A public interest Lawyer and scholar, Samuel Ihensekhien Jnr (Esq), has bared his mind on the demolition of some hotels by Governor Wike of Rivers State for allegedly flouting government’s directive as part of efforts to limit the spread of COVID-19 in the state.
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Ihensekhien Jnr who is a Senior Partner of Pathhlegal and Co said it is illegal for the Rivers State government to act pursuant to an Executive Order to destroy the properties of anyone.
He relied on section 5 of the Quarantine Act which states that “Any person contravening any of the regulations made under this Act shall be liable to a fine of N200 or to imprisonment for a term of six months or to both.”
Ihensekhien Jnr also cited the decision of the Court of Appeal in the case of FRN vs onah (2017) LPELR-43535(CA), where it was held that:
“While the sentence of the Court must be in accordance with that prescribed by the statute creating the offence, a Court cannot impose a higher punishment than that prescribed for the offence”.
According to Ihensekhien Jnr, by the provisions of sections 28(4) and 44 of the Land Use Act, “Governor Wike can only revoke a land or property after the ways as stated under the land use Act has been complied with and the standard there is adequate compensation, for overiding public interest and notice of revocation must be served on owner of building and in this case, such is absent.”
Ihensekhien Jnr also said in the case of faith okafor vs Governor of Lagos state. (2016) LPELR-41066 (CA) the court made it abundantly clear that the directive or order of a governor is not a law & that violation of same cannot result in criminal liability. “Gov Wike without no law backing him, actually committed flagrant breach of the constitution of frn, see section 44 of the Nigeria constitution.”
He also made reference to the case of FCDA vs Wuse Zone Property Development Limited (2014) LPELR- 3983 where the court stated that without adequate compensation, no land and or property can be demolished and acquired except after adequate compensation and for overiding society interest. He concluded.
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