Open letter to the Governor of Lagos State
There
was an open letter directed to, the Governor of Lagos State, on the
on-going call for ‘compensation’ over demolished properties dating back
to 2008, along the Badagry Expressway Maza Maza, in Abule-Ado. The
letter, issued to members of the press, and which SaharaReporters also
obtained, is an extraordinary call for ‘intervention’ on the part of a
group of attorneys and elected officials.
That document appears below, and is re-produced in full:
We are Solicitors to the Landlords Association of Badagry Expressway,
Maza Maza, Abule-Ado (hereinafter referred to as “our client”) on whose
behalf we write to you.
Sir, our clients are the owners of the Demolished Landed Properties
situated at the above address with valid title documents and had been in
exclusive possession of the vast area of land since time immemorial
exercising maximum acts of ownership and enjoyment without interference.
However, on the 15th day of April, 2008 while exercising your
authority and power of Revocation of Rights of Occupancy conferred upon
your Excellency by Section 28 (1) and (6) of the Land Use Act 1979, our
client titles and interest in the said land and properties were
accordingly revoked by virtue of a Public Notice with Ref No:
AMOS/POMO/CN027 to give way for the expansion and construction of the
Ten (10) lane Road Network along the Badagry Expressway for overriding
public interest.
Pursuant to the said Revocation Notice by you Excellency, our clients
properties and lands running into several Billions of naira were
demolished by the Lagos State Ministry of Physical Planning and Urban
Development in August, 2012 for the said project which construction work
had since began and had reached an advanced stage of completion.
However, before the said demolition exercise you Excellency did
promised to adequately compensate all the affected property owners at
your public speech heralding the ground breaking ceremony at the site.
Our client were accordingly requested to present their documents to the
Ministry of Physical Planning and Urban development for the immediate
processing of said compensation which they did, with evidence of
receipt and acknowledgment of same.
Unfortunately, after more than two (2) years our clients are yet to
receive any penny in fulfillment of your earlier promise to the people
at the opening and ground breaking ceremony. Despite several letters,
pleas, meetings and assurances from your office and the relevant
authorities i.e the Ministry of Physical Planning and Urban Development,
Ministry of Justice and the House Committee on Physical Planning and
Urban Development of the Lagos State House of Assembly, nothing has been
forthcoming.
At the last meeting held on the 13th day of February, 2014 at the
Lateef Jakande Hall of the Lagos State House Of Assembly which was
presided over by the Chairman of House Committee on Physical Planning
and Urban Development with the Honourable Member representing the
affected Constituency in attendance. After much deliberations and
investigation it was revealed that the affected communities were divided
into 3 Lots for the purpose of payment of the said Compensation and
that Lot 1 and 2 have all been paid their due Compensation leaving out
our clients who fell within the 3rd Lot covering Maza-Maza to Okokomaiko
axis. At the said meeting it was also discovered that one Mr. Ogunbo
and Mr. Tokunbo of the Ministry of Physical Planning and Urban
Development were saddled with the responsibility in overseeing the
payment of the said Compensation.
Surprisingly, every attempt at assessing the said Compensation from
the relevant authorities has been met with several brick walls.
Sir, It will interest you to note that most of our clients whom are
retirees and bread winners of their families have passionately served
their father’s land in different capacities both in the private and
public sector. These same individuals have continued to suffer untold
hardship and psychological trauma due to the lose of their life long
earnings and investment as a result of the demolition of their
properties while some have died in the process of waiting for their
legitimate entitlement that would have help in ameliorating their
sufferings.
Sir, It is pertinent to state here that the primary aim of any
government is to provide basic infrastructure and amenities to its
people which informed the acquisition of the said land and properties in
the first place in line with the statutory provision of overriding
public purpose which your government has passionately pursued with all
vigor judging from the massive infrastructural development in the State
for the past seven (7) years of this administration.
However, it will be needless to go into the legal semantic of the
propriety or otherwise of the Constitutional and statutory right to
revocation and acquisition of land by the government for overriding
public purpose but suffice to state here that such right carries with it
the correlative duty and responsibility of the prompt payment of
Compensation to the affected individuals or communities and our client
cannot be denied such right as to do so will no doubt amount to a
fundamental breach of their inalienable right as enshrined under Section
44 of the 1999 Constitution as amended.
Thus, we believe that your government will continue to keep tap to
its Constitutional duties and responsibility to our client as it is
known to always do in such cases to deserving citizens who have
sacrificed their life time investments for the overall good of the
government and people of Lagos State.
We therefore, humbly urge your Excellency to use your good office to
intervene and prevail on the relevant person(s) or authorities to
release the said Compensation to our client in the interest of peace,
justice and fairness so as to avert a situation that may lead to break
down of law and order or sabotage thereby impeding the smooth
completion of the ongoing project as the youths most of whom are now
displaced and homeless are currently running out of patient.
We look forward to a favorable and prompt response from your Excellency.
Yours sincerely,
FOR: FESTUS KEYAMO CHAMBERS
TERFA MARK ANATA, ESQ., Counsel
