Why FCT High Court voided demolition notice of Recreation Park

An FCT High Court has set aside the demolition notice issued to Evelyn Even Gardens Nig Ltd for being null and void.

Justice Jude Okeke had in June set aside the demotion notice issued against the recreation park development because it violated the provisions of Section 7(1) of the Federal Capital Territory Act.

The judge issued a restraining order of injunction restraining the defendants, Hon. Minister, Federal Capital Territory, Federal Capital Development Authority and Federal Housing Authority, against demolition of Evelyn Gardens “or interfering with its possession of or title thereto.”

“In Section 27(1) of the Act, it is provided that: the board shall respectively establish a department to be known as a Development Control Department which in sub-section 3 shall have power over development on federal lands and estates,” Justice Okeke said.

“That the states shall have power over the development on state lands. The Nigerian Urban and Regional Planning Act, which is a federal enactment specifically made to guide establishment of Development Control, having enabled the 3rd Defendant (FHA) it established its own Department of Development Control. It stands to reason that the 3rd Defendant (FHA) is not bound by it.”

Evelyn Gardens had filed the suit after it was served with a notice for demolition on its Plot No 2, 3rd Avenue Gwarinpa (FHA) Estate Cadastral Zone C18 Bunkoro District, for allegedly being erected without requisite legal approval.

The FCDA had also demanded the sum of N1.2m being the amount it will cost it to remove the said illegal structures, and another N50m against Evelyn Gardens for the inconvenience caused by the plaintiff’s action.

But the management of the park said it obtained the requisite allocation, development plan and approvals and paid the necessary fees before embarking on the development in November 2013.

Officers of FCDA on May 3, 2014 issued demolition notice, giving Evelyn Gardens only 24 hours to remove the structures on the land instead of 21 days stated in the demolition notice.