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…Says it wasn’t served any court order
By Lukman Olabiyi
Lagos State Attorney General and Commissioner for Justice, Mr. Lawal Pedro, SAN, has denied allegations that the state government willfully disobeyed a subsisting court order by continuing demolition of houses in Oworonshoki, describing the claim as “false and unfair.”
In an interview with journalists, Pedro insisted that no order of court was ever served on any agency of the Lagos State Government before the latest phase of demolition took place, contrary to reports that the exercise violated a restraining order obtained by residents.
“As of today, I am aware of the court order they are talking about. However, before the demolition exercise they are complaining
about, the order was not served on any government agency. I believe the order was endorsed on Friday, October 24, the same day the demolition took place. Even if the
order was obtained that day, can a
government office be served on Saturday? As at that time, no government agency was
aware of any such order,” Pedro explained.
The Attorney General maintained that government agencies cannot act on “verbal notice” of a court decision, insisting that until
a formal service of process is made, the government cannot be accused of contempt.
“If there has been any order said to have been violated, my position is that no such order was brought to the attention of any government agency before the act being
complained about,” he stated.
Pedro criticized what he described as the misuse of court processes against public interest, saying many litigants have resorted to using the judiciary “as an instrument of
oppression” even when the government has shown leniency.
According to him, demolition in Oworonshoki began nearly a month ago but was temporarily halted on the directive of Governor Babajide Sanwo-Olu to allow residents time to relocate.
He disclosed that the government had compensated affected persons despite doubts about their legal ownership of the properties.
“The demolition started almost a month ago. It was stopped by the Governor’s directive, and the people were thereafter paid compensation to enable them to relocate. The case they are now referring to wasn’t even filed until recently even though they were aware of government plan of demolition over a month ago.
They only went to engage a
lawyer belatedly, possibly using the same compensation funds paid to them by the government to turn around and sue,” Pedro
alleged.
He confirmed that he had seen a copy of the interim injunction, which he said merely restrained further demolition, noting that it
was a pre-emptive ex parte order obtained without the government being heard.
“The order itself is to stop continuation of demolition, which shows that there had been
demolition before. It was obtained ex parte.
“The government was not in court, and we were not part of the proceedings before the order was made in breach of the principle of
fair hearing,” he said.
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Pedro added that as of the time of granting the interview, his office — which is listed as the first defendant in the suit, had not been
formally served.
“I was away in Akure for an official
assignment over the weekend, but I called my office to confirm. As I speak, no order has been served. If indeed there is an order, it
should be served on the Attorney General first. That has not been done,” he stated.
He further argued that residents alleging illegal demolition must prove ownership and compliance with building regulations before
claiming damages.
“None of the people condemning the government has bothered to ask whether any of the demolished properties had building
approvals. If you build without approval, the law is clear, such structures are illegal and
subject to demolition.
“But we always react
with sentiment and emotion, and then blame the government for enforcing the law, we should stop using the media to legalize or
justify illegality” he said.
The Attorney General cited recent cases of building collapse in the state as examples of why the government must act decisively
against illegal developments to prevent avoidable tragedies.
Pedro explained that part of Oworonshoki land is a government scheme, while a portion had been excised from acquisition to the
Oba’s family.
He said any building erected
within the government-acquired area without allocation or approval remains illegal.
“If the structures are within the excised land given to the Oba’s family, it would be wrong
for the government to enter. But if they are within the government’s scheme, then the government has every right to act. Anyone
claiming ownership must show title
documents and approved building plans,” he emphasized.
He described the public criticism of the demolition as “unfair and sentimental,” insisting that the state government acted within its powers and had not violated any valid court order.
“The government has not deliberately flouted any order. The narrative that we disobeyed
the court is false. What we are witnessing is an attempt to blackmail the government for
enforcing the law,” Pedro concluded.
The demolition of houses in Oworonshoki has sparked widespread outrage and confusion
among residents, some of whom insist that the state acted in defiance of a court injunction.
However, the Lagos State Government maintains that the exercise targeted only
illegal structures built without approval on government-acquired land and that due process, including payment of compensation,
had been followed before the operation.
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