Human Rights Activist, Mr Femi Falana (SAN), has stated that the
Kaduna State Government had infracted Kaduna State Urban and
Regional Planning Law, 2018, in the demolition of a building
purportedly said to host a sex party in the State.
![image](/2020/10/lawreport.jpg")
He noted that the provision of Section 79 of the Kaduna State
Urban and Regional Planning Law, 2018 was not complied with in the
demolition of Asher Lounge, the venue of the aborted sex party.
![image](/2020/10/NWLRland.jpg")
Falana said the Law that was signed into Law by the Governor of
Kaduna State, Mallam Nasir El-Rufa’i in 2018, was infringed by the
Governor himself.
Falana contends vehemently that it is illegal by virtue of the
Law, for the government or any of its institutions to demolish a
building without prior notice or giving room for fair hearing.
“The law which was signed by El-Rufai in 2018 does not allow for
demolition without a notice. Section 79 of the law is clear. No
governor has the right to authorise a demolition of the property of
anyone.
“The governor cannot be the accuser, the prosecutor, the judge
and the executor the judgment. All the states in Nigeria have
similar laws, whether in Rivers or Lagos. None has the power to
pull down the property of any citizen who has not been given the
opportunity of making a representation.
“No one is in support of sex parties taking place in the country
but anyone found wanting should be arrested and prosecuted
according to the law. They should have prosecuted those accused of
committing the offence and not pulled down the building”, Falana
stated.
Besides, the learned silk noted that the press conference by
Kaduna State Urban Planning Development Agency is an
afterthought.
Nairalaw recalls that the Director-General of the Kaduna
State Urban State Urban Planning Development Agency, Mr Ismail
Umaru-Dikko, had earlier stated that Asher Lounge, the purported
venue of a sex party, was demolished because the property had no
building permit.
Besides, the DG added that the property has been found wanting
in violating COVID-19 protocols.
He said, “Since this enforcement action, much of the commentary
on the matter has centred on the inaccurate statement from
KASUPDA’s Twitter account.
“While regretting the inaccuracy of the handler of our social
media account, there is no reservation about the steps taken
pursuant to enforce the laws and regulations of Kaduna State on
property that was in violation of its provisions.
“Since March 26, 2020, the Coronavirus Disease (COVID-19)
Partial Lockdown Order 2020 had been in force in Kaduna State.
Although some of the regulations were significantly relaxed in June
2020, they were tightened again in December 2020 in response to a
second wave of COVID-19 infections.
“Indications that an activity in violation of the COVID
regulations was planned to be held in Asher Lounge drew attention
to the property and made it necessary to examine the status of the
building.
“Checks of government records showed that the building housing
Asher Lounge has neither a valid title nor development permit.
“Once due diligence revealed the illegal status of the building,
there was the need for enforcement action without the notification
requirements that the law compels for holders of valid titles and
development permits.”
Human Rights Activist, Mr Femi Falana (SAN), has stated that the
Kaduna State Government had infracted Kaduna State Urban and
Regional Planning Law, 2018, in the demolition of a building
purportedly said to host a sex party in the State.
He noted that the provision of Section 79 of the Kaduna State
Urban and Regional Planning Law, 2018 was not complied with in the
demolition of Asher Lounge, the venue of the aborted sex party.
Falana said the Law that was signed into Law by the Governor of
Kaduna State, Mallam Nasir El-Rufa’i in 2018, was infringed by the
Governor himself.
Falana contends vehemently that it is illegal by virtue of the
Law, for the government or any of its institutions to demolish a
building without prior notice or giving room for fair hearing.
“The law which was signed by El-Rufai in 2018 does not allow for
demolition without a notice. Section 79 of the law is clear. No
governor has the right to authorise a demolition of the property of
anyone.
“The governor cannot be the accuser, the prosecutor, the judge
and the executor the judgment. All the states in Nigeria have
similar laws, whether in Rivers or Lagos. None has the power to
pull down the property of any citizen who has not been given the
opportunity of making a representation.
“No one is in support of sex parties taking place in the country
but anyone found wanting should be arrested and prosecuted
according to the law. They should have prosecuted those accused of
committing the offence and not pulled down the building”, Falana
stated.
Besides, the learned silk noted that the press conference by
Kaduna State Urban Planning Development Agency is an
afterthought.
Nairalaw recalls that the Director-General of the Kaduna
State Urban State Urban Planning Development Agency, Mr Ismail
Umaru-Dikko, had earlier stated that Asher Lounge, the purported
venue of a sex party, was demolished because the property had no
building permit.
Besides, the DG added that the property has been found wanting
in violating COVID-19 protocols.
He said, “Since this enforcement action, much of the commentary
on the matter has centred on the inaccurate statement from
KASUPDA’s Twitter account.
“While regretting the inaccuracy of the handler of our social
media account, there is no reservation about the steps taken
pursuant to enforce the laws and regulations of Kaduna State on
property that was in violation of its provisions.
“Since March 26, 2020, the Coronavirus Disease (COVID-19)
Partial Lockdown Order 2020 had been in force in Kaduna State.
Although some of the regulations were significantly relaxed in June
2020, they were tightened again in December 2020 in response to a
second wave of COVID-19 infections.
“Indications that an activity in violation of the COVID
regulations was planned to be held in Asher Lounge drew attention
to the property and made it necessary to examine the status of the
building.
“Checks of government records showed that the building housing
Asher Lounge has neither a valid title nor development permit.
“Once due diligence revealed the illegal status of the building,
there was the need for enforcement action without the notification
requirements that the law compels for holders of valid titles and
development permits.”