Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has alleged that the Lagos State Government went ahead with the demolition of at least 100 properties in Oworonshoki despite a subsisting restraining order issued by the court.
Last Thursday, Justice Adegboyega Balogun of the Lagos State High Court granted an interim injunction stopping further demolition of properties in parts of Oworonshoki after affected residents complained that they had not been compensated.
The order restrained the state government, its officials, agents, and contractors from continuing with demolition or creating any third-party interests over properties located on Ojileru Street, Ososa Extension, and Toluwalase Street within the Itesiwaju Ajumoni Community Development Area (CDA).
However, Falana stated that the Lagos State Government proceeded with the demolition in violation of the court order, an action he condemned.
According to the senior lawyer, the demolition exercise displaced numerous families and resulted in the destruction of not less than 100 properties.
“In flagrant breach and contempt of the subsisting court order and upon the service of the court order on them, the defendants mobilised over 50 armed policemen and thugs who fired teargas throughout the night to disperse those protesting the demolition and proceeded to commence a fresh demolition,” the statement read.
“The demolition, which was carried out in the dead of the night, has led to the destruction of not less than 100 properties, with many families displaced. The action of the demolition squad was not authorised by any court.
“The action of the demolished squad is a sad reminder of the aggravated contempt committed by the Lagos State Government, 39 years ago, in the celebrated case of The Military Governor of Lagos State & Ors. v. Chief Emeka Odumegwu Ojukwu & Anor. (1986) 2 NWLR (PT 18) 621, where the Supreme Court set a precedent against disregard for due process and the rule of law. Notwithstanding that the country was then under a military junta, the Supreme Court deprecated the action of the Lagos State Government in defying a court order and resorting to self-help.”
Falana further argued that such actions undermine the integrity of the judiciary and rule of law.
“For making a mockery of the rule of law, Obaseki JSC of blessed memory had this to say: ‘In the area where the rule of law operates, the rule of self-help by force is abandoned. Nigeria, being one of the countries in the world, even in the third world, which proclaims loudly to follow the rule of law, there is no room for the rule of self-help by force to operate. Once a dispute has arisen between a person and the government or authority, and the dispute has been brought before the court, thereby invoking the judicial powers of the state. it is the duty of the government to allow the law to take its course or allow the legal and judicial process to run its full course.’”
Falana maintained that the government’s actions displayed disregard for due process and amounted to contempt of court.
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