Festac Town Demolition: Restraining Order Issued Against FHA, LSBCA

As a result of the demolition of no fewer than 600 houses and the partial demolition of about 700 others around 6th Avenue, Festac Town, Amuwo Odofin, Lagos State, Justice Omolade Jadesola Awope of the Lagos State High Court, Ikeja, has issued an injunction, restraining the Federal Housing Authority (FHA) and the Lagos State Building Control Agency (LSBCA) from further demolition in the area.

It is recalled that the residents of the area had approached the court, asking for an injunction to stop the FHA and LSBCA from further demolition in the vicinity.

The residents through a motion exparte filed by Engr. Samuel Ahmed, Martinson Realtors Investment Ltd, Taoheed Amusa and R. A. Balogun, particularly prayed for a pre-emptive order of injunction against the defendants (FHA and LSBCA).

Before this time, Justice Awope had on September 11, 2023 (sitting as a vacation judge at the time) in the suit marked ID/7396GCM/2023, ordered, restraining the respondents from harassing, and threatening to demolish the properties situated at 6th Avenue, in alleged enforcement of Town Planning Laws.

The judge, while dishing out the pre-emotive order of injunction, restrained the first defendant/respondent whether acting by itself or through its agents, privies, assigns or any special task force, paramilitary officers or otherwise howsoever described from demolishing and/or removing any building or property erected at the 6th Avenue or in any other part of Festac Town in alleged enforcement of Town Planning Laws, pending the applicants’ compliance with the Lagos State High Court Practice Directions No. 2 of 2019 on Pre-action Protocol.

Justice Awope had equally issued a pre-emptive order of injunction, restraining the first defendant/respondent, whether acting by itself or through its agents, servants privies, assigns or any special task force, paramilitary officers or otherwise howsoever described from further harassing, disturbing and/or threatening to demolish the claimants’ buildings or properties erected at 6th Avenue, in alleged enforcement of Town Planning Laws.

The judge took the decision, due to the motion exparte brought pursuant to paragraph 4 of sub-paragraph 1 of Practice Direction No. 2 of 2019 on the pre-action protocol.

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