A preliminary objection challenging the Lagos state high court’s jurisdiction in hearing a suit filed by Mr Adekoya Akinwunmi and his wife, Ayoola, over the alleged illegal demolition of their property has been dismissed.
According to the claimants, the Lagos State Commissioner for Physical Planning and Urban Development, Dr Idris Salako and three others over illegal demolition of their four-terrace building situated at No 9 Arowolo Adeyemo Avenue, Millennium City Centre Estate, Oke-Alo, Gbagada, Lagos State,
Other respondents in the suit include the Permanent Secretary Abiola Kosegbe, the Ministry of Physical Planning and Urban Development, and the Attorney General and Commissioner for Justice, Abubakar Malami. While objecting to the claimant’s argument, the defendants questioned the court’s jurisdiction to hear the case.
They contended that the claimants should have exhausted the statutory administrative remedies set out in the Lagos State Urban and Regional Planning and Development Law, 2019, before filing the suit.
While ruling on the preliminary objection, Justice Yetunde Pinheiro held that the claimants had invoked correctly the court’s jurisdiction, adding that the court has general jurisdiction to hear any aggrieved citizen.
The Judge stated that the factual situations were not in doubt based on the evidence presented in court, noting that the claimants were told that the only person who could stop the demolition was Mrs Uzamat Akinbile-Yussuf, a former Lagos State Commissioner for Tourism, Arts, and Culture.
Upon contacting the former Commissioner, she allegedly made an adverse claim of ownership of the land and threatened that “whatever the Claimants built on the land would be demolished.
The judge said, “I can tell you as an insider of Lagos State that even if you build a story house, it will be demolished and flattened.
“I have found 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.” Subsequently, the court dismissed the preliminary objection by the Lagos state government.
