Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has strongly criticized the Lagos State Government for continuing with the demolition of buildings in Oworonshoki despite a court order restraining the action.
Falana described the demolition as a breach of the Nigerian Constitution and an act of contempt of court.
The demolitions reportedly occurred in the Coker and Ojulari areas of Oworonshoki at midnight on Saturday, shortly after the state government had assured residents of compensation. Officials stated that the operation targeted illegal structures built on drainage channels and road setbacks as part of the state’s urban renewal initiative.
Speaking during an interview on Arise Television on Friday, Falana condemned the late-night operation, calling it unlawful and contrary to due process. He explained that Section 43 of the 1999 Constitution guarantees every Nigerian the right to acquire and own property anywhere in the country.
He said, “None of the provisions of Chapter Four of the Constitution can be violated or breached by the government without following due process. When it comes to demolitions, there are provisions of the law. In Lagos, you have the Urban and Regional Planning Law; in Abuja, you have the Urban and Regional Planning Act. Both laws provide for statutory notices, complaint bodies, and appeal committees that can order demolition.”
Falana emphasized that no governor or minister has the authority to order demolitions without a court ruling. “No governor, no minister has the power under the current constitutional arrangement to decide that a building has not complied with certain provisions of the law and then order its demolition. You have to go to court to prove that the owner has violated the law. The court would then determine whether the demolition should proceed,” he added.
According to him, some affected residents who had yet to be compensated approached his law firm, which secured a restraining order from the Lagos State High Court.
“On Thursday last week, the court granted an order that no further demolition should take place until the matter is properly heard. By Friday, certified true copies of the order were served on the appropriate government agencies and officials. However, on Saturday night, in the dead of the night, bulldozers invaded Oworonshoki. When I got the information, I contacted government officials and reminded them that the court order had been served, but one of them told me, ‘We are going to do it, and heaven will not fall,’” he stated.
Okay News reports that the Lagos State Government has, however, denied disobeying any court order regarding the Oworonshoki demolitions. The Commissioner for Information and Strategy, Gbenga Omotoso, maintained that the exercise was part of efforts to restore the area’s environmental integrity.
He added that the demolition affected only illegal structures and that the state government would never disregard valid court orders.