The Federal Housing Authority (FHA) and the Lagos State Building Control Agency (LSBCA) were ordered yesterday by a Lagos State High Court sitting in Ikeja to stop demolishing residential homes located on 6th Avenue in Festac Town, Amuwo Odofin Local Government Area, Lagos State.
Following a lawsuit filed by Samuel Ahmed, Taoheed Amusa, R. Balogun, Martinson Realtors Investment Limited, and others seeking a preemptive order of injunction against FHA and LSBCA, the trial court, Justice Omolade Awope, had issued the order.
[9:02 am, 01/12/2023] Sandra Miss Cocity Atcoi: On 6th Avenue in Festac Town, the LSBCA and FHA have so far partially demolished over 700 homes and destroyed over 600 others.
In the preemptive order of injunction, the court barred the first defendant/respondent from demolishing and/or removing any building or property erected in 6th Avenue Festac Town or any other part of Festac Town in purported enforcement of ‘Town Planning Laws’, whether acting alone or through its agents, privies, assigns or any special task force, paramilitary officers or otherwise, however described. This was while the applicant was complying with the Lagos State High Court Practice Direction
The order followed the claimants’ motion expert, in which they presented ten grounds for the order.
Among the grounds are the following: “That the instant suit was re-initiated via a writ of summons and statement of claim dated January 26, 2023, and was brought before the court under the order of the Supreme Court in Appeal Ne: 8C.931/2007 delivered on March 8, 2022.”
The property located at Fesac Town, Amuwo Odofin, Lagos State, which is more specifically described on the Survey Plan No. KESII/L/)106 dated October 4, 1980, is the subject matter of the suit, according to a 40-paragraph affidavit deposed to by Alhaji R. Balogun and Thaddeus Idenyi in support of the motion.
It further claimed that, while the lawsuit was pending, the defendant entered the land that was the subject of the lawsuit, disregarded the court’s procedures, and marked all the buildings the claimants had constructed there, along with their privies, for demolition on the grounds that they had violated the defendant’s planning laws. This claim was predicated on the defendant’s purported ownership of the land.
No Lagos group is the target of demolition, according to the commissioner
In the meantime, Oluyinka Olumide, the Lagos State Commissioner for Physical Planning and Urban Development, stated yesterday that no group is being singled out by the state’s continuing demolition, in response to unsubstantiated assertions on social media that the work was directed towards South-East residents.
In an interview with Channels Television’s Sunrise Daily, Olumide provided clarification and denied suggestions that the state government’s current demolition project was directed towards South Easters.
“Anybody can own a block in Lagos as long as they follow the established rules,” he stated. It is regrettable that individuals from specific regions of the nation may be affected by the recent events.
“Those buildings that are causing all of this are buildings that were rushed during the COVID period, when enforcement officers’ activities are at a low point due to movement restrictions. You could also see that when those buildings were demolished, no one has come forward to claim that their demolition was authorized.
“There is no doubt that we will not demolish any permitted buildings. Thus, let those who assert that their structures were authorized and demolished to come forward.
“Buildings that are not constructed in compliance with the law may be demolished.”
FES, young people seek victims’ compensation
The Lagos State government has been requested to compensate victims whose houses were demolished by a non-governmental organization (NGO), Friedrich Ebert Stiftung (FES), and young people in Lagos. The government is also required to provide accommodation for the impoverished.
Ihejirika commented, “The state government should either compensate or relocate them,” in reference to the recent wave of demolitions in Lagos. You should notify people if you plan to demolish. The constitution makes these points extremely plain. The government is in charge of giving the impoverished housing.
Speaking at the same time, Mr. Opeyemi Ogunlami, the head of the Oworonshoki Youth Forum, stated: “You cannot evict individuals who have lived in a place like Oworonshoki for 40 years without any compensation. Despite the lack of military support or authority, there are voices in the community advocating for change.