As dust is yet to settle over the recent structures demolished by the Lagos State Government at the Trade Fair Complex along Lagos – Badagry Expressway, developers and occupants of structures within the complex seemed to have been abandoned by their landlord – the federal agency that gave them the authority to build.
The latest worry bordered on the two-week ultimatum issued them by the Lagos’ State Ministry of Physical Planning and Urban Development, urging them to approach it to regularise approval status of their buildings in line with extant regulations.
Nigerian Tribune reports that caution is required in order not to send wrong signals to the investing public.
While some of them affected traders claimed to have secured approval to build from the Federal Ministry of Housing, settlement experts, who spoke with the Nigerian Tribune on the matter, said the federal agencies lacked authority to grant building approval on building development in the state, going by the 2003 Supreme Court judgement on physical planning matters.
The settlement experts, popularly known as town planners, have urged developers and occupants of structures within the complex to approach the Lagos State Government for planning permit or building approval.
Their advice is hinged on the 2003 Supreme Court judgement which empowers states to regulate physical development within their territories, including federal lands.
Expert’s view
Speaking on the matter, former Chairman, Nigerian Institute of Town Planners (NITP) and former President, Association of Town Planning Consultants of Nigeria (ATOPCON), Dr. Moses Ogunleye, said that following the 2003 Supreme Court ruling on physical development matters, federal agencies lacked authority to regulate on physical development matters in all the states of the federation.
In a situation like the Trade Fair Complex and FESTAC Town in Lagos, he said the Federal Ministry of Housing or the Federal Housing Authority can only give what he called ‘Clearance’, while referring the allottees or applicants to the Lagos State authority for planning or building approval.
He said: ‘What has happened after the Supreme Court judgement, and what FHA and the then Federal Ministry of Work were doing was to give clearance. They are supposed to give clearance , Lagos State government will now give approval.
‘This is trying to say that you want to build on our land, we know you and then look at your drawings and capture it.
‘Another example is in WEMABOD Estate. If you are building anywhere in the estate like Adeniyi Jones, Oba Akran roads, WEMABOD will look at your drawings and give you clearance. It is that clearance you will take to the Lagos State Physical Planning Permit Authority for approval.’
Ogunleye, who is this CEO, MOA Planners Ltd, warned developers and build owners in the Trade Fair Complex not to rely on approval from FHA or Federal Ministry of Housing.
He said: ‘The town planners in FHA know that what they can give is just the clearance – just to identify that we know you are there.
‘Every developer knows that he or she needs to contact the Lagos State Government for permit or approval.
‘Why I am worried is that the buildings at Trade Fair are not just one, but many. Number two is that they served notice or contravention notice to say we are going to demolish. People should be sure of what the law says because ignorance of the law is not an excuse
‘All the developers and building owners need to do is to regularise and Lagos State government will give abridged approval, and they would be allowed to develop.’
‘I don’t think any of those buildings have been there pre- 2003 Supreme Court judgement . Many people know the law, they just want to work against the law,’ Ogunleye said.
Traders’ view
When visited the complex, the Chairman, Association Progressive Traders, Trade Fair Complex, Eric Ilechukwu, told Nigerian Tribune that all buildings demolished in the complex by the agency from the Lagos State Government had approval from the Federal Government ‘s agency in charge.
He urged that both the state and the Federal governments should sit at a roundtable and settle their differences, instead of inflicting pains on his members.
‘They should settle their matter and convey their resolution to us; we are ready to abide.
‘We are traders and investors, we are ready to comply.This is not the time in the history of the country to witness such destruction/ demolition.
‘Trade Fair Complex was opened in 1977. This is 48 years, so what has suddenly changed now.
‘We can’t fight government, let the two authorities meet and resolve their matter, we are ready to comply,’ Ilechukwu said.
He alleged that they building owners were not served notices before the demolition.
When approached, officers at the Trade Fair Management Office, said that most development in the complex had approval from then Federal Ministry of Work, now Ministry of Housing.
FHA’s response
When contacted on the matter, Spokesperson at the Federal Housing Authority, Lagos, said the agency has no jurisdiction over the Trade Fair Complex but FESTAC Town.
Efforts to have the Director of Public Affairs, Federal Ministry of Housing and Urban Development, Badamosi, speaks on the matter proved abortive as he failed to pick his calls.
Another View
Also, Former President of ATOPCON, Muyiwa Adelu, said that whatever happened at the Trade Fair Complex had to do with the implementation of the Urban and Regional Planning Law.
‘When that law is implemented, everybody knows his role,’ he said.
He cited the Supreme Court ruling that gave the Lagos government authority on planning issues.
‘Not only lagos, the judgement gave all states authority to implement planning laws in there state.
‘The law still standing till today. So the federal government can’t give permit to any building development. It’s an aberration for affected persons to say they got permit from the federal government.
‘Lagos State Government cannot argue on land ownership, but planning permit. Developers and building owners along the corridor must get planning permit from the Lagos authority’
He described development in the Trade Fair Complex as ‘massive’, arguing that one can’t have such huge development without planning approval.
‘You cannot do commercial development without parking space and resolving sanitation issues.
So they need to regularise with the state government so that there businesses can thrive. Sanitation issues
‘My take is that, the state government must be approached and the permit should be issued . Those that don’t fall under urban renewal issue should go,’ Adelu said.
Latest issue
Meanwhile, the Lagos State Government has given all developers and occupants of structures within the Trade Fair Complex a two-week ultimatum to approach the Ministry of Physical Planning and Urban Development to regularise the approval status of their buildings in line with extant regulations.
Besides, the state government called on all residents and stakeholders to cooperate with its ongoing efforts to ensure a safe, well-planned, and sustainable Lagos for all.
This was contained in a statement signed by the Commissioner of Physical Planning and Urban Development in the state, Dr. Oluyinka Olumide.
The state government , in the statement, reiterated its zero tolerance for illegal and unapproved developments within the complex, Ojo, pending full compliance with planning regulations and the attainment of a safe, orderly, and sustainable physical environment.
He pointed out that the Trade Fair Complex, over time had degenerated into an enclave of haphazard and unsafe structures, posing grave risks to public safety and emergency response.
The commissioner said that government’s action was in line with Sustainable Development Goal 11 – ‘Make cities and human settlements inclusive, safe, resilient and sustainable’ – and the state’s T.H.E.M.E.S+ Agenda.
According to him, government acted strictly within its constitutional and statutory mandate, as derived from the Nigerian Urban and Regional Planning Act 1992, as domesticated by the Lagos State Urban and Regional Planning and Development Law 2019, and reinforced by the Supreme Court Judgment of 2003 (Attorney-General of Lagos State v. Attorney-General of the Federation).
‘These legal instruments empower states to regulate physical development within their territories, including federal lands, except for areas under exclusive federal use such as military formations,’ he said
‘For clarity, the commissioner said that land ownership and title are not in contention at the Trade Fair Complex, explaining that the ongoing enforcement focused solely on the approval status of physical developments, ‘as every structure in Lagos State must obtain a valid planning permit from the Ministry of Physical Planning and Urban Development in accordance with the law.’
The commissioner for physical planning in the latest statement said: ‘The attention of the Lagos State Government has been drawn to attempts by certain political actors, particularly of South-East extraction, to misrepresent facts and discredit the ongoing enforcement at the complex.
‘Such actions are populist, ill-motivated, and aimed at scoring cheap political points, rather than advancing the cause of public safety and sustainable development,’ the commissioner said
He affirmed that the administration of Babajide Olusola Sanwo-Olu remained firmly committed to promoting an orderly, inclusive, liveable, and sustainable physical environment.
This commitment, he said underpinned urban renewal and redevelopment efforts across the state, which have necessitated the removal of illegal structures in several locations, including:
Pelewura Market, Lagos Island – predominantly occupied by Yoruba traders; Bombata Market, Lagos Island – predominantly occupied by Yoruba traders; LSDPC Low-Cost Housing Estate, Ilasan, Eti-Osa – largely allotted to Yoruba occupants; Otumara, Ebute Metta – mainly occupied by people of Ilaje origin; Alaba Rago – predominantly occupied by Hausa traders; and Oluwole Market, Lagos Island – dominated by Yoruba traders.
‘Furthermore, it is on record that several States in the East such as Abia, Anambra, Ebonyi and Imo State have also embarked on demolition of identified Illegal structures for the purposes of flood control mitigation efforts, urban renewal or master plan enforcements. All carried out by the respective governors without taints of ethnic coloration attached. Why should that of Lagos State be different?
‘It is, therefore, disingenuous and divisive for anyone to resort to ethnic sensationalism whenever enforcement actions involve structures owned or occupied by individuals of Igbo extraction. The Lagos State Government will not be drawn into political grandstanding and urges those fanning ethnic sentiments to desist and instead focus on addressing the pressing socio-economic issues within their constituencies. The actions of the Lagos State government are always guided by the Law,’ the statement read.