Residents of 6th Avenue, Festac Town in the Amuwo Odofin area of Lagos State were recently affected by the demolition of over 600 houses and the partial demolition of about 700 others.
However, they have now secured a court injunction that restrains the Federal Housing Authority (FHA) and the Lagos State Building Control Agency from further demolition.
Engr. Samuel Ahmed, Martinson Realtors Investment Ltd, Alhaji Taoheed Amusa and Alhaji R. A. Balogun filed a motion ex parte seeking a pre-emptive order of injunction against the defendants (FHA and LSBCA).
Justice Omolade Jadesola Awope of an Ikeja High Court had on September 11, 2023 (sitting as a vacation judge at the time) issued the injunction in the suit marked ID/7396GCM/2023. The court ordered restraining the respondents from harassing; and threatening to demolish the properties at 6th Avenue, Festac town Amuwo Odofin local govt area in alleged enforcement of Town Planning Laws.
The court’s pre-emptive order of injunction restrains the first defendant/respondent, whether acting by itself or through its agents, privies, assigns, or any special task force, para-military officers, or otherwise howsoever described from demolishing or removing any building or property erected in 6th 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.
The claimants listed 10 grounds upon which the court granted the application, including that the instant suit was brought before the Honourable Court pursuant to act order of the Supreme Court in Appeal Ne: 8C.931/2007 delivered on (March 8, 2022, and re-initiated vide a Writ of Summons and statement of claim dated and January 26, 2023.
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In a 40-paragraph affidavit deposed to by Alhaji R. A. Balogun and Thaddeus Idenyi in support of the motion, the claimants stated that the suit was the subject matter of the property situated at Fesac Town, Amuwo Odofin Local Government Area of Lagos State, which is more particularly described on the Survey Plan No. KESII/L/)106 dated October 4, 1980.
The claimants stated that the defendant had entered into the land, the subject matter of this suit, and marked all the buildings erected thereon by the claimants, and their privies for demolition before the institution of the suit. The defendant had pasted demolition notices on the building erected on the land by the claimants and their privies.
The claimant said unless, by an order of the Honourable Court, the defendant will not refrain 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.
The respondents in the suit had threatened to carry out a demolition exercise on the land, the subject matter of the suit which is the outcome of this suit and foist a faith accompli on the court. The claimant averred that in the circumstance, it is in the interest of justice that the application be granted.
Meanwhile, in defiance of the court’s order, FHA disclosed a 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. FHA’s South-West Zonal Manager, Mr Akintola Olagbemiro, disclosed this during a visit to the affected area to assess the level of disregard for building codes and the environment. Despite letters and stakeholder meetings, the developers continued to build on the swampy land without meeting the specific requirements.
