AMOSUN:: DEMOLITION OF PROPERTIES IN THE STATE

I got this mail from a blog visitor tagged @cremelawyer please help the helpless, please read below.

DearLawyer,
                   I'm Wale Anjorin by name, I want to bring to your notice the infringement on our right by the current administration in Ogun state under SIA, since January 2013 on the 14th precisely my grandmother's house
was demolished in the cause of massive road expansion we've follow all processes to get compensated as laid down by ministry of lands, as I write this we are yet to get a dime to serve as a relief or compensation on the house demolished. Series of text messages has been sent to the governor for any assistance but all to no avail, our people has been rendered homeless and had to seek for refuge in an uncompleted building some have no choice than to dwell in shanties. Please any advice or way to avoid a total loss for no just cause. Thanks and God bless.

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Amen to your prayer, i live in Lagos but i have been to some parts of Ogun state before and during this present administration, i can tell you that the present administration is trying to construct major roads in the state, Thank you Mr. Governor and his team but unfortunately people are aggrieved not because they don’t want this development because they were displaced without adequate compensation.

When can Government demolish your house?

The Urban and regional planning law empowers the state governor of every state to order demolition of properties,if the property falls below the standard of building for habitation, when the property pose risk to the people in the vicinity, when he property is blocking major canals, for the development of the area or state and many more.

What are the steps to be taken before demolition of property?

It is the duty of the government though the Urban and Regional Planning ministry in the state to notify the occupiers of the property why they will be demolishing their property and when it will be carried out to enable them look for another house.This can be done by writing them formally or by pasting the notice on a conspicuous part of the building.

What are the rights of the owner of a demolished property?

It is the duty of the government to adequately compensate the owners, an this compensation shall be in the estimated compensation payable to him and incase of property used for human abitation it is the duty of the government to provide them temporary accommodation or financial assistance pending when they will be adequately compensated where there are several properties involved.

Exception to the rule of compensation

In case of a property that did not abide with some requirements of law before erecting a property i.e. without an approved building plan, to erect building on government acquisition with the hope that it would be exercised or released, usage for illegal purpose, encroachment of government land in government scheme area like gas or oil pipelines, high tension cables etc

Our dear Governor Ibikunle Amosun we appeal to you to kindly take all necessary steps to compensate the owners of the demolished buildings in the state, it is the right of every Nigerian enshrined in the 1999 Constitution of the Federal Republic of Nigeria by virtue of Section43, Chapter IV which state that it is their fundamental Right of every citizen of Nigeria to own immovable property anywhere in Nigeria.

We hope to hear or see the steps taken to this effect. Long Live FRN, Long Live OGUN STATE.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL