Tag: demolishing

  • Court stops Army from demolishing homes

    Court stops Army from demolishing homes

    Residents of Mesiogo Estate at Akobo area of Ibadan, Oyo State capital, have obtained an Oyo State High Court order restraining the 2 Division from demolishing their homes or from doing anything that can threaten their peace pending the determination of the motion filed by the residents.

    The division, last week, took a bulldozer and other equipment to the community.

    It dug ditches in front of houses and created scenes, apparently to intimidate residents.

    While the Army insisted that the estate is on its cantonment at Ojoo, the residents said they never encroached on Army’s land.

    They produced survey papers showing that the estate is several metres away from the cantonment.

    The residents accused the Army of wanting to add Mesiogo to eight other communities, whose land the military reportedly encroached on.

    Many houses were marked for demolition a fortnight ago.

    In a suit at the State High Court II, Justice A. L. Akintola ordered an interim injunction restraining the Army from “trespassing, demolishing, disposing or further demolishing, disposing or further disposing or in any way interfering with the peaceful enjoyment of the first to fifth claimants’ parcels of land situate, lying and being at Mesiogo Hotel Estate, Alagbode Village, Bodija area, Akobo, Ibadan, Oyo State, pending the hearing and determination of the motion on notice for an order of interlocutors injunction already filed by the claimants/applicants”.

    The court adjourned hearing till November 8.

    Joined in the suit are: the Chief of Army Staff, Ministry of Defence, Col. Olabode, Warrant Officer Olukokun Nureni, Major Zamani and Captain Oyewale.

    The order was dated November 2.

  • Nasarawa to pay N100m for demolishing property

    The government of Nasarawa State has been ordered to pay N100 million as damages for demolishing a property belonging to Kinric Construction and Fabrication Company and its affiliate, HARPS Property and Investment Company Limited.

    Justice D.D Adeck, who gave the order, held that the government was to pay the money for aggravated damages for unlawful termination of contract, trespass and demolition of property.

    The companies filed a case against the state government at the High Court for unlawful demolition and destruction of developments on the proposed Kinric Commercial Park along Abuja-Keffi Expressway, Mararaba-Karu.

    Also joined in the case as co-defendants are the Attorney General/Commissioner for Justice, Usman Yusuf, and the KAPDA Property Company Limited.

    Counsel to Kinric and HARPS Property, Sebastine Hon asked the court to declare the invasion, demolition and destruction of his clients’ investments, despite the memorandum of understanding with Greater Karu Planning and Development Authority (GKAPDA), as unconstitutional, illegal, unlawful, null and void.

    Other demands included an order for the immediate right to repossess the property without any further interference or disturbance, as well as a refund of N898 million as full value for the development of the property.

    The lawyer told the court that his clients had a MOU incorporated by KAPDA Property Limited, in whose name a Right of Occupancy (R of O) issued on January 23, 2007 by the state, through the then GKAPDA, which later became Nasarawa State Urban Development Board.

    The MOU had leased to Kinric Construction and HARPS Property to develop for 25 years, the 23 hectares of land that belonged to KAPDA property, near the international market.

    But counsel to the state government, Solomon Ayenaje, said because Kinric and HARPS did not do anything substantial for more than two years after the execution of the MOU, including submission of building plans for approval, the government was compelled to order work stopped and subsequently terminate the contract.

    Justice Adeck ordered that Kinric and HARPS repossess the property and that N98 million be awarded to them as general damages, and another N2 million as aggravated damages against the defendants.

    An additional 10 per cent interest would be paid by the state on the N100 million.

  • ‘Why Delta won’t stop demolishing illegal structures’

    ‘Why Delta won’t stop demolishing illegal structures’

    Delta State Commissioner of Environment Chief Frank Omare was the guest at the maiden edition of the ‘Searchlight on the State of the State’ hosted by the Warri Correspondent Chapel of the Nigerian Union of Journalists (NUJ). He fielded questions from reporters. BOLAJI OGUNDELE was there.

    What alternative places have you made for those displaced (during the demolition exercise) considering the economic hardship and what are you doing about some of your men alleged to be collecting bribes?

    We cannot allow people to continue to block government roads because they are poor, because they don’t have the means to have shops. If we do, they will just take over the whole place.

    Abroad, we have open market on Sundays, we are not against that. But the culture of continuing to block our roads, we should discourage it in its entirety. Who is a poor man? We have provided markets, let them go into those markets and start trading. As soon as you enter Sapele, there is a market, but half of the market is a dump site, another half is abandoned.

    The issue of bribe, he who alleges must prove. Why did you give bribe? It is because you are doing something wrong. If one is giving bribe, we have the social media, you can snap us, as we are taking the bribe. We are going to comb round again before the structures will take over. So, when you are building a block store where we have removed a caravan, you will tell us who gave you that approval. We mustn’t promote sentiment. Government policies and ideologies are always minority ideologies. Let us know that what government has put in place on the long run is the majority ideology.

    Delta State Forest Reserve has been encroached by a lot of them. What the ministry wants to do by next week we are using the media to inform that all those forest reserves that have been encroached upon by Deltans and non-Deltans should be evacuated immediately. If you go to Sapele Forest reserve, it is as if government does not own a land there. Why should you be building on government property? If you go to Agbor, Asaba, it’s all over and I cannot fold my hands. I will take the bullets on behalf of you; Deltans and the government of Delta State. Government must make a decision and government must take a position.

    Garbage removed from the gutters is beginning to litter the main roads, defacing Warri, what are you going to do about it?

    Government is not a charity organisation, you generate waste, you dump them in front of your gutters and you are asked to evacuate them. You should be punished for doing that. Thank God the governor of Delta state has taken the bold step in the area of environment.

    Some of the affected victims of the 2012 flooding have complained that they have not been given anything. Is this correct and what is the Delta state government doing in respect of the recent flood predicted for the Niger Delta Region?

    We have swamp boogies in the Delta South and Central Area, opening channels to major rivers. That is why after one hour of heavy rainfall, you see that all areas are flowing. That is one serious area the state government has been working on in the past three years.

    Secondly, if the money doesn’t get to you as the community leader, you will claim that nothing has happened, it is not charity money. I know the Chairman of the committee, Rtd Justice Tabai and I can vouch that they have done a thorough job and have reported to the government of Delta state. I am sure and I am happy that my governor did not touch the money. He set up a committee and released the money to the committee.

    We understand that one particular ethnic group is more affected in the demolition of the royal cemetery. Is that true?

    I don’t know which ethnic group. I am an Ijaw man, I am not commissioner of Ijaw ethnic nationality, I am a Commissioner of Delta State and I am given an assignment of the Delta state government, so it can affect any ethnic group or the Nigerian society. The most important question is if what Omare-led team has done is against the law. If it is not then what is the issue? As a matter of government policy, my recommendation after the task work is that those people who have laboured government and used taxpayers’ resources be arrested and prosecuted.

    Uvwie market has become a recurring decimal, what are you going to do about it? The Jigbale market still remains and caravans are still around, can Warri be clean?

    The attitude of the people has propelled me to do what I should do. You are aware that overtime I have gone to the Uvwie market, if you want a financial quantification of what government has put in to clean that place, it is enough to build this house, and there will be change. But what has happened, the people are adamant. They say, ‘this is our culture, our tradition’, and thank God the paramount ruler of Uvwie and other prominent people of Uvwie have condemned their actions.

    There is what we call the helicopter factor; when there is problem and you have tried all you can and it keeps returning. When twenty women, claiming poverty as excuse, will be matched to the Okere High College (Okere Prisons), they will know that government is serious, but that is what government is trying to avoid.

    Please, I want you to educate and tell them, so that tomorrow, they won’t ask me, ‘did you tell them’? They should stop embarrassing the people of Uvwie. Uvwie people are clean people. I have been there on market days, when they see me, they behave, but when I’m not there, they come out. Jigbale market and caravans, we are coming.

    Is the task force only for demolition of illegal structures and street trading? In some places, we see traders using umbrellas, what are you doing about it?

    The position of the task force is not for only illegal structures, we cart away waste. It is sad that people are just wicked to the government. Ask this, the efforts of Omare and his team, are they not enough for people to behave well? We are putting structures in place, even though it is slow.

    Some persons have admitted to doing wrong against the environment.

  • Octogenarian accuses Ojora of demolishing property

    • ‘I know nothing of it’

    An octogenarian, Chief Fasasi Olorunlogun, has said he may sue the Ojora of Lagos, Oba Abdulfatai Oyeyinka Aromire, for the demolition of a building situated at No 7, Alhaja Adebowale Street, Orile, Lagos for contempt of court.

    The building is a subject of litigation between Chief Olorunlogun and Oba Ojora at a Lagos Magistrate Court presided by Magistrate Oyin Ogala.

    Oba Ojora has, however, denied involvement in the demolished building.

    Speaking through his counsel, Mr Niyi Ogunyemi, Chief Olorunlogun alleged that some men believed to be working for the traditional ruler on Thursday, January 24, 2013 pulled down the building despite the pendency of a suit challenging the ownership of the land in which the structure was erected.

    “This is unheard of. Those who carried out the act cannot claim ignorance of the fact that the matter is before the court. I do not know why they are in a hurry. They should allow the court to decide either way.

    “But one thing I can say is that we will never allow this go unpunished. Since this case started, a lot of illegalities have been perpetuated. But this is one illegality carried too far and we will not allow it go unpunished. I have my client’s instruction to file contempt charge against whosoever carried out this nefarious act and we shall wait to see to what the court will decide,” Ogunyemi said.

    The property at Alhaja Adebowale Street is one of four properties, which are at the centre of litigation before Magistrate Ogala. The others are situated at 3, Ogungbesan Street; 6, Alhaja Adebowale Street, and 33, Alafia Street, all at Orile, Lagos.

    However, reacting to the allegation, Muyiwa Kalejaiye, the media aide to the traditional ruler said the monarch did not authorise the demolition of the building or any other one whatsoever.

    Kalejaiye argued that Oba Ojora believes in the principle of law and does not take laws into his hand, adding: “It was his believe in the rule of law that made the Ojora family to wait for 37 years before they could get judgement from the Supreme Court of Nigeria on the disputed land.”

    Kalejaiye further stated that Ojora couldn’t have resorted to self-help when he did not toe that line during the 37 years the case lasted in court, adding that the occupants on Ojora’s family land are based on legal agreement between the two parties.

    “I do not know if the person who claimed to be the victim of demolition has any legal or valid legal title, C-of-O or any other legal authorisation for the occupation of that parcel of land. If he has, he should bring it forward so that necessary action could be taken,” he said.