Human rights lawyer Femi Falana, SAN, has argued that the recently announced migration agreement between Nigeria and the United Kingdom cannot be enforced under Nigerian law.
In a statement on Monday, March 23, 2026, the senior lawyer warned that the deal “undermines constitutional protections and international human rights obligations.”
The agreement, which was unveiled during the state visit of President Bola Ahmed Tinubu to the UK, seeks to fast-track the return of Nigerians without legal status in Britain.
This includes failed asylum seekers and convicted offenders, introducing the use of “UK letters” in place of passports to facilitate deportations.
Read Also: Presidency Opens Up On Alleged UK Migration Deal For Nigeria To Accept Foreign Nationals
However, Falana argued that this arrangement “prioritises administrative convenience over due process,” which raises the risk of wrongful deportations.
He specifically criticized the use of “UK letters” as a substitute for valid travel documents, suggesting it could lead to individuals being returned without proper verification.
According to him, the deal is inconsistent with the 1999 Constitution, particularly the right to a fair hearing.
He further warned that it could violate Nigeria’s obligations under international treaties like the African Charter on Human and Peoples’ Rights, which “guarantee protection of human dignity and access to legal remedies.”
Beyond human rights concerns, Falana questioned the legal validity of the agreement within Nigeria’s domestic framework.
He stressed that the country cannot be used as a “dumping ground” for offenders convicted abroad.
He argued that under existing laws, including the Criminal Code Act and the Nigerian Correctional Service Act, no individual can be held in custody without a valid court order issued by a Nigerian judge.
Falana also pointed out that there is no indication the agreement has undergone legislative scrutiny or public debate in Nigeria.
“The agreement must be revisited and aligned with constitutional and international human rights standards,” he said, insisting that “no Nigerian should be arbitrarily returned in pursuit of the UK’s migration control objectives.”
He concluded that until the agreement is properly reviewed and enacted into law, its implementation in Nigeria “would remain legally questionable.”
