FESTAC TOWN – Following the recent demolition of over 600 houses and partial demolition of about 700 others, the residents of 16th Avenue, Festac Town in the Amuwo Odofin area of Lagos State, have acquired a court restraining order against the Federal Housing Authority (FHA) and the Lagos State Building Control Agency.

In a motion ecparte by the cliamants/applicants; Engr. Samuel Ahmed, Martinson Realtors Investment Ltd , Alhajia Taoheed Amusa and Alhajia R. A. Balogun, seeks a pre-emptive order of injection against the defendants (FHA and LSBCA).

The motion with Suit No. ID/7396GCM/2023, dated Sept 7, 2023, was brought before Justice O. J. Awope of an Ikeja High Court (sitting as a vacation judge as at the time) on Sept. 11, 2023.

Recall that the matter, brought before the Federal High Court and later Appeal Court was ruled in the favour of the complianants but the Supreme Court referred the matter to be heated in the Lagos State High Court as per jurisdiction.

Accordingly, the judge gave the order, after a 40 paged affidavit date Sept. 7, deposed by the fourth defendant, Alhaji R A. Balogun and Thaddeus Idenyi, for the cliamants, moved in terms of the motion papers.

Awope, thereafter, ordered a pre-emptive order of injunction restraining the first defendant/respondent whether acting by itself or through its agents, privies, assigns or any special taskforce, para-military officers or otherwise howsoever described from demolishing and/or removing any building or property erected in 6″ Avenue Festac Town or in any other part of Festac Town in alleged enforcement of ‘Town Planning Laws pending the Applicants’ compliance with the Lagos State High Court Practice Directions No. 2 of 2019 on Pre-action Protocol.

“A pre-emptive order of Injunction restraining the first defendant/respondent whether acting by itself or through its agents, servants privies, assigns or any special taskforce, para-military officers or otherwise howsocver described trom further harassing, disturbing and/or threatening to demolish the Claimants’ buildings of properties erected in 6” Avenue, Festuc Town, Amuwo Odofin Local Government Area in alleged enforcement of town planning laws.

“And for such further order or other orders as this honourable court may deem fit to make in this circumstance of this matter.”


Recall that some of the 10 listed grounds for the application included; The instant suit was brought before the Hunourable Court pursuant to act order of the Sapreme Count in Appeal Ne: 8C.931/2007 delivered on the (March 8, 2022 and re-initiated vide a Writ of Summons and statement of cliams dated and filed at the registry of this Honourable Court on Jan. 26, 2023.

Also, the suit relates to the property situate at Fesac Town la Amuwo Odofin Local Gevernmem Area of Lagos State which ls more particularly described and delineated on Servey Plan No. KESII/L/)106 dated October 4, 1980,

The third being that during the pendency of this suit, the defendant in disregard for the process of the Honourable Court entered into the land subject matter of this suit and marked all the buildings erected thereon by the Cliamants and their privies for demoliion on the basis of alleged violation of the defendant’s own planning laws which is premised on the defendant’s alleged ownership of the land subject matter of this suit.

Fourth, further to the above, the defendant has equally pasted demolition notices on the building erected on the land by the Cliamants and their privies prior to the institution of this sult.

Fift, the defendant’s claim of ownership and the basis on which the alleged demolition notices were pasted is subject matter of the instant suit.

Sixth, in view of the threatened demolition of buildings to the claimants and their privies on the land subject matter of this suit, the claimants have now filed a Motion Exparie dated the September 7, 2023 alongside an eight Mation on Notice dated the September 7, 2023.

Seventh, uniess by an order of the Honourable Court, the defendant will not reframe from their intended demolition of the claimant’s properties on the Land subject matter of this suit to the detriment of the Claimants and their privies.

Eighth, it has therefore bocome expedient that the said applications filed by the Cliamants seeking the intervention of the Honourable Court be heard expeditiously during the on-going long vacation of the Honourable Court.

Ninth, having regards to the claims in this suit, the demolituon exercise threatened to be carried out on the land subject matter of this suit by the defendant will affect the outcome of this suit and foist a fatr accompli on the Honourable Court.

Thenth, in the circumstance, it is in the interest of justice that this Application be granted.

Recall that earlier in November, the FHA disclosed plan to demolish 677 houses and 744 others will be partially demolished over infringement by a developer in Phase 2, Festac Town, Amuwo-Odofin area of Lagos State.

starconnectmedia.comNov 29, 2023 2:37 PM

Let the wailing begins

Lagos is Congested LASG can design some New Towns along the New Araromi Corridor with the Newly Built Road and allocate Land to People willing to build there under strict supervision
The LASG should also start running regular BRT Buses and Ferries along the same Route

People in government are stupid. Why demolition? I think they should demolish Eco Atlantic city because it would interfere with natural flow of ocean. There are always alternatives to every problem.

Don't mind the visionless leaders that are self serving. We are talking about housing deficiency in Nigeria they can not build and they're busy demolishing the ones built by had working Nigerians

joyandfaith:
People in government are stupid. Why demolition? I think they should demolish Eco Atlantic city because it would interfere with natural flow of ocean. There are always alternatives to every problem.

See the name of those asking court to stop demolition,check those stupid people that will be crying that their destroying their imaginary mansion

Just dey play

dominic17:
Don't mind the visionless leaders that are self serving. We are talking about housing deficiency in Nigeria they can not build and they're busy demolishing the ones built by had working Nigerians

Waste of time, the law was broken, so you receive punishment for breaking the law, put your sentiments aside.

Poor ignorant person like you @ the bottom of the ladder, go the audacity to call your boss @ the top visionless?

Wouldn’t blame a peasant like yourself in his illusion, Typical poor man mentality.