Building demolition: Ogun Govt, Gbenga Daniel’s wife dispute legality of action
By Bankole Taiwo, Abeokuta
The Ogun State Government and Yeye Olufunke Daniel, wife of former governor of the state and Senator representing Ogun East, Otunba Gbenga Daniel have engaged in contentions over the legality of the demolition of DATKEM Plaza owned by Daniel’s wife by the State government.
The Ogun State Government in a statement on Sunday described DATKEM Plaza as an illegal structure without an approved plan.
The structure, the state government said, contravened the state’s physical planning laws.
The government, in a statement signed by the Permanent Secretary, Ministry of Physical Planning and Urban Development, Engr. Olayiwola Abiodun said the structure violated the building codes of the state with numerous defects.
He said several efforts made by the state government to halt further development on site were ignored by the developers.
He said government officials requested the structural engineer in charge of the building to avail the state of the structural equilibrium of the building, a request that was ignored.
The statement recalled the various incidences of building disasters across the country, adding that the Ogun State Government will not fold its arm and allow and such occurrence.
It noted that many of such disasters, such as fire outbreaks at Ikorodu, led to the loss of precious lives.
According to the permanent secretary, what the government did in partially pulling down the defective building was to be proactive.
Engr. Abiodun challenged the owners of the structure to produce evidence of government approval in their possession.
He said that for a commercial building of that status, there must be parking space to accommodate vehicular traffic within and outside the facility for workers and visitors. The provision of the law is for 45 to 50 per cent of available land for construction as a buildable area.
The permanent secretary added that the building lacked stage certification, which is usually issued at every stage of construction.
He said that owners were served the necessary notices, including abatement, contravention, stop work and demolition between May and October 2022, which were ignored.
According to the statement, DATKEM Enterprises Limited submitted application for an office building, located along Ibadan Road, Ijebu Ode in 2009 with registration number CB/05/299/2009.
“The proposal was for five (5) floors with airspace of 3 metres at the right, 5m at the left, 5metres at the rear and a setback of 32.5516 metres to the middle of Ijebu Ode/Ibadan road, Ijebu-Ode.
“The Zonal Town Planning Office observed during routine monitoring that the construction on site did not conform with the plan granted as there was a deviation from the airspaces and setback.
“In addition, the building had been modified and enlarged with an additional storey building at the back thereby becoming over density.
“In view of the above, the following actions were taken: Contravention Notice with Serial No. 0106983 was served on 24th May 2022.
“Stop Work Order with Serial No. 000623 was served on 24th May 2022. Another Stop Work Order with Serial No. 001065 was served on 22nd July 2022 when the first notice was ignored.
“Demolition Notice with Serial No. 0007549 was served on 11th October 2022. Notice to seal with Serial No. 000815 was served on 4th October 2022.”
The statement noted further that despite all these notices, the developer was recalcitrant and continued with the construction work.
“This prompted the re-sealing of the site on 1st August, 2023. But the sealing did not stop the developer from further construction as work continued on the site.
“However, the developer wrote an appeal for unsealing, which was considered so as to evacuate the belongings in the premises. Thereafter, quit notice with Serial No. 0030750 was served on 31st August, 2023.
“In view of the above, since the developer had remained recalcitrant, the Zonal Town Planning Office’s recommendation for the demolition of the office building was upheld,” the Permanent secretary explained.
The state government reiterated its avowed commitment to ensure the safety of its citizens, adding that any defective buildings in any part of the state will be demolished to safeguard the lives of the people.
However, Mr Adeyinka Kotoye, lawyer to former Governor of Ogun State and Senator representing Ogun East, Otunba Gbenga Daniel has said that Ogun State government on Sunday morning ignored the relevant court papers served on them on September 7, 2023 to go ahead with the vandalisation and demolition of Datkem Plaza along Folagbade Street, Ijebu Ode said to have been owned by Yeye Olufunke Daniel, wife of Sen Daniel.
Mr Kotoye from PAGE Law Office, Ogba, Ikeja disclosed this in a statement issued on Sunday on the heels of reported vandalisation of the building by some suspected political thugs who were alleged to have operated in the building under the shield of some police officers from 3am to about 5:30a Sunday morning
Kotoye said the PAGE Law is a legal firm representing Yeye Olufunke Daniel over the demolition of the said complex.
Daniel while speaking through his lawyer in a statement titled Vandalisation/Demolition/Executive recklessness of Ogun State Government said that agents of the state government in the early hours of Sunday demolished Daktem Plaza belonging to his wife.
The statement explained that “this matter began when Ogun State Planning and Development Authority sealed the building on August 31, 2023 asking the owner to vacate the premises within three days.”
“Meanwhile, Daktem appeals for unsealing of and regulations of the building and pay the mandatory fees of N500,000 to Ogun State Government. However, we were shocked and astonished the state government ignored the ongoing legal process and went ahead to demolish the complex early hours of Sunday. We want to believe that the advice of the Attorney General on this matter was ignored.”
Sen. Daniel, according to his lawyer declared that as a law abiding citizen, he would continue to seek redress in the court of law until justice was served.
“We want to believe that Ogun State Governor, Prince Dapo Abiodun was not informed of this acts of illegality but if he was informed and decided to use the instrument of the state against our clients, it is nothing but executive recklessness, but we shall continue to fight for justice,” He noted.
