A Lagos State High Court, sitting in Ikeja, yesterday, restrained the Federal Housing Authority, FHA, and Lagos State Building Control Agency, LSBCA, from further demolition of residential houses in 6th Avenue, Festac Town, Amuwo Odofin Local Government Area of Lagos State.
Justice Omolade Awope, the trial judge, issued the order in response to a lawsuit filed by Samuel Ahmed, Martinson Realtors Investment Limited, Taoheed Amusa, and R. Balogun. The applicants sought a pre-emptive injunction against FHA and LSBCA.
anFHA and LSBCA have demolished over 600 houses and partially demolished around 700 others on 6th Avenue in Festac Town.
The court’s pre-emptive injunction restrains the first defendant/respondent, whether acting directly or through agents, privies, assigns, or any special task force, para-military officers, or otherwise described, from demolishing or removing any building or property erected in 6th Avenue Festac Town or any other part of Festac Town. This is in alleged enforcement of ‘Town Planning Laws’ until the applicant complies with the Lagos State High Court Practice Directions No. 2 of 2019 on the Pre-action Protocol.
The order follows a motion exparte by the claimants, who presented ten grounds justifying their request for the injunction.
The grounds include, “That the instant suit was brought before the court under the order of the Supreme Court in Appeal Ne: 8C.931/2007 delivered on (March 8, 2022, and re-initiated vide a writ of Summons and statement of claim dated January 26, 2023.”
In a 40-paragraph affidavit deposed to by Alhaji R. Balogun and Thaddeus Idenyi in support of the motion, the claimants stated that the suit was the subject matter of the property situated at Fesac Town, Amuwo Odofin, Lagos State, which is more particularly described on the Survey Plan No. KESII/L/)106 dated October 4, 1980.
It further stated that during the pendency of the suit, the defendant in disregard for the process of the court, entered into the land, the subject matter of this suit, and marked all the buildings erected thereon by the claimants, and their privies for demolition based on alleged violation of the defendant’s planning laws, which is premised on the defendant’s alleged ownership of the land subject matter of this suit.
Demolition not targeted at any group in Lagos —Commissioner
Meanwhile, following unverified claims on social media that the demolition targeted people from the South-East, the Lagos State Commissioner for Physical Planning and Urban Development, Oluyinka Olumide, yesterday, declared that the ongoing demolition in the state is not targeted at any group.
Olumide, who clarified in an interview on Channels Television’s Sunrise Daily program, refuted claims that the ongoing demolition by the state government was targeted at the South-Easterners.
He said: “Anybody can own a building in Lagos so long as you go along with the laid-down rules. It’s unfortunate that maybe what we have recently happened to concern those from certain parts of the country.”
“Those buildings causing this uproar are buildings rushed during the COVID period when activities of enforcement officers are at the low ebb because of restriction of movement and you could see that when those buildings were demolished, nobody has come forward to say they were demolished under approval.”
“We will not demolish any approved building, that’s for sure. So, if there is anybody who claims that their buildings were approved and demolished, let them come forward.”
“Buildings not done within the confines of the law are subject to demolition.”
FES, youths demand compensation for victims
Meanwhile, an NGO named Friedrich Ebert Stiftung (FES) and the youth in Lagos are calling on the Lagos State government to provide compensation for individuals whose homes were demolished. They emphasize that the government should also ensure housing solutions for those in need.
On the spate of demolition in Lagos, Ihejirika said: “The state government should either compensate or relocate them. If you are going to demolish, you should inform people. The constitution is very clear about these issues. It is the government’s responsibility to provide houses for the poor.”
Also speaking, the leader of the Oworonshoki Youth Forum, Mr Opeyemi Ogunlami, said: “You cannot displace people who have been living in a place like Oworonshoki for 40 years without any compensation. We do not have power or military back up but in the community, we have voices pushing for something.