Demolition Of Caramelo Night Club Is Not Just Illegal But Utter Madness- Obioma Ezenwobodo

By the provision of section 43 of our Constitution, every
citizen has the right to acquire, own immovable property anywhere
in Nigeria. Section 44 of the same Constitution legislate against
compulsory acquisition of property except by a laid down
procedure.

The Supreme Court in the case of Military Governor of Lagos
State & 2Ors V. Chief Emeka Odumegwu Ojukwu & Anor (1986) 1
NWLR 621 at 637-638, paragraphs H-D, per Obaseki, JSC, in utter
condemnation of the executive illegality in compulsory acquisition
of property held:

“…No one is entitled to possession of premises by a strong hand
or with multitude of people. That has been forbidden ever since the
statute of Richard II against forcible entry. This applies to the
Police as much as to anyone else. It applies to the government
departments also…. They must not take the Law into their own hands.
They must apply to the Court for possession and act only on the
authority of the Court… seeing however that possession was taken
from her wrongfully, it should be restored to her. Thus only can
the law be vindicated. If she is to be turned out, it must be by
due process in the Courts of law and not by action of the
executive… In my judgment, this Court should make an interim order
that she be restored to her possession of this flat. The final
rights can be decided later.”

When a citizen contravenes provisions of a planning law or any
regulation made pursuant to a law, as was alleged against Caramelo
Night Club Abuja, sections 47, 48 and 50 of the Nigerian Urban and
Regional Planning Act 2004(N.U.R.P Act) provides for service of
enforcement notice (which includes: stop notice, contravention
notice and demolition notice) that may order the citizen to alter,
vary, remove or discontinue development. Where the citizen fails to
alter, very, remove or discontinue development, then Section 61 of
the same Act provides that a 21 days demolition notice is to be
served by the Control Department before demolishing his property.
See the unreported judgement of Kutigi .J of High Court of FCT in
Obor & Ors v. FCDA & Ors (Suit No: CV/3998/2012).

The act of officials of Federal Capital Development Authority
(FCDA) pouncing on Caramelo Night Club for alleged contravention of
building plan and had it demolished after a mere service of 2 days
demolition notice is an utter exhibition of cruel, illegal and
unconstitutional conducts…I strongly believe they would have their
day in court.

The madness with which exhibit in demolishing peoples’ houses,
motherless babies homes, places of worship and properties of
opposition members is a call for concern. This latest illegality is
coming at the hills of unlawful arrest of some women fun seekers at
Caramelo Night Club few weeks ago by the authority of FCDA based on
spurious and disingenuous allegation that they were
prostitutes.

One is forced to ask, what stopped the FCDA from sealing the
building until the owner complies with laid down regulations… why
the rush to pull down a million naira investment just in a
whiff?

Those who man our public offices should act according to law and
not be influenced by personal prejudices.

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