DATKEM demolition: Court orders Ogun Govt to refrain from encroaching in building premises
…As Gov Abiodun denies political undertone, insists DATKEM violated building codes
An Ogun State High Court sitting in Ijebu-Ode, on Monday, granted an order asking the Ogun State government to maintain status quo and stay off the property belonging to the wife of the Senator representing Ogun East, Yeye Olufunke Daniel.
Recall that agents of the state government in the early hours of Sunday, destroyed some parts of the five-storey building located along Folagbade road, in Ijebu Ode.
The court asked government to stay off the property pending the determination of the substantiative matter filed before it.
The matter with Suit No: HCJ212/2023 was filed by DAKTEMS Enterprises Limited as plaintiff and joined the Governor of Ogun State, Attorney General of Ogun State, Ogun State Planning & Development Permit Authority and Urban Development as well as Ogun State Commissioner for Physical Planning, as defendants
It prayed the Court for “an exparte order restraining the defendants/respondents and their agents, allies, proxies, assigns, cronies, servants and any other person(s), however described, either claiming through them or acting on their behalf, in whatsoever manner, upon their authority/instruction, from demolishing the property known, being or lying at No. 62, ljebu-Ode/lbadan Road, ljebu Ode, Iiebu-Ode Local Government Area, Ogun State,” pending the hearing and determination of the Motion on Notice herein filed.
“An order of the Court mandating and/or otherwise directing parties to maintain status quo, i.e. the position of things, as it were, as at the time of filing, hearing and determination of this application.”
In his ruling, Justice N. O. Durojaiye directed that all parties in the case maintain Status quo on the property as at today the 113 of September, 2023.
“The applicant shall file affidavit of Status quo, showing the state of the disputed property as at today within 72 hours from today.”
“The Originating processes and all other processes shall be served on the Respondents within 24 hours from today.”
The motion for Interlocutory Injunction is adjourned for hearing on 27 September, 2023.
Meanwhile, the Ogun State government has clarified that there was no political motive behind the Sunday demolition of the five-storey DATKEM Plaza in Ijebu Ode.
The Governor, Prince Dapo Abiodun, on Monday, warned that the state government will not tolerate lawlessness and the violation of the state’s building codes.
The Governor also denied any political motives in the partial demolition of DATKEM Plaza, Ijebu-Ode.
Prince Abiodun formally reacted to the demolition and the attendant accusation after inspecting the 8-kilometre Mowe-Ofada Road, in Obafemi Owode Local Government Area of the state.
According to the Governor, the partial demolition exercise carried out by the Ministry of Physical Planning and Urban Development was in line with the laws of the state.
He denied accusations in some quarters that the exercise was political, adding that necessary steps were taken by government officials when contraventions were observed in the course of constructing the edifice.
The Governor noted that in Ogun State, and Nigeria, nobody is above the law. The law that governs ordinary citizens, according to him, also applies to the VIPs.
He said, “But for the fact you have ambushed me, I was not prepared to formally address that subject matter. And the reasons are very simple, we are a responsible government. We are responsible to our citizens. We are a law-abiding administration. I’m sure that everyone would testify to the fact that since I assumed office in 2019, I have ensured equity, fairness and upheld the rule of law. I have not in any way attempted to be vindictive or in any form or manner appear like someone who is trying to witch-hunt anyone.
“Having said that, because these are some of the insinuations I have read on social media and nothing could be farther from the truth. You all have seen the position of the Ministry of Physical Planning, which is the ministry that is entrusted with ensuring that people adhere to our different building codes. Because if we don’t respect building codes, if we don’t abide by building laws, it means that we are nothing but a chaotic society.
“These are the people charged with ensuring that our cities and towns are well laid out, well planned and the buildings that are constructed are safe to live in. We are all living witnesses to what has happened in the state and Lagos State when buildings have collapsed. And proactively, our government and across the country have brought some buildings down for violations of different building regulations.
“Only a few weeks ago, the new minister of the FCT said any person who builds in FCT without approval no matter how highly placed they are, be it a minister or anybody, the building will come down. And recalled sometime last year, when a building collapsed on Gerald in Lagos, a building that belonged to someone that I know personally, I held a press conference and said we would not allow for this to happen in Ogun State. You build without approval, you build beyond your approval, if you don’t build in line with our regulations, that building will come down.
“Now, let’s go to this DATKEM. First I can assure you that our physical planning team do not have the responsibility of unmasking who the owner of a company is. It is beyond their mandate. As far as they know, a company called DATKEM had applied for approval to erect a five-story building. That approval was filed in 2009, way beyond our administration. But sometime in 2022, a contravention notice was sent to the owners of DATKEM.
“In Ogun State and in Nigeria, we don’t have a set of laws for the common man and the VIP. That is not the way it works. There is one law for everybody. Nobody is above the law. And the law is not the respecter of VIPs or VIPPs. So, they sent the contravention notice to DATKEM, regardless of who the owner of DATKEM was, which was not their priority. After they sent that contravention notice in May 2022, they sent a stop order notice to DATKEM, saying you are in contravention, stop working on this project until you come and correct these contraventions. They followed that stop order with another stop order. They sent a violation order. They sealed the premises.
“The owners of DATKEM in their minds must have felt they were above the law. It smirks of impunity if the Ministry of Physical Planning sends you a contravention order, sends you a seal order and you continue with the construction in violation of the safety of all of us in Ogun State.
“They sent you a demolition order, you still did not respond. You begin to sneak into the building at night, you begin to work there. You begin to attempt to grease palms so that they can overlook your contraventions. But, of course, a day of reckoning will always come.”
The Governor said properties are demolished every day in the state without any noise being made, adding that he had instructed that if his property violates state laws, it should be brought down.
Addressing the accusation of vindictiveness, the governor recalled his intervention in another property belong to the alleged owner of DATKEM.
He said, “Let me take you down memory lane. The purported owner of this property, when I assumed office in 2019, had a property in Abeokuta. It was meant to be a hotel. My predecessor had sealed that property for eight years. He had issued a stop order. He was going to demolish that building, but for my intervention. I pleaded with him. That building remained under lock and key until I resumed office. The first day I was sworn in was the very day the owner moved into that property for the first time in eight years. And today, the property is called Conference Hotel in Abeokuta.
“How do you now begin to accuse the same me that facilitated the completion of that project despite different court actions that were brought then, despite different charges by the EFCC that were hanging around the project. I actually commissioned that project alongside the former vice president, Prof. Yemi Osinbajo. You are now trying to use media, trying to attract unnecessary sympathy, playing the underdog that I, Dapo Abiodun, demolished a property that first I didn’t know it was yours; your name is not on that property. You never came forward to say this property is yours.
“You expect that someone, who is a serving senator, a former governor of this state, would show a level of more responsibility. I have said it that I, Dapo Abiodun, if I have a building that violates the building code, bring it down.
“And by this, I am sending a strong warning to all of us across the state. There are many of you who have buildings without approvals. There are many of you who don’t even have C of O. If you have built without approvals, the long arm of the law will soon be catching up with you. We will not tolerate lawlessness in this state. We will not be defined by lawlessness and half hazard development when you just build anyhow.”
