Human Rights lawyer, Festus Ogun, says demolition of Obi’s younger brother’s property illegal

A human rights lawyer, Festus Ogun, has reacted to the recent demolition of the Lagos property of the younger brother of Peter Obi without the permission of the Lagos State Government.

After Obi raised the alarm on the demolition on Tuesday, the state government distanced itself from the act.

In a statement issued on Thursday, Gbenga Omotoso, the commissioner for information and strategy, said, “The Lagos State Building Control Agency (LASBCA) or any other arm of the Lagos State Government did not carry out the said demolition.”

Omotoso also said a full investigation had been ordered to clarify the circumstances surrounding the demolition and ensure that necessary actions are taken.

Festus Ogun, a lawyer and legal consultant based in Lagos, said one would need approval from the relevant government agency before demolishing such a structure.

Ogun, who was quoted by FIJ, said that the matter should be approached dispassionately, starting with whether the referenced court order included any directive for the property to be demolished.

“You also need to understand that the purported court judgment was obtained against an unknown person. Even if you have gotten a judgment, there is always a procedure for enforcement. So the question is, were those procedures followed? That remains a question of fact,” the lawyer told FIJ.

“Would the court have granted a court order against an unknown person or squatters, when the persons occupying the properties are well known to even the person claiming to be the owner of the house? Everything is wrong about the entire spectacle,” he added.

The lawyer said it was worrisome that security agencies backed the individual responsible for the unlawful demolition. He stressed that having a court judgment does not automatically justify tearing down a building, especially when the order does not expressly authorise the demolition.

Ogun maintained that even in cases where ownership of the building is not in dispute, one must still obtain the necessary permits from the state before carrying out any demolition.

“Even if nobody is contesting the ownership of your property, you are still obligated under the extant laws in Lagos to get approval from the authorities before you can demolish it,” Ogun explained.

On what this means for others, he said that property owners must remain vigilant.

“Eternal vigilance is key when it comes to Lagos. Without prejudice to the case at hand, people can obtain court judgments by fraud. And when I say fraud, it doesn’t necessarily mean that judges are bribed. It means that people sometimes conceal facts, material facts, from the court, or deliberately mislead the courts. We have seen this happen in Lagos. So, vigilance is key,” the lawyer said.

The lawyer said the state government must equally strengthen its systems to prevent similar incidents from happening again.

The Lagos State Physical Planning Permit Authority (LASPPPA) Regulations of 2019 made provisions for the processes that must be followed before a property can be demolished, per FIJ report.

The newspaper cites Section 5, sub-section D, of the regulations which reads, “Any developer who intends to demolish any existing structure shall apply in writing to the Authority for the issuance of a Demolition Permit as provided in Schedule 12 to this Regulation.”

It defines a developer as a builder, contractor, creator, pioneer and owner, and clearly states that no site with an existing structure shall be demolished in the State without a Demolition Permit granted by LASPPPA to remove the structure.