Lagos-based human rights lawyer, Mr. Femi Falana, SAN, has stated that the government has no constitutional right to demolish structures without a court order, as he addressed the ongoing Owode Onirin case.
Falana spoke on Thursday after an Ikeja High Court, presided over by Justice Savage, adjourned the matter involving Owode Onirin Motor Spare Parts Sellers and the Lagos State Government to February 26, 2026.
“My application to be joined in the matter has been adjourned to February 26, 2026. We operate a neo-colonial capitalist system that has no room for the poor. What is happening in Lagos State is a war against the poor,” Falana said.
He emphasized that the right to own property is guaranteed under the 1999 Constitution, noting that the spare parts sellers were not parties to the original judgment in the suit but were later added during execution. His clients had approached the court to set aside the judgment, and the respondents filed a counter-affidavit requesting an adjournment.
Falana described the demolition exercises as selective enforcement of planning laws, arguing that while the wealthy can regularize violations, the poor face bulldozers and eviction without due process.
“No property can be demolished in Lagos without a court order, just as no tenant can be evicted without a court order. The Ministry of Physical Planning cannot decide to demolish someone’s house from its office. The court must first determine whether the law has been violated,” he said.
Citing the Oworonsoki incident, Falana alleged that government officials ignored court orders, deployed bulldozers at night, tear-gassed residents, and demolished homes, schools, and hospitals.
He argued that rendering people homeless has no place in a civilized society, noting that even military regimes did not permit such actions. He added that the Owode Onirin land was allocated in 1979 by the late Governor Lateef Kayode Jakande to traders relocated from Lagos Island.
“Without notice, bulldozers were deployed, people were injured and brutalized,” Falana said.
Speaking on behalf of the traders, Mr. Abiodun Ahmed, Chairman of Owode Onirin Motor Spare Parts Sellers, said:
“Our expectation is that government will give us our place back. Our people suffered greatly. All my shops were demolished, but we must follow due process.”
The court previously ordered parties to respond to affidavits served and advised the traders to send representatives on the next adjourned date instead of appearing in large numbers.
Falana had earlier sought to be joined in the suit in October, arguing that there was no basis for settlement following the reported killing of six traders by suspected hoodlums after the demolition.
