Human rights lawyer Femi Falana has declared recent sanctions imposed by US President Donald Trump on Cuba illegal and unconstitutional, citing a landmark ruling by the Supreme Court of the United States that limits presidential authority over tariffs.

In a strongly worded statement, Falana argued that Trump’s executive order targeting Cuba’s energy supply chain violates established constitutional principles and undermines international law. The order, signed on January 29, 2026, imposes tariffs on countries supplying oil to Cuba, effectively seeking to cut off the island’s access to fuel.

Falana said the policy, introduced under the International Emergency Economic Powers Act and the National Emergencies Act, lacks legal foundation following the Supreme Court’s February 20 ruling in Learning Resources Inc. v. Trump. In that decision, the court held that the president does not have the authority to impose tariffs without congressional approval.

According to the senior advocate, the court made it clear that tariffs constitute taxation powers reserved exclusively for Congress, and that the emergency powers law cited by the Trump administration does not authorise sweeping trade restrictions.

“It is therefore submitted that, the imposition of tariffs on countries that supply oil to Cuba is illegal and unconstitutional,” Falana said, stressing that the ruling invalidates the legal basis of the administration’s action.

He further criticised Trump’s response to the judgment, noting that the president had launched attacks against the justices who ruled against him, despite the binding nature of their decision under the rule of law.

Falana also linked the sanctions to worsening humanitarian conditions in Cuba, stating that the country’s economy has been severely impacted by restrictions on oil imports. He cited a recent nationwide power outage following the collapse of Cuba’s electricity grid, attributed to prolonged fuel shortages caused by the sanctions.

While power has since been restored after the reconnection of the grid and revival of a major oil-fired plant, Falana warned that the crisis reflects the broader consequences of the US policy.

He accused the United States of economic strangulation and criticised what he described as threats of military action against Cuba, arguing that such actions would violate international norms and the sovereign rights of the Cuban people.

Falana maintained that any attempt by Trump to initiate military action without congressional approval would also be unconstitutional, urging US institutions to uphold legal checks on executive power. (Arise News)

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