Court Affirms State Govt’s Power To Demolish Property Without Permit

Justice Akinkunmi Idowu of the Lagos State High Court in Ikeja has declared that state governments have the authority to demolish any structure or property that fails to obtain a proper permit from the state or its agencies before embarking on any construction.

Justice Idowu made this declaration in a judgment on a case filed by Peace Mass Transit Limited against the National Union of Road Transport Workers (NURTW).

Other defendants include Wale Ajilo, Chairman of NURTW, the Lagos State Ministry of Physical Planning and Urban Development, the Lagos State Ministry of Transportation, the Attorney General of Lagos State, and Biode Pharmaceuticals Industries Limited.

The case centres on a piece of land located at Ojota, Ikorodu Road, Lagos, known as Biode Park. The NURTW uses it as a loading park for passengers travelling to various parts of the country.

The NURTW is a tenant of Biode Pharmaceuticals, the legitimate owner of half of the land. Peace Mass Transit Limited occupies the other half of the property and engages in passenger transportation.

The plaintiff constructed a fence to demarcate its portion of the land to enhance its business. However, the Lagos Ministry of Physical Planning and Urban Development demolished this fence for failing to obtain a building permit.

Feeling aggrieved by the fence’s demolition, the plaintiff approached the court asking for a declaration affirming that the claimant is the rightful owner of the land and an order directing the defendants, their agents, representatives, or anyone acting on their behalf to vacate the land.

They also urged the court for a declaration that the defendant’s actions in demolishing the claimant’s fence, forcibly entering the claimant’s premises, and disrupting its business operations are unlawful, illegal, and constitute unlawful trespass.

The plaintiffs also prayed to the court for general damages of N78,120,000 as compensation for unlawful trespass, encroachment, the demolition of the fence, and the defendants’ disruption of the claimant’s business.

In his judgment, Justice Idowu held that “There appeared to be no dispute regarding the ownership of the land, as none of the parties contested the titles. However, the conflict arose from demolishing the fence the claimant built. The relevant government agencies responsible for physical planning in the state confirmed that they were the ones who carried out the demolition.

“The key question to be determined was whether demolishing the claimant’s fence was lawful. The Urban and Regional Planning and Development Law, Chapter 112, Volume 10, of the Laws of Lagos State, 2015, specifically Section 27, states that a permit from the Planning Permit Authority is required for any physical development in the state.

“Section 28 stipulates that a developer (whether private or governmental) must apply for a planning permit using prescribed forms and providing the necessary information and documents as outlined by the regulations.

Justice Idowu also referenced Section 26 of the Lagos State Building Control Agency Regulations, affirming that “the demolition was by the provisions of the law.”