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B N W: Biafra Nigeria World News |
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Govt to destroy illegal structures on highways
THE Federal Ministry of Works has completed plans to demolish the property of individuals and corporate organisations which are situated on right of ways (ROWs) on federal highways in the country.
Already, the Minister of Works, Senator Adeseye Ogunlewe, has directed all federal controllers of works nation-wide to re-verify property that are within the distance, which constitutes the ROW.
He has also appointed special implementation's assistants who are now working with the controllers on the re-verification.
In Lagos State alone, officials of Federal Ministry of Works have visited thousands of such property.
Some companies, which own such property confirmed to The Guardian invitations and visits by officials of the ministry.
The letter of invitation signed by Alhaji Abayomi Oyekola, for the Federal Controller of Works, Lagos State, to owners or operators of the outfits, was titled: "Encroachment on federal highways right of way. It has been observed that you have encroached on the federal highways right of way, contrary to the provisions of Highway Act Cap 135 of 1990."
Apart from corporate bodies, there are hundreds of files containing correspondence on the matter between the ministry and owners of private structures on ROW.
The ministry has begun to despatch quit notices to some of the occupiers. The letter ended with a warning that the ministry might resort to forceful eviction.
In an interview, Oyekola said the re-verification was to check abuses ROW had been subjected to nation-wide. He said that in the master plan, most of the highways were designed to have as many as 10 lanes.
To buttress this, he provided a photocopy of a portion of the Highway Act of 1971, which empowers the minister to order the exercise: "These regulations shall apply in respect of all federal highways. No person shall create obstruction within 45.72 metres of the centre line of any federal highway. An officer authorised in writing by the minister may cause any building or part thereof, which has been created or is being created within 45.72 metres to be pulled down or removed."
On why the implementation of the law should be now, the special assistant referred to two actions of the Lagos State government, which he described as prompting the Federal Government into action.
He cited a judgement of the Supreme Court of June 13, 2003 in a suit by the state government against the Federal Government over a parcel of land on Osborne road Ikoyi, Lagos.
The court ruled had in favour of the Federal Government. He also cited what he called an image damaging statement by the state government, who labelled some bad roads in the state as being owned by the Federal Government. However, "when these roads were repaired, the state Governor, Bola Tinubu sent his men there to collect revenues."
The aide said, before these actions, the federal highways and adjoining areas (ROWs) were left to the states to manage under an agreement that all revenues would be shared with the Federal Government on a 50-50 basis.
He referred to the Federal Highway Act of 1971, Cap 135, which says: "The Federal Government may, subject to the provisions of this Act, delegate to the government of a state, in respect of traffic on federal highways all or any of the powers and such powers may be further delegated by the government of a state to any local government within that state."
Besides, the ministry's officials have measured the occupied land to know the square meters encroached upon. Each square metre attracts between N300 and N500.
One of the companies visited and measured by officials of the ministry will pay about N350,000 yearly to the Federal Government as rent, apart from what it is paying to the state and local council.
However, a senior manager in one of the companies said whatever was the new rent to be paid would be borne by members of the public who would have to buy their products at higher prices.
The National president of the National Association of Chambers of Commerce, Industries, Mines and Agriculture (NACCIMA), Chief John Odeyemi confirmed to The Guardian the Federal Government's plan to build more lanes on Oshodi-Apapa Expressway and some other highways across the country. His firm J.K.N. on Oshodi Apapa Expressway is one of the property visited and deemed illegal by the Federal Ministry of Works.
"The ministry is conducting this exercise (re-verification) to prepare ground for the planned road expansions by the government," he said.
Odeyemi said his association whose members, he said, would be affected by the exercise will dialogue with the Federal Government on how to reduce the impact and pay compensation where necessary.
He, however, cautioned that anybody or companies who built on ROW could not expect compensation from government, as the removal of their structures was the penalty for flouting the law.
Goke Owamoboye, a chartered estate surveyor and property valuer, estimated the cost of the property to be lost in the exercise in Lagos, at several billions of naira.
He warned that enforcing the ROW law would not only adversely affect the property industry, but will hurt the economy.
Deji Juba, a property lawyer berated the 1971 Act on which the ministry was acting, saying "it was part of arbitrariness of the military in lawmaking. If it were under a democratic dispensation, such a law could not have been passed without people making a corrective input through public hearing. I expect the National Assembly to amend the Act".
Juba said that since the Act did not provide for collection of dues from owners of such structures, it was illegal for the ministry to contemplate it now.
Odeyemi said that the J.K.N. house built since 1978 had valid papers processed at all levels of government.
Owumoboye and Juba believe that some former and present government officials had questions bordering on corruption to answer on the approval granted owners of the allegedly offending property.
The Lagos State Government advised affected individuals and companies to take the Federal Government to court to stop the action.
The state Commissioner for Physical Planning and Urban Development, Mr. Hakeem Gbajabiamila said Ogunlewe denied that the exercise was being carried out when he was approached for clarification.
The commissioner said it was illegal for the Federal Government to convert such structures to sources of revenue.
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