ministry of Foreign Affairs.
He stated: “Nigeria has to be careful in the manner it handles its relationship with diplomatic missions domiciled in Nigeria. In diplomacy, all diplomatic and consular premises, including Chancery, Ambassadors’/ High Commissioners’ residences, and all diplomats’ houses are inviolate. FCT has no authority to violate these premises for whatever reason.
“Diplomats and diplomatic/ consular premises do not pay tax. Why should they be subjected to closure because of tax or ground rent? Plots of land are allocated to diplomatic/consular missions/posts based on an agreement. Nigeria allocates a plot of land and the country concerned reciprocates by allocating a plot of land to Nigeria. Ground rent or any type of tax is waived off. Therefore, on what basis is the FCT taking the action?”
Similarly, former Nigerian ambassador to Mexico, Ogbole Amedu-Ode, referenced the 1961 Vienna Convention and urged caution.
He submitted: “For the diplomatic premises, if we are to go by the Vienna Convention of Diplomatic Relations, the premises of a diplomatic mission are inviolable.
“But that is not to say that they are not supposed to obey local municipal rules and regulations or the rules and regulations governing such things as relate to property ownership. However, there may be a caveat.”
Meanwhile, the Ministry of Foreign Affairs has begun communications with the Federal Capital Territory Administration (FCTA) over the said threats to shut down 34 foreign embassies in Abuja.
The spokesperson for the Ministry of Foreign Affairs, Kimiebi Ebienfa, confirmed this while speaking with the press.
Ebienfa said the Ministry is in contact with the Territory FCTA to defuse tensions and avert a crisis that could tarnish the nation’s global reputation.
“The ministry will take up the matter with FCTA and it will be addressed via diplomatic channels,” Ebienfa said.
