Former Borno Central Senatorial Candidate Sues State Govt Over Demolition Of Shopping Mall

The demolished property is a four-story commercial shopping complex and a multi-purpose hall located on Sir Kashim Ibrahim Road, opposite the state low-cost housing estate in Maiduguri.

Speaking through his lawyer and human rights activist, Hamza N. Dantani Esq. of Kayode Ajulo & Co. Castle of Law, Garki-Abuja, Hon. Attom Magira, who is a law-abiding citizen, has sought the protection of the court as the last hope of the common man by instituting legal proceedings at the Borno State High Court in Alhaji M. Attom Magira v. Borno State Urban Planning and Development Board (BOSUPDB); Suit No. BOHC/MG/CV/8/2025, to prevent the unlawful demolition of his property until the court decides whether or not he breached any town planning regulations.

He alleged that the demolition exercise was orchestrated by the Borno State Government under the direct instruction of the current administration, led by Governor Babagana Zulum.

Although the Borno State Government has not officially made public the reason for carrying out the exercise, our correspondent observed that this demolition was not the first of its kind, as the government has previously demolished illegal structures and residential buildings in the public interest.

However, the human rights lawyer stated:

“The demolition of my client’s plaza is not just an attack on one man’s investment but a blatant disregard for the rule of law, judicial authority, and the economic future of Borno State.

“This brazen act, driven by political vendetta rather than lawful governance, exposes the alarming level of impunity that has become the trademark of the present administration.

“Hon. Attom Magira is the lawful owner of the property described above, having been granted a statutory right of occupancy over the land and having duly obtained all necessary permits from the relevant state government agency, the Borno State Urban Planning and Development Board (BOSUPDB).

“In compliance with all applicable laws, he paid all required fees and was issued development permit No. BSUPDB/DC/2194 for his statutory right of occupancy No. BO/86138. Interestingly, during the entire construction phase of the property, BOSUPDB never raised any concerns about town planning violations.

“Beyond personal gain, Hon. Attom Magira’s investment was a source of livelihood for many people in Borno State, employing indigenes and residents in various capacities during construction and providing commercial space that would have boosted local businesses. In a state ravaged by Boko Haram terrorism, insecurity, and economic crisis, such an investment should have been welcomed and protected—not torn down in the name of political persecution.

“It was only after the completion of the building that the same BOSUPDB, acting under political influence, suddenly revoked the development permit issued to Hon. Attom Magira and gave him an impossible ultimatum: remove the ‘fifth floor’ of the property or demolish the entire multi-purpose hall within seven days or risk complete demolition—even though the property in question is a four-story building,” Dantani stated.

Furthermore, he said:

“The justification provided in BOSUPDB’s notice of revocation cited provisions of Section 51 of the Borno State Urban Planning and Development Board Law, conveniently overlooking another provision of the same law that grants affected individuals the right to appeal such revocations. Hon. Attom Magira sought legal counsel, and his lawyers informed him that he had the right to appeal the revocation of the development permit.

“Consequently, Attom Magira invoked Section 52 of the Borno State Urban Planning and Development Board Law, which allows an appeal against the decision of BOSUPDB, a procedure he duly followed within the stipulated time. This appeal was served on BOSUPDB, but they did not respond. This step should have automatically stayed the execution of the revocation and demolition of his property, as provided by law.

“The position of the law is clear: where a statutory provision stipulates a method or manner of discharging responsibility, that method must be strictly employed, and no other process must be adopted. See INEC & Ors. (1999) 8 NWLR (Pt. 614). In other words, where a law, such as the Borno State Urban Planning and Development Board Law, lays down a procedure for taking action, no alternative method should be used.

“Moreover, under his constitutional right to a fair hearing, as jealously protected by Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), a citizen must be allowed to state his case and defend his constitutional right to immovable property, as guaranteed by Section 44 of the same Constitution.

“In addition to the appeal process mentioned above, Hon. Attom Magira, as a law-abiding citizen, also sought the protection of the court as the last hope of the common man by instituting legal proceedings at the Borno State High Court in Alhaji M. Attom Magira v. Borno State Urban Planning and Development Board (BOSUPDB); Suit No. BOHC/MG/CV/8/2025, to prevent the unlawful demolition of his property until the court decides whether or not he breached any town planning rules. The court duly adjourned the matter to April 22, 2025, for a hearing, and BOSUPDB was served with the court processes and the hearing notice for the next adjourned date.

“In any democratic society governed by the rule of law, this means that the government must halt any further action until the court determines the rights of the parties, as the Constitution empowers the judiciary to settle disputes between individuals and institutions.

“The courts have consistently held that actions taken in pending legal proceedings that attempt to prejudge the issues and destroy the res (subject matter) are intrinsically objectionable, as they constitute a usurpation of the court’s proper function. See Bello v. A.G., Lagos State (2007) 2 NWLR (Pt. 1017) 115,” the human rights activist stated.