Human rights lawyer, Femi Falana (SAN), has faulted the recent wave of demolitions in Lagos and Abuja, declaring that no governor or minister has the constitutional power to pull down any building without first obtaining a valid court order.
Falana, who spoke on Friday during an interview on Arise Television monitored in Lagos, described the demolitions as a flagrant abuse of the rule of law and a direct affront to the judiciary.
He lamented that in several instances, buildings were demolished in the dead of night, sometimes in disregard of subsisting court orders restraining such actions.
“No governor or minister has the power to demolish a house in Nigeria without a valid court order,” Falana said. “Under our constitutional arrangement, you must go to court to prove that a building violates the law before demolition can be authorised.”
The Senior Advocate of Nigeria explained that both Lagos and the Federal Capital Territory have Urban and Regional Planning laws which clearly spell out the procedures for demolition.
According to him, the laws require authorities to issue statutory notices to affected property owners and provide them the opportunity to appeal before any structure can be lawfully pulled down.
Falana urged the government at all levels to respect court orders and uphold due process in the enforcement of planning regulations.