A Lagos State High Court in Ikeja has ordered the authorities of
Mushin Local Government Area in Lagos to suspend their plan to demolish
parts of the popular auto spare parts market, Ladipo, for the purpose of
re-development.
Justice Iyabo Akinkugbe, who made the order on Friday, said it would
only be in the interest of justice that the LGA put its demolition plan
on hold pending the determination of a suit challenging the project.
Some auto spare parts dealers, who own shops at the market, had
headed for court claiming that the the planned demolition would disturb
the peaceful and quiet enjoyment of their tenancy at the market.
The marketers, through their lawyer, Richard Nwankwo, sought an order
of perpetual injunction restraining the LGA and its agents from going
ahead with the demolition and ejection plan, which they claimed was
coming at a time when their rents had not lapsed.
On Friday, Nwankwo argued an ex parte application, urging the court
to make an order for the parties to maintain status quo pending when the
issues in the main suit would be determined.
Nwanko
told the court that ever since the first invasion of the market by
agents of the defendant at about 4.30am on June 30, 2015, the auto spare
parts dealers had been living under the apprehension that the defendant
would eject them.
The lawyer alleged that in spite of the intervention of the Lagos
State Commissioner of Police, who met with the parties on July 1 and
ordered that peace should be maintained, the Executive Secretary of
Mushin LGA, Mr. Jide Bello, had not relented on his threat to eject the
marketers.
Convincing the court to grant the application, Nwankwo argued that
the LGA would not suffer any loss if the court stopped it from taking
further steps in its demolition and ejection plan until a decision was
made by the court in the main suit.
After hearing the lawyer’s argument, the judge said she was convinced
that it would serve the interest of justice for the parties to
maintain status quo pending the determination of the main suit and so
ordered.
The judge subsequently adjourned till August 4, 2015 to hear the main application.
The plaintiffs in the suit are Nnamdi Chukwuka, Franco Offai, Vitus Okoyeagu, Felix Okafor, Peter Benson and Richard Olisakwe.
Others are Godwin Onyeka, Emeka Ikeh, Romanus Ezimora and Darlington Ugochukwu.
In the affidavit filed in support of their application, they alleged
that without a prior notice, agents of the Mushin Local Government Area
had invaded the market, and with the help of “hoodlums and rented armed
policemen” commenced demolition of their shops.
They claimed that the respondent, after the invasion, had continued to threaten them with ejection and demolition.
Chukwuka, who deposed to the affidavit, said the demolition and
ejection threat by Bello was coming while the plaintiffs had subsisting
rents.
The deponent, who accused Bello of hiding under “the guise of
redeveloping the market,” said, “The respondent also deployed some
equipment in the market and removed roofs of the applicants’ shops.
“The hoodlums went on a looting spree, carting away some of our expensive goods, cash and other valuables.”