Appeal committee adjourns hearing till October 14

For residents of Ifesowapo, Ifeoluwa and Toluwani communities in Ebute-Metta West, Lagos Mainland, the demolition of their homes in March 2024 did not only destroy buildings; it disrupted lives, scattered families and left many struggling to rebuild their lives.

The three communities have now approached the Lagos State Physical Planning and Building Control Appeals Committee, demanding N1 billion in compensation and other reliefs over what they described as unlawful demolition, burning of property and forced eviction.

The residents alleged that the demolition was carried out by officials of the Lagos State Building Control Agency (LASBCA), with the support of the police, in violation of the Lagos State Urban and Regional Planning and Development Law, 2010.

Their petition was presented at the opening of the committee’s hearing in Alausa, Lagos, as the displaced residents seek justice over the destruction of their homes and properties.

The Communities Alliance Against Displacement (CAD), in collaboration with Spaces for Change (S4C), is supporting the affected residents in the legal process.

Among other reliefs, the communities are asking the committee to direct the Lagos State Government to pay the evicted residents N1 billion in compensation and ensure compliance with the provisions of the Urban and Regional Planning and Development Law, 2010, in the remaining portions of the designated improvement areas.

Documents attached to the petition include a sworn affidavit of facts, certificate of Community Development Association registration, rent payment receipts issued to the Oloto Royal Family, media reports on the declaration of Otto and Otumara communities as improvement areas, as well as photographs showing the demolition and burning of houses.

Residents say demolition contradicted government’s regeneration plan.

The residents’ case is rooted in the Lagos State Government’s earlier announcement that their communities would be regenerated rather than completely demolished.

In May 2021, the Ministry of Physical Planning and Urban Development announced that approval had been given for the regeneration of Otto and Otumara slum communities in Lagos Mainland to create a new micro-city with improved urban aesthetics.

The government had also assured residents that the plan was aimed at “upgrading rather than total displacement.”

The announcement, according to the residents, eased fears of forced eviction as they expected the government to follow the procedures prescribed by law and engage the communities before any development commenced.

However, they alleged that the situation changed in March 2024 when officials of LASBCA, accompanied by police personnel and armed with motorised hydraulic equipment, entered the communities and ordered residents to leave.

The residents alleged that their homes were subsequently demolished and some set ablaze, leaving families with little time to salvage their belongings.

Speaking with The Guardian at the opening of the appeal hearing, Legal Officer, Spaces for Change, Patrick Allam, said the government should have followed the provisions of the Urban and Regional Planning and Development Law before embarking on the demolition.

According to him, the May 7, 2021 declaration by the Ministry of Physical Planning and Urban Development meant that the regeneration process ought to have been carried out within the legal framework governing improvement areas.Allam said failure to follow the required procedures rendered the demolition unlawful and denied residents the safeguards provided by law.

He specifically cited Section 53 of the Urban and Regional Planning and Development Law, 2010, alleging that the government failed to publish the approved regeneration plan in the state gazette designating Otto and Otumara as an “Improvement Area.”

He said such publication would have formally notified residents and the wider public about the government’s plans and provided an opportunity for community engagement.

“The government is supposed to engage the community on how best they can implement that plan,” he said.

The impact of the demolition, according to the affected communities, has gone beyond the loss of houses.

Secretary of Ifesowapo Community, Awode David, said many residents had been living in difficult conditions since their eviction, with some forced to sleep in tents.

He added that children had been compelled to stop attending school, while more than five residents had reportedly died since the displacement.

David said the residents were not asking for special treatment but justice and accountability from the state government.

At the hearing, Allam also expressed disappointment that some of the major respondents were absent, limiting what the committee could do at the opening session.

He identified LASBCA, the Lagos State Urban Renewal Agency (LASURA), the Ministry of Physical Planning and Urban Development and the Oloto Royal Family as parties that should be represented in the proceedings.

Allam said LASURA had communicated to the committee that it had no knowledge of the demolition.

He, however, argued that the agency should appear before the committee to explain its position rather than rely solely on a letter.

Meanwhile, the 14-member appeal committee, chaired by Olufunmilayo Osifuye, comprising professionals from the building, physical planning and legal sectors, adjourned the hearing to October 14.

The adjournment was due to the absence of some of the major respondents in the matter.