Trade Fair demolition: Brazen abuse of power – Lagos lawyer

By Emma Nnadozie, Crime Editor

Last Thursday, bulldozers and heavy work vehicles belonging to Lagos authorities authorities descended connected precocious emergence buildings astatine the Lagos International Market popularly called Trade Fair complex. They ended up leveling the buildings including people’s spot worthy billions of naira. Cries of anguish and sorrow rented the aerial and helpless traders whose livelihoods depended connected the destroyed edifices stood dejectedly watching their investments reduced to rubles. While outraged Nigerians condemned the act, the authorities authorities claimed it was enforcing its mandate to enforce carnal readying instrumentality of the state.

A Lagos based ineligible practitioner conversant with some the root and improvement of the complex, Barrister Martin Okpaleke spoke with Vanguard implicit the development.

Excerpts:

Trade Fair Board answerable to FG

By virtuousness of Lagos International Trade Fair Complex Management Board Act, 1977, Chapter (CAP) L12 of the 2004 variation of the Laws of the Federation of Nigeria, the Complex Management Board is simply a statutory assemblage established by and answerable to the Federal Government of Nigeria done the Federal Minister of Industry, Trade and Investments.

It is besides a Federal Government endeavor nether the provisions of the Public Enterprises (Privatization and Commercialization) Act, and present the Bureau of Public Enterprises (BPE) and the National Council connected Privatization (NCP) some created nether that enactment, are successful focus.

Claims by Lagos state government

It is understood that the Lagos State Government, successful carrying retired the precise arguable demolitions, claims to person acted pursuant to a 2003 judgement of the Supreme Court of Nigeria successful the lawsuit of Attorney General of Lagos State versus Attorney General of the Federation.

To enactment things successful their due perspective, it is indispensable to authorities close distant that the supra determination of the Supreme Court did not specifically authorize oregon validate the highly arguable demolitions carried retired by the Lagos State Government astatine the Complex.

Supreme Court decision

What the Supreme Court decided successful that lawsuit is that: Urban and determination readying and carnal improvement successful Lagos State are residual matters, falling nether the exclusive legislative and enforcement powers of Lagos State Government and not the Federal Government. The aforesaid applies to different states and their respective governments; The Federal Government’s Urban and Regional Planning Act, by the Supreme Court’s decision, became void to the grade that it seeks to use extracurricular the Federal Capital Territory, Abuja to the assorted States successful the country.

While the Federal Government, done the National Assembly, mislaid the powerfulness to legislate connected carnal readying matters extracurricular the Federal Capital Territory, idiosyncratic states, including Lagos State, gained autonomy implicit their carnal improvement strategies and onshore usage planning. The determination of the Supreme Court did not spell beyond the foregoing and neither did it specifically authorize the Lagos State Government to spell into the Trade Fair Complex and demolish backstage oregon Federal Government spot wrong the complex. The apex tribunal surely did not see oregon void oregon nullify either the Lagos International Trade Fair Complex Management Board Act oregon the Public Enterprises (Privatization and Commercialization) Act some of which stay extant. It is not wide to what extent, if any, the Lagos State Government engaged the absorption of the Lagos International Trade Fair Complex Management Board, the absorption of the Bureau of Public Enterprises, the National Council connected Privatization chaired by the Vice President of Nigeria oregon the Federal Minister of Industry, Trade and Investments earlier seemingly invading this Federal Government spot and carrying retired the demolitions.

If reports and statements attributed to officials of the Lagos State Government successful the mainstream and societal media are to beryllium believed, it appears that the demolitions were unilateral actions taken by the State Government without engagement with the Federal Government of Nigeria and its applicable agencies, peculiarly the Lagos International Trade Fair Complex Management Board which is some the statutory and besides contractual landlord of th...