Otodo Gbame: Court Declares Lagos’ Forceful Eviction Of Residents Unconstitutional
Justice Surajudeen Onigbangbo of the Lagos State High Court in Igbosere Wednesday declared as unconstitutional the forceful evictions of some residents of some waterfront communities in the state.
The court also restrained the state government from carrying out any further forcible evictions of residents.
Justice Onigbangbo made the order while delivering judgment in a suit brought last year by 33 applicants on behalf of themselves and other residents of the settlements.
The settlements include Otodo Gbame, Tomaro, Otumara, Orisunmibare, Oko Agbon, Itun Atan, Sogunro, the Ikorodu communities of Ofin, Bayeku, Olufunke Majidun and the Bariga communities of Ago Egun and Ebute-Ilaje.
Joined as respondents in the suit are, the Lagos State Attorney-General and Commissioner for Justice, Commissioner for Physical Planning and Urban Development, the governor and the Commissioner of Police.
The court also ordered both parties to begin talks on how to resolve the relocation of the residents.
Judgment in the suit stalled since last April 12, when the court suo moto (on its own motion) raised the issue of its jurisdiction.
However on Wednesday, Justice Onigbanjo ruled that the matter was properly before the court.
In the judgment, the judge noted, among others, that the gulf between both parties wasn’t as insurmountable as they made it appear and that there was no dispute over the ownership of the land.
“The land occupied by the applicants is under the control and the management of the executive governor of the state.
“From the affidavit evidence made available to me, the applicants never claimed ownership of the land, but have over the years settled on the land. It will be wrong for them to be forcibly evicted from a land they have been on for several years,” Justice Onigbanjo said.
He added: “The respondents’ failure to provide alternative settlements before embarking on the forcible eviction of the applicants is unconstitutional.
“Both parties are hereby ordered to carry out proper consultation on how to resolve the relocation of the applicants.
“The respondents are hereby restrained from further carrying out evictions of the applicants from the settlements, if alternative settlements are not made available.”
Earlier, before delivering judgment, Justice Onigbanjo cautioned Megan Chapman, the co-director of Justice Empowerment Initiatives, a community-based legal and empowerment organisation which represents the residents of Otodo Gbame.
The judge on April 25, disclosed that Ms Chapman had written him a letter, details of which he didn’t make public
He said: “I know you did what you did out of ignorance. I don’t know how it works in your country, but here litigants don’t write directly to the judge.”
