Residents of Modupe Johnson Crescent, Surulere, Lagos, have dragged the Lagos State Development and Property Corporation (LSDPC) and eight others to court over the alleged construction of a 36-unit residential estate on the premises of Gbaja Boys High School.
The residents’in the suit marked LD/6333LM/2026 filed before the Lagos State High Court by the Incorporated Trustees of Modupe Johnson Crescent Residents’ Association, they alleged that LSDPC was constructing five blocks of two- and three-bedroom flats without the required planning permit or approved building plans.
They also claimed the development encroached on the school’s open space and playground and extended toward the edge of a canal that forms part of the community’s drainage network.
Other defendants in the suit are the managing director, LSDPC, the Lagos State Commissioners for Physical Planning and Urban Development; Basic and Secondary Education; and the Environment and Water Resources.
The defendants include the General Managers of the Lagos State Physical Planning Permit Authority (LASPPPA), Lagos State Building Control Agency (LASBCA), the Lagos State Environmental Protection Agency (LASEPA), and the Lagos State Attorney-General.
The claimants are seeking 16 declarations and orders, including a declaration that the alleged development violates Lagos State physical planning and building control regulations.
They are also asking the court to declare that construction along the canal violates its right-of-way and that the alleged lack of environmental, drainage and traffic impact clearances poses risks to the community.
The residents further alleged that the project could worsen flooding and erosion, increase traffic congestion and put additional pressure on existing infrastructure.
The claimants are further seeking a perpetual injunction restraining LSDPC, its agents, contractors and workmen from continuing the development within Gbaja Boys High School and/or Surulere Baptist School.
They also want the court to direct the relevant government agencies to seal the site and remove structures allegedly erected unlawfully.
In an affidavit filed in support of the suit, a trustee of the residents’ association, Babatunde Ajayi, said residents became aware of the project in September 2025 after seeing a signboard identifying LSDPC as the client.
He said the residents then sought information about the project’s planning approvals, building permit, environmental clearance, drainage approval, and authorisation from the Ministry of Basic and Secondary Education.
Ajayi stated that LASBCA issued a contravention notice and stop-work order on January 12, 2026, following a stakeholders’ meeting in December 2025, while the Ministry of Environment and Water Resources allegedly issued a seal order.
He also alleged that the seal was broken and construction resumed.
The deponent further claimed that the residents subsequently obtained interim injunctions on January 27, 2026, in an earlier suit marked LD/5840LM/25.
Ajayi maintained that Justice Yewande Badejo-Okusanya, in a ruling delivered on March 18, 2026, upheld the validity of the pre-emptive orders and directed the parties to comply with the applicable pre-action protocol for land matters.
He alleged that the defendants failed to comply and resumed construction after the interim orders were vacated.
Justice Atinuke Ipaye has fixed October 26, 2026, for the hearing of the originating summons and the first and second defendants’ preliminary objections challenging the residents’ legal standing to institute the action.
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