Renowned human rights lawyer Femi Falana, SAN, has raised a red flag over the recently inked UK-Nigeria Migration Partnership Agreement. Following President Bola Tinubu’s state visit to the United Kingdom, Falana warned that the deal, in its current state, is legally unenforceable and poses a significant threat to the fundamental rights of Nigerians.
The agreement, designed to accelerate the deportation of Nigerians without legal status in the UK, has been described by the Senior Advocate as a bypass of both domestic and international legal safeguards.
The "UK Letters" Controversy: A Risk to Identity
One of the most contentious points of the pact is the provision allowing "UK letters" to serve as substitutes for official Nigerian passports during deportation. Falana argued that this lowers the safety threshold, creating a high risk of wrongful or arbitrary removals.
"The use of ‘UK letters’ is not and cannot be a substitute for proper travel documents. This measure potentially allows individuals to be removed without proper verification of their nationality." — Femi Falana, SAN
Three Major Legal Hurdles
According to Falana, the executive branch cannot implement this agreement as law without passing through the proper channels. He highlighted three primary concerns:
Constitutional Violation: Under Section 12(1) of the 1999 Constitution, no treaty between Nigeria and another country has the force of law until it is enacted by the National Assembly.
The "Dumping Ground" Factor: Falana strongly criticized provisions allowing Nigerians convicted in the UK to serve their sentences in Nigeria. He noted that without a valid Nigerian court order, such detentions are illegal, stating, "Nigeria is not a dumping ground for persons convicted in the UK."
Breach of International Treaties: The deal reportedly conflicts with the African Charter on Human and Peoples' Rights, which mandates the protection of human dignity and the right to a fair hearing.
The Human Cost: Family and Future
Beyond the legal jargon, Falana emphasized the social impact. Many Nigerians facing deportation have established deep roots and families in the UK. He cautioned that the "fast-track" nature of this deal ignores the welfare of children and the proportionality of deportation decisions, which are protected under UK court precedents.
Falana concluded by demanding that the agreement undergo legislative scrutiny and public debate, insisting that no citizen should be arbitrarily returned to serve a foreign government’s migration control objectives.
Source: Arisetv
