Illegal Demolition: Court Dismisses Lagos State’s Application Challenging Jurisdiction

A Lagos State High Court has dismissed the preliminary objection filed by the Lagos State Government, challenging the court’s jurisdiction in hearing a suit filed by a couple; Adekoya Temitope Akinwunmi, and Ayoola Akinwunmi over the alleged demolition of their property situated at  No 9 Arowolo Adeyemo Avenue, Millennium Citi Centre Estate, Oke-Alo, Gbagada, Lagos State.

Adekoya Temitope Akinwunmi and his wife Ayoola had in a suit delineated ID/8178/GCMW/21filed by their lawyer, Mr G.O Odimayo accused the Lagos State Commissioner for Physical Planning & Urban Development, Dr Idris Okanla Salako, Permanent Secretary, Physical Planning & Urban Development, Engineer Abiola Kosegbe, the Lagos State Ministry of Physical Planning & Urban Development, and the Attorney General, and Commissioner for Justice of illegal demolition of their four terrace building.

However, the defendants in their preliminary objection dated February 4, 2022, challenged the jurisdiction of the court to entertain the suit because the claimants failed to exhaust the statutory administrative remedies contained in the Urban and Regional Planning and Development Law of Lagos State, 2019 before the commencement of the suit.

The defendants through their lawyer, B.T Fasayegbe argued that the claimants’ suit is incompetent and that the court lacked the jurisdiction to entertain it.

Ruling on the preliminary objection, Justice Yetunde Pinheiro held that the claimants have properly invoked the jurisdiction of the court, adding that the court has unfettered jurisdiction to entertain any aggrieved citizen.

“I have earlier found that several petitions had been written to the defendant for which no response was received. Not even the pre-action Memorandum of Claim was responded to, I have also found that by the operation of SECTION 81 (a), (c) and (f) any person inclusive of the Defendants (upon receipt of the correspondence of the Claimants) could have initiated the Appeals Committee process. It would be standing the law upside down to hold otherwise.

“Consequently, the failure of the defendants themselves to refer those petitions and trigger an Appeals Committee process under Part 7 of the Law must be construed against them. By the clear intendment of Section 6 (6) of the 1999 Constitution, the unlimited Jurisdiction of this court is unfettered as regards any aggrieved citizen.

“Further, it is my view and I so hold that this case does not fall within the purview of complaints envisaged under Section 89 (2), the claimants having written several letters, attended the offices of the defendants as requested by them without being attended to; and by the provisions of Section 82 (a), (c) and (f), the defendants themselves have failed to refer those complaints to an Appeal Committee whose Secretariat by Sections 80 (xi) and 88 is still within the same Ministry and/or Civil Service. All told, I find this application lacks merit, the claimant has exhausted the administrative remedies, and the jurisdiction of this court has been properly invoked. The objection fails and must be dismissed. I so hold,” the judge held.

The judge further stated that from the facts presented before the court, the factual situations are not in doubt.

The Claimants had in their statement of Claim dated September 23, 2021, averred that they paid all levies charged into the Lagos State Government account and the original copies of the payment receipts were submitted to the third defendant.

The Claimants stated that the third defendant approved the Building Plan and issued a permit with No: PRV/2021/31 /KS/DO in respect of the proposed residential ‘ buildings at No. 9, Arowolo Adeyemo Avenue, Millennium Citi Centre Estate, Oke-Alo, Gbagada, Lagos State.

They stated that they commenced the construction of the four terrace buildings on the parcel of land having obtained the Building Permit from the third defendant, adding that they applied and obtained safety compliance approval in respect of the said property from the Lagos State Safety Commission after paying all the levies charged by the said commission.

The Claimants averred that at every stage of the building under this suit, construction, the Lagos State Materials Testing Laboratory carried out tests and approved the quality of the jobs done and all the necessary fees were paid by the Claimants into the coffer of the Lagos State Government in respect of the property.
 
The Claimants stated that the demolition of the four terrace houses by the Defendants is illegal, unlawful and against the law.