Human rights lawyer Femi Falana (SAN) has stated that the recent wave of demolitions in Lagos and Abuja is a gross violation of the rule of law and an affront to the judiciary.
Speaking during an appearance on Arise Television on Friday, Falana insisted that no governor or minister has the power to demolish a house in Nigeria without an existing court order.
He pointed out that both Lagos and Abuja have Urban and Regional Planning laws that clearly outline the procedures for demolition, including the issuance of statutory notices and the provision for affected persons to appeal.
The legal practitioner argued that the demolitions, which took place at midnight despite existing court orders, were unconstitutional and illegal.
He stated, “No governor or minister has the power to demolish a house in Nigeria without a valid court order. Under our constitutional arrangement, you must go to court to prove that a building violates the law before demolition can be authorised.
“In Abuja, there is a regional and urban tribunal set up to determine when a building should go down. The minister cannot usurp the powers of that tribunal. It is illegal on the part of the minister to continue demolitions in defiance of the law.”
He criticised what he described as “lawlessness and impunity,” recalling that despite a Lagos High Court order restraining authorities from demolishing houses in Oworonshoki, state officials carried out the operation at night.
“Certified copies of the court order were served on government agencies, yet by Saturday night, those houses were invaded. When I raised the issue, a top official arrogantly said, ‘Heavens will not fall.’ Well, we shall see,” he said.
Falana added that his law firm had already initiated legal action on behalf of the victims, seeking damages for violation of their constitutional rights.
“All the victims are going to court. In Abuja, a court this year awarded ₦200 million in damages against the FCT authorities for similar violations, and in Lagos, ₦3.5 billion was awarded last year for illegal demolitions,” he added.
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