His
Excellency Babatunde Raji Fashola (SAN),
Government
House,
Alausa,
Ikeja,
Lagos
State.
Your
Excellence,
OPEN LETTER
DEMAND FOR COMPENSATION FOR THE DEMOLITION OF
LANDED PROPERTIES ALONG BADAGRY EXPRESSWAY MAZA MAZA, ABULE –ADO
APPEAL
FOR URGENT INTERVENTION
The
above subject matter refers.
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 situate 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. FESTUS AFEYODION, ESQ.
Counsel Assistant
Head of Chambers
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