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Appeal court adjourns hearing of demolition suit to June 16

THE Lagos division of the Court of Appeal, has adjourned the hearing of wrongful  demolition of houses in the Atinporomeh Community, Araromi Ale Extension Community and Mowo phase 2 Community in Badagry area of Lagos state to June 16, 2015. 

The presiding Justice, Amina Augie adjourned the suit when the appellant’s counsel, Declan Kemdirim informed the court that there was no evidence that the respondents were served with notice of appeal when the matter was called up.

The appellant’s are dissatisfied with the ruling of the lower court delivered by Justice ‎Yetunde Adesanya of a Badagry High Court. 

The appellant’s said the lower court erred in declining jurisdiction to entertain their suit which had commenced vide the fundamental rights enforcement procedure Rules, 2009, on the ground that the appellants claim is intertwined with the issue of title to land which does not fall within the confines of chapter 4 of the constitution of Federal Republic of Nigeria 1999 as amended which contains the fundamental rights of citizens.

The appellant’s are Charles Adu, Joshua Medepo, Godwin Ogungbe, Oluseyi Adeleye, Alao Alapanla, Johnson Adebiyi, Justice Ovemurai, Afolabi Olukoya, Ibrahim Adedeji, Kolawole Adewumi, Edun Talabi, Joseph Onwueka and Joseph Ibukun.
Others are: Adebayo Oke, Olanipekun Ayanleye, Sylvester Enebeli, Shittu Abdullahi, Afolabi Kehinde, Ahmeed Alade, Iwueze Emmanuel, Oladimeji Oluwaseun, and Martha Adeogun. 

And joined as respondents are the Inspector General of Police; Commissioner of Police, Lagos State; the Area Commander, Area K Police Command; Ministry of Police Affairs, and the Lagos Task Force on Environment and Special Offences.

Other respondents are the Lagos State Ministry of Physical Planning and Urban Development; the Lagos State Lands Bureau; the Attorney-General of Lagos State and the Attorney-General of the Federation.

The appellants are ‎asking for a N100billion, general damages for the unlawful and wrongful invasion and demolition of the appellants houses on December 16, 2013 at about 4.30 a.m., in which  over 100 armed police officers from the Lagos State Task Force, put the community under siege and began to pull down their houses with bulldozers.

“Over 1500 houses were demolished, while a six-months old baby was killed in one of the houses demolished,’’ they alleged.

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