Justice Olukayode Ogunjobi of the Lagos State High Court at the Tafawa Balewa Square has threatened to give judgment against Lagos State Building Control Agency, the Ministry of Physical Planning and Urban Development, the Lagos State Development and Property Corporation over the demolition of shops in Oluwole Market on Lagos Island.

Justice Ogunjobi made the threat on December 6, 2024, following the failure of the defendants to appear before the court or file a defence.

Some traders at the popular Oluwole Market on Lagos Island had dragged the Lagos State Government and some of its agencies to court over the demolition of their shops.

The traders, represented by the Lagos Merchandise and Traders Association, are seeking N3.4bn compensation for what they claimed was illegal demolition of their businesses.

The association, acting for itself and on behalf of 169 others, asked the Lagos State High Court to declare that the destruction of the Kee-Klamp they occupied at the Oluwole market was wrongful, unlawful, and unconstitutional.

Besides the association, additional claims in the case had been filed by Babro Ventures Limited and Tosh Limited.

The defendants in the suit are the Lagos State Attorney General, the Lagos State Building Control Agency, the Ministry of Physical Planning and Urban Development, the Lagos State Development and Property Corporation, and the Lagos State Urban Renewal Authority.

At the last adjourned date on November 8, 2024, when the matter came up for hearing, the defendants were not in court, nor were they represented.

Counsel for the claimants, Mr Silas Ukairo, told the court that they had served the defendants since July.

Consequently, Justice Olukayode Ogunjobi adjourned the case until December 6, 2024, for further proceedings and ordered that hearing notices be served on the defendants.

At the resumed hearing of the case on December 6, 2024, the counsel for the claimants, Mr Silas Ukairo, announced his appearance while Mrs A. O. Ajaga appeared for the first and fifth defendants, Attorney General of Lagos State and Lagos State Urban Renewal Authority.

The second, third, and fourth defendants were not represented.

Ajaga told the court that she had filed the statement of defence for the first and fifth defendants dated December 4, 2024.

In their 12 paragraphs of statements of defence, the defendants denied all the allegations and facts made against them by the claimants in their claims.

When the judge asked the defence’s counsel, Ajaga, whether she was aware of the notice of demolition, she told the court that she was not aware of the notice of demolition.

Consequently, Justice Ogunjobi ordered that hearing notices should be sent to the other defendants (second, third, and fourth defendants) and that if they failed to come for a hearing, he would enter judgment against them.

“ Please send hearing notices to the other defendants, and if they don’t come for hearing, I will enter judgment against them,” the judge said.

He also told Ajaga to send hearing notices to the other defendants.

The case was adjourned till January 17, 2025, for further proceedings.

The claimants on a 42-paragraph statement of claim attached to the suit, the claimants stated that they had been in peaceful possession of the kee klamp and running their businesses until April 17, 2024, when officials from the Lagos State Building Control Agency threatened to demolish the Kee-Klamps without issuing any notice.

In their 15-paragraph affidavit, the defendants deposed that the claimants were lessees of the fifth defendant, whose leasehold was yet to expire before the demolition of the property.

“That the first claimant and its members were indebted to the fifth defendant to the tune N11,280,200, as of 2021, which was the remaining balance payment being owed of the lump sum of N47,075,000.00, representing the other part of 50 per cent instalments for the lease of the Kee-Klamp for  20 years which ought to have been paid within eight months, from the date of the completion of Kee-Klamp as stated in the judgment of suit No. LD/386/91.

“That the fifth defendant and the first claimant as a whole (The two factions of the association) met at a meeting at the fifth defendant’s office sometime in 2023, and agreed that the first claimant should pay half of the money owed and that the fifth defendant will write a memo for approval of Mr Governor for a waiver of the remaining sum, and thereafter notify the state auditor general of the outcome of the meeting and the approval of Mr Governor.

“That the first claimant paid the half sum of the outstanding balance as agreed by parties- the last sum was paid on January 17, 2024.

“ The fifth defendant was in the process of resolving the issue of the outstanding debt by getting the approval of Mr Governor for a waiver of the remaining sum when the representatives of the first claimant informed the fifth defendant’s general manager that the Kee-Klamp has been demolished on April 21, 2024.

“ The demolition was carried out without the knowledge of the fifth defendant. The fifth defendant has also suffered irreparable loss of revenue that ought to accrue from the property”.