Falana: UK-Nigeria Deportation Deal Cannot Stand Without Due Process, Constitutional Backing
Human rights lawyer Femi Falana has criticised the proposed UK–Nigeria Migration Partnership Agreement, warning that it lacks legal backing under Nigerian law and could lead to serious human rights violations.
In a statement following the state visit of Bola Ahmed Tinubu to the United Kingdom, Falana argued that the agreement—designed to fast-track the return of undocumented Nigerians—undermines constitutional safeguards and due process.
He specifically faulted the provision allowing the use of “UK letters” in place of passports for deportations, describing it as inadequate and contrary to international standards.
“The use of ‘UK letters’ cannot replace proper travel documents,” he said, warning that such a system lowers verification standards and increases the risk of wrongful or arbitrary deportations.
Falana also raised concerns that the agreement does not guarantee affected individuals the right to a fair hearing, making it inconsistent with the provisions of the Nigerian Constitution. According to him, deportations could be carried out without giving individuals a meaningful opportunity to challenge their removal or properly confirm their nationality.
Beyond domestic law, he noted that the arrangement could breach Nigeria’s obligations under international frameworks such as the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, both of which emphasise the protection of human dignity and access to justice.
He further warned that the agreement could disrupt family life, as many Nigerians in the UK have established homes and relationships there. Citing legal precedents, Falana stressed that deportation decisions must consider the welfare of children and uphold proportionality.
The senior advocate also questioned the transparency of the agreement, noting the absence of legislative scrutiny or public debate in Nigeria. He insisted that any treaty affecting fundamental rights must be approved by the National Assembly in line with constitutional requirements.
Falana expressed particular concern over provisions that could allow convicted individuals in the UK to serve prison sentences in Nigeria, arguing that such arrangements have no basis in Nigerian law.
“The law never envisaged that Nigeria would be a dumping ground for persons convicted in the UK,” he stated, adding that detention in Nigeria requires a valid court order.
He concluded that the agreement must be properly reviewed and domesticated in accordance with constitutional provisions before it can have legal effect, warning that until then, no Nigerian should be arbitrarily returned under the arrangement.