Our attention has just been drawn to a press statement issued by the Oyo State Commissioner for Works, Professor Dahud Kehinde Shangodoyin, on the proposed demolition of over 500 structures on the Ojoo-Akinyele Interchange of the Old Ibadan-Oyo Road.
In the statement, which we consider as inhuman, wicked and unfair, the Commissioner admitted that the Oyo State Government was granted approval by the President of Nigeria to construct the road. He also stated that that the marking exercise was carried out in consonance with the Federal Ministry of Works.
It is not true that these are illegal structures. Assuming but not conceding that they are, it was the Oyo State Government that misled people into developing them. The reason for this assertion is not far-fetched.
Firstly, we wish to state that most of our properties on that road have registered survey plans duly approved by the Oyo State Government.
Secondly, these structures also have building plans (with EIA report) duly approved by the Oyo State Bureau of Physical Planning and Development Control as well as it’s predecessor agencies for properties that predates the establishment of the BPP&DC.
Having approved these structures, can the state government now turnaround to describe them as illegal?
At this juncture, it is important to educate Professor Shangodoyin on the position of the law with respect to ownership of land as well as urban and regional planning (or town planning) and allied matters. We understand that he’s a mathematician so we urge him to consult his cabinet colleague – the Attorney-General of Oyo State – for legal advice.
In the locus classicus of Attorney-General of Lagos State v Attorney-General of the Federation (2003) LPELR-620 (SC), the Supreme Court of Nigeria settled the position of the law beyond any shadow of doubt when it held, inter alia, that urban and regional planning (or town planning) is a residual matter under the 1999 Constitution This categorisation, according to the Supreme Court, vests legislative authority over planning exclusively with state governments
In his contributory judgment in the same case, Hon Justice Samson Uwaifo, J.S.C, (as he then was) stated that: “No argument can defeat or reduce from the general planning legislative power of the House of Assembly of a State, which is a residual constitutional power. It gives the States the exclusive function for the planning, layout and development of their respective areas. Any Act, be it the Federal Highways Act, the Civil Aviation Act, or the Nigerian Railway Corporation Act, which tends or is implemented in a way to tend, to undermine or take away this function of any State or allows the Federal Government to exercise or assume such function is unconstitutional and in appropriate circumstances will be declared so.”
It is our respectful submission that on the authority of the AG Lagos v AG Federation (supra) and the approval granted by BPP&DC of Oyo State, our structures cannot be deemed illegal even under the Federal Highway Regulation attached to the notice served on us.
Consequent upon the foregoing, we wish to humbly request for the immediate withdrawal of the 7-day demolition notice served by one Engr Fadare on behalf of Prof Shangodyin
In closing, we wish to state that we are not averse to the desire of government to dualize the Ojoo-Moniya road but due process of law must be followed in the circumstance. Development, as desirable as it may be, should not come at the expense of the lives and limbs of the society.
E-Signed
Mr. Simiyu Akinboboye
For: Concerned Owners of Properties in Ojoo-Akinyele Interchange
