Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has raised concerns over the recently announced Migration Partnership Agreement between Nigeria and the United Kingdom, arguing that it cannot be legally enforced in its current form. The agreement, unveiled during President Bola Tinubu’s state visit to the UK last week, is designed to fast-track the return of Nigerians without legal status in the UK, including failed asylum seekers and foreign criminals, using “UK letters” instead of passports, and providing reintegration support.
Falana emphasized that while the agreement is being portrayed as a success for border control and bilateral cooperation, it undermines due process, constitutional protections, and human rights. He noted that “UK letters” cannot legally replace proper travel documents, and relying on them risks wrongful or arbitrary deportations by bypassing verification of identity and citizenship.
The agreement, Falana pointed out, is inconsistent with the Nigerian Constitution 1999 (as amended), particularly the right to a fair hearing. It allows removals without guaranteeing meaningful opportunities to challenge deportation and sidesteps established processes for verifying citizenship. In addition, it potentially violates Nigeria’s international human rights obligations under treaties such as the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, to which Nigeria is a signatory.
Falana also warned that the agreement could infringe on the right to family life, as many Nigerians in the UK targeted for return have established homes, raised children, and contributed to communities. UK legal precedents, including ZH (Tanzania) v Secretary of State for the Home Department and Huang v Secretary of State for the Home Department, underscore that deportation decisions must prioritize the best interests of children and balance proportionality with family rights.
He further noted that the agreement appears to lack legislative scrutiny or public debate in Nigeria, and its implementation by the executive alone could be unconstitutional. Provisions allowing convicted individuals in the UK to serve prison terms in Nigeria contravene the Criminal Code Act and Nigerian Correctional Service Act. Falana called for a review and domestication of the agreement in line with Section 12(1) of the Constitution, stressing that no Nigerian citizen should be returned arbitrarily while the legal framework remains unresolved.
