…despite order, FHA insist on demolishing 677 houses, 744 others to be partially demolished
Ikeja High Court has restrained the Federal Housing Authority (FHA) and the Lagos State Building Control Agency (LASBCA) from further demolition of buildings in the Sixth Avenue area of Festac Town in Amuwo Odofin.
Justice Omolade Jadesola Awope ruled on an application by Samuel Ahmed, Martinson Realtors Investment Ltd, Alhaji Taoheed Amusa and Alhaji R. A. Balogun.
They sought a pre-emptive order of injunction against the defendants.
Justice Awope, in the suit marked ID/7396GCM/2023, restrained the respondents from harassing or demolishing the properties on the basis of enforcing town planning laws.
The court restrained the first defendant/respondent whether acting by itself or through its agents, privies, assigns or any special task force from demolishing and/or removing any building or property on the avenue.
The order followed a motion ex-parte brought under Paragraph 4 (1) of the Practice Direction No 2 of 2019 on the Pre-action Protocol.
In a 40-paragraph affidavit deposed to by Alhaji Balogun and Thaddeus Idenyi in support of the motion, the claimants stated that the issue was in court, adding that the subject matter of the suit is described on the Survey Plan No. KESII/L/) 106 dated October 4, 1980.
The claimants stated that during the pendency of the suit, the defendants entered into the land and marked all the buildings for demolition based on alleged violation of the town planning laws.
The residents averred that the defendant’s claim of ownership and the basis on which the alleged demolition notices were pasted is the subject matter of the suit.
The claimants said unless restrained, the defendants may carry out their threat to the detriment of the claimants and their privies.
They urged the court to hear the application expeditiously during the ongoing long vacation.
The court granted the application on September 11.
Despite the order, the FHA this month announced a plan to demolish 677 houses, while 744 others will be partially demolished over infringement by a developer in Phase 2 of Festac Town.
FHA’s South-West Zonal Manager, Mr Akintola Olagbemiro, issued the warning during an assessment visit to the affected area.
He said despite letters and stakeholder meetings, the developers continued to build on the swampy land without meeting the specific requirements.
