Court restrains police, others from demolishing Lagos community
By Ibe Uwaleke,
Judicial Correspondent
A LAGOS High Court has restrained the police from ejecting residents of Itedo-Lekki community, a suburb of Lagos as part of plan to demolish the area.
Some policemen were drafted to the community two weeks ago where they handed a two-week ultimatum to the residents to quit their houses to pave way for the onslaught.
The residents, who claimed to have lived in the community for 108 years after their fore-fathers secured the place in 1896, ran to the court to seek its intervention by stopping the planned demolition as they have no other place to go to if they are ejected from their natural environment.
The court indeed intervened as the judge, Justice Z. A. Ashiyanbi, directed that the grant of leave sought by the plaintiffs should operate as a stay of action on matters relating to the complaint of applicants until the determination of the suit brought by the community.
Specifically, the order is restraining the Assistant Inspector General of Police (AIG) Zone II, Onikan Lagos, the Commissioner of Police (CP), Lagos State, one John Messiah Ogunyemi, Bela Vista Property Development Limited and one Alhaji Bello from carrying out the plan.
The community came to court through their leaders, including Rev. Apostle Zebulon Harrison Ikuegbowo, Oduwole Ogunsade, Apostle Aseph Megba, Topia Orale and Sanmi Jethro Harrison.
The applicants' motion was moved by Mr. Ebun-Olu Adegboruwa, their counsel.
They further prayed the court to declare that the defendants have no right to destroy, damage or demolish the houses, shops and offices of the community's residents in violation of their fundamental human rights guaranteed under Sections 39, 42, 43 and 44 of the 1999 Constitution and Articles 4, 5, 6, 9, 12 and 14 of the African Charter on Human and People's Rights.
They asked the court to declare that the respondents have no right to violate their right or cause them to lose their property, adding that they are entitled to continue to enjoy their habitation in the community despite the threat by the respondents and their agents to eject them from their houses.
In the application, the plaintiffs also asked the court to award them N100 million against the respondents to serve as special, aggravated, punitive and general damages for the attempt on violation of their rights and for disturbing their freedom and liberty.
Justice F. Atilade of the same court has also granted the residents leave to apply for declarative and injunctive relief against Bela Vista Property Development Limited and Julius Berger Nigeria Plc. over their alleged role in acquiring and sand-filling the disputed area.
In the application, the inhabitants are praying the court to declare that the sand-filling embarked upon by the respondents is inimical to the lives, homes and houses of the people and a flagrant violation of their fundamental rights and as a matter of fact, they are entitled to remain in the said land without threat of flooding, damage or annihilation as being posed by the activities of the respondents.
While Justice Atilade adjourned the matter before him to July 26, 2004 for hearing, Justice Ashiyanbi moved the one before his court to July 27, 2004 also for hearing.
