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The Illegality of unauthorised demolitions in FCT must stop 

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By Sadiq Muhammed


I wish to commend the Inspector-General of Police for his recent warning to officers against participating in unlawful demolitions and land recovery exercises. The IGP’s directive is both timely and necessary, given the alarming rate at which government officials in the Federal Capital Territory (FCT) have taken the law into their own hands in the name of urban renewal.
 
Land recovery and property demolition are serious matters governed strictly by law. Unfortunately, in recent years, some ministers and officials have carried out demolitions without recourse to due process or court orders. A recent example is the altercation involving the current FCT Minister, Nyesom Wike, and a naval officer,an incident that underscores the growing disregard for legality and restraint in the exercise of power.
 
The law is clear on this issue. Section 44(1) of the 1999 Constitution (as amended) guarantees the right of every citizen to acquire and own immovable property. It explicitly forbids the compulsory acquisition or destruction of such property except in accordance with a law that provides for prompt compensation and access to the courts for redress.
 
Similarly, the Land Use Act, Cap L5, Laws of the Federation of Nigeria 2004, provides detailed procedures for revocation and recovery of land. Under Sections 28 and 29, the Minister (who exercises powers of the Governor in the FCT) must first establish that the land is required for an overriding public interest, issue proper notice to the occupier, and ensure that compensation is duly paid. Demolition without fulfilling these legal conditions is not only unlawful but also unconstitutional.
 
The courts have consistently condemned such acts of impunity. In Ojukwu v. Military Governor of Lagos State (1986) 3 NWLR (Pt. 26) 39, the Supreme Court famously held that “no government or authority is entitled to take the law into its own hands and dispossess a person of his property without due process.” Likewise, in Adeniran v. Alao (1992) 2 NWLR (Pt. 223) 350, the Court of Appeal reaffirmed that demolishing property without lawful authority constitutes a violation of the right to fair hearing and ownership.
 
It is therefore both illogical and unjust for FCT authorities to issue valid land titles or building approvals to citizens and later turn around to unilaterally revoke or demolish those same properties. Such arbitrary actions erode public trust and weaken confidence in government institutions.
 
The FCT Administration must set an example by adhering strictly to the rule of law. Before any property can be demolished, the relevant authorities must approach the courts, establish that the property was illegally acquired or developed, and obtain a valid court order authorizing such demolition. Anything short of this process amounts to abuse of office.
 
I once again commend the IGP for standing on the side of the law. Police officers must resist being used as tools for illegal demolitions or land grabs. For those who ignore this warning, they should be prepared to face lawsuits and disciplinary actions.
 
As a nation, we must end this culture of illegality and impunity in public administration. The rule of law must prevail, or we risk driving citizens to seek justice by taking the law into their own hands a path no democratic society should ever tread.

Muhammed can be reached at [email protected]

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