A Lagos State High Court in Ikeja, on Wednesday, restrained the Federal Housing Authority, FHA, and Lagos State Building Control Agency, LSBCA, from further demolition of residential houses at 6th Avenue, Festac Town, Amuwo Odofin Local Government Area of the state.
Justice Omolade Awope, the presiding judge, granted the order, following the suit by Samuel Ahmed, Martinson Realtors Investment Limited, Taoheed Amusa and R. Balogun, seeking a pre-emptive order of injunction against FHA and LSBCA.
So far, FHA and LSBCA have demolished over 600 houses and partially demolished about 700 others on 6th Avenue in Festac Town.
In the pre-emptive order of injunction, the court restrained the first defendant/respondent whether acting by itself or through its agents, privies, assigns or any special task force, para-military officers or otherwise, howsoever, described from demolishing and/or removing any building or property erected in 6th Avenue Festac Town or any other part of Festac Town in alleged enforcement of ‘Town Planning Laws’ pending the applicant’s compliance with the Lagos State High Court Practice Directions No. 2 of 2019 on Pre-action Protocol.
The order was a sequel to the motion exparte by the claimants, who adduced 10 grounds upon which they sought the order.
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.
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 programme, 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.”
Leave a Reply