In light of the recent demolition of the property of the younger brother of Peter Obi, the 2023 presidential candidate of the Labour Party (LP), without the permission of the Lagos State Government, residents are concerned about the implications for other property owners in the state.
After Obi raised the alarm on the ‘lawless’ demolition on Wednesday, 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.”
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Omotoso also said a full investigation had been ordered to clarify the circumstances surrounding the demolition and ensure that necessary actions are taken.
When Obi shared details of the incident on Wednesday, he said those at the demolition site claimed to have a court judgment authorising the action. And when he asked to see it, he found that the court judgment they referred to was issued against an unknown person and squatters.
The purported court document circulating online is dated May 20, 2024. The ruling, delivered by a Lagos High Court, reads in part: “The claimant filed this suit on 6 June, 2023, to claim possession of 57, Oduduwa Crescent, Ikeja, on the ground that those in possession are squatting and are in possession without the consent or the contract of the Claimant.”
FIJ found that 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.
Section 5, sub-section D, of the regulations 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.
To understand if a court order can override the provision of the Lagos State Government, if a building can be demolished without official permission from the state and what this means for other property owners, FIJ spoke with Festus Ogun, a lawyer and legal consultant based in Lagos.
Ogun said that the matter should be approached dispassionately, starting with whether the referenced court order included any directive for the property to be demolished.
He noted that regardless of who owns a property in Lagos, one would still need approval from the relevant government agency before demolishing such a structure.
“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.
