Court Declare Lagos State Demolitions Illegal - Politics (2) - Nairaland
Nairaland Forum › Nairaland General › Politics › Court Declare Lagos State Demolitions Illegal (2449 Views)
| Re: Court Declare Lagos State Demolitions Illegal by aribisala0(m): 10:55am On Oct 08, 2025 |
shortgun:The Shangisha Magodo case happened under the Military government The Ojukwu case happened under the Military government. There was no demolition involved. At best it can be sympathetically described as victimisation for his role in the civil war The NIWA case is not in anyway related to the trade fair case and is specific to jurisdiction over waterways between the Federal Government and the States With regard to the trade fair there is a different court case for which I shall provide a citation separately |
| Re: Court Declare Lagos State Demolitions Illegal by aribisala0(m): 11:00am On Oct 08, 2025 |
shortgun:Case Summary Case Title: Attorney-General of Lagos State v. Attorney-General of the Federation (2003) 12 NWLR (Pt. 833) 1 Citation: SC.353/2001 Court: Supreme Court of Nigeria Date: 2003 Parties: Lagos State (plaintiff) vs. the Federal Government of Nigeria (defendant) Facts of the Case: The Federal Government established and maintained several agencies operating in Lagos State, including the Federal Environmental Protection Agency (FEPA), the Federal Housing Authority (FHA), and Town Planning authorities. The Lagos State Government (LASG) argued that the Federal Government was overreaching its constitutional powers by interfering in land use, urban planning, and physical development within Lagos — areas that, according to LASG, fall under residual matters (i.e., within the legislative competence of state governments under the Constitution). Specifically, LASG challenged the Federal Government’s authority to operate federal agencies within Lagos without the consent or approval of the state, and without adherence to Lagos State laws — such as planning laws, building approvals, etc. Issues for Determination: Does the Federal Government have the power to control urban and regional planning in a state territory? Can the Federal Government establish and operate agencies or undertake development projects on state land without complying with state laws? Supreme Court's Decision: The Supreme Court ruled in favour of Lagos State. The court held that urban and regional planning is a residual matter under the Nigerian Constitution — meaning that states have exclusive power to legislate and control it within their territories. The Federal Government cannot exercise powers in respect of town planning or land use within a state unless: It is acting on federal land (i.e., land validly acquired for federal purposes under the Land Use Act), or It complies with the state's laws and procedures (e.g., obtaining building permits, following planning regulations). The Federal Government and its agencies must comply with Lagos State laws when dealing with planning and development within Lagos — they are not exempt. 🔹 Implications of the Case ✅ 1. Reaffirmation of State Autonomy States have control over land use, urban planning, building regulations, and development control within their territory. The Federal Government cannot act unilaterally in these areas, unless acting on federal land or in accordance with state law. ✅ 2. Federal Agencies Must Comply With State Laws Agencies like the Federal Housing Authority, FCDA, and similar bodies must seek approvals from state authorities for development activities — including building permits, planning consents, etc. No federal “immunity” from complying with such local/state regulations. ✅ 3. Constitutional Interpretation of “Residual Matters” The case clarified that urban and regional planning is not in the Exclusive or Concurrent Lists — it is a residual matter, and hence falls under the legislative power of the states. ✅ 4. Limits to Federal Executive Power The Federal Government cannot use its executive powers to override state legislation in matters outside its constitutional remit. Federal supremacy applies only in matters where the Constitution expressly gives the FG power (e.g., aviation, defence, customs). 🔹 Relevance to Building Approval In light of this case: LASG (or any state government) has constitutional authority to issue or deny building approvals within its territory. |
| Re: Court Declare Lagos State Demolitions Illegal by Ttalk: 11:02am On Oct 08, 2025 |
Whao it's not even today that IPOB is being humiliated, This caption caught my attention Chief Emeka Odumegwu Ojukwu had secured an ex parte interim injunction restraining the Lagos State Government from ejecting him from his legal residence. Despite this clear court order, the Lagos State Government defied the order and sent about 150 armed men to forcibly eject Chief Ojukwu, his family and other occupants while the suit was still pending in court. IBenjamen Adekunle did it with Biafra, Lagos state government still evicts Ojukwu, Che na headless Obidients go come difficult to serve their breakfast? Dem go collect wotowoto |
| Re: Court Declare Lagos State Demolitions Illegal by Ttalk: 11:08am On Oct 08, 2025 |
shortgun:Oga go and read land use act, and stop embarrassing yourself |
| Re: Court Declare Lagos State Demolitions Illegal by aribisala0(m): 11:20am On Oct 08, 2025 |
shortgun:Attorney-General of Lagos State v. Attorney-General of the Federation (2003) 12 NWLR (Pt. 833) 1 Court: Supreme Court of Nigeria Date: May 13, 2003 Citation: SC.353/2001 Parties: Plaintiff: Attorney-General of Lagos State Defendant: Attorney-General of the Federation Facts The Federal Government, relying on Decree No. 88 of 1992 (Urban and Regional Planning Decree), issued building permits and approvals for physical development on lands within Lagos State classified as federal lands, without the consent of Lagos State Government. Lagos State challenged this, arguing that the Federal Government’s action violated the constitutional division of powers and that the state’s consent was necessary. Legal Issues Is urban and regional planning a matter within the exclusive or concurrent legislative lists, or is it a residual matter? Does the Federal Government have the constitutional power to regulate urban planning, including granting building permits on federal land within a state, without the state’s consent? Is Decree No. 88 of 1992 consistent with the 1999 Constitution of Nigeria? What are the limits of federal authority over federal lands within a state concerning physical development? Supreme Court Decision The case was decided by a 7-judge panel, with a majority of 4 judges in favor of Lagos State and 3 dissenting judges supporting the Federal Government. The majority ruling held: Urban and regional planning is a residual matter, meaning it is not listed in the Exclusive or Concurrent Legislative Lists under the 1999 Constitution. Since it is residual, urban planning falls under the jurisdiction of state governments. Decree No. 88 of 1992 is unconstitutional to the extent that it empowers the Federal Government to regulate physical development or grant building permits within the states without state consent. Therefore, the Federal Government cannot issue building approvals on federal land within a state without obtaining consent from the state government. The dissenting minority argued for a broader interpretation of federal power, emphasizing the Federal Government’s ownership and sovereign rights over federal lands, including development control, but they were overruled. Implications Reaffirmation of Federalism: The decision reinforces state autonomy over urban planning and land use within their territories, limiting the Federal Government's unilateral power in these areas. Limits on Federal Power: Federal agencies must coordinate with state governments and obtain their consent before issuing building permits or approvals for developments on federal lands situated within states. Constitutional Supremacy: The ruling emphasized that laws or decrees made under military regimes, like Decree 88 of 1992, must align with the democratic 1999 Constitution, or else they are invalid. Legal Precedent: This case is a key precedent in Nigerian constitutional law, clarifying the scope of residual powers and federal-state relations in land and urban development governance. Summary Aspect Holding Number of Judges 7 Majority Decision 4-3 Urban & Regional Planning Residual matter, under State jurisdiction Decree 88 (1992) Unconstitutional to extent it grants Federal planning powers in States Federal Building Approvals Must obtain State consent on Federal land within States |
| Re: Court Declare Lagos State Demolitions Illegal by shortgun(op): 11:49am On Oct 08, 2025 |
Putinofrussia:To think that federal purposes only mean correctional centres,FG radio outlets,FG fire fighters is very myopic. Where do you place schools, transmission stations,sports stadiums, museums, ITF and SMEDAN centres,national trade exhibition centers Any land owned and occupied by the Federal government has a federal purpose |
| Re: Court Declare Lagos State Demolitions Illegal by Coldspice: 11:50am On Oct 08, 2025 |
shortgun:Must they type in Igbo before it can enter your head? Go and read the second judgment I sent you the link. |
| Re: Court Declare Lagos State Demolitions Illegal by aribisala0(m): 11:56am On Oct 08, 2025 |
Implications of the Supreme Court Judgment on the Demolitions The demolitions are firmly grounded in the Supreme Court ruling in Attorney-General of Lagos State v. Attorney-General of the Federation (2003), which clearly affirmed the exclusive authority of the Lagos State Government over urban planning and physical development within its territory. Key points from the judgment relevant to the demolition include: The Federal Government does not have authority to regulate urban planning or issue permits for physical development within Lagos State without Lagos State Government's consent. Any federal permits issued for developments in Lagos that lack state approval are invalid. The Lagos State Government has the constitutional mandate to regulate and enforce physical planning laws, including demolishing illegal or unauthorized structures. Therefore, despite the Trade Fair Complex being on federal land, the Supreme Court judgment empowers Lagos State to regulate developments there and enforce compliance with planning laws. The state government’s position is that structures demolished lacked necessary planning permits or were built in violation of urban planning regulations (e.g., on road setbacks, drainage channels), justifying the demolitions. Controversy and Legal Considerations Some traders argue they had federal approvals for their buildings and claim the demolitions are unfair and damaging to their investments. However, the Supreme Court decision reinforces that state approval is indispensable, and federal permits alone do not legitimize developments. The demolitions, therefore, represent Lagos State exercising its constitutionally protected regulatory role. Conclusion The 2003 Supreme Court decision empowers Lagos State to enforce urban planning laws, including conducting demolitions of unauthorized structures, even on federal land. The recent demolitions at the Trade Fair Complex were carried out by Lagos State agencies based on this authority. Any affected parties disputing the demolitions on the grounds of having federal permits may face challenges in court unless they can prove they also complied with Lagos State’s planning requirements. |
| Re: Court Declare Lagos State Demolitions Illegal by aribisala0(m): 12:29pm On Oct 08, 2025 |
Putinofrussia:There is no ambiguity Those are for private commercial purposes They are not federal purposes by any stretch e.g military installations, or other federal facilities |
| Re: Court Declare Lagos State Demolitions Illegal by Putinofrussia: 12:32pm On Oct 08, 2025 |
aribisala0:Apt. Some of them do not understand simple English words. |
| Re: Court Declare Lagos State Demolitions Illegal by Putinofrussia: 12:35pm On Oct 08, 2025 |
shortgun:Those are private commercial buildings.It has gone beyond the scope of the Federal Government Purposes. Why don't you understand simple english? |
| Re: Court Declare Lagos State Demolitions Illegal by Lanretoye(m): 1:54pm On Oct 08, 2025 |
shortgun:go and buy land there and build without approval…what you cannot do in anambra,come and do it here.go and interpret this same crap to the people whose buildings were demolished maybe they will understand. Building blocks you do t know how to buy but law for those that are building,you carry misinformation for head like woman scarf. All these rubbish made your people lose their hard earned money to useless stubbornness that you can not display in the south east |
| Re: Court Declare Lagos State Demolitions Illegal by aswani(m): 4:48pm On Oct 08, 2025*. Modified: 6:58am On Oct 15, 2025 |
Putinofrussia:The scary thing is that the Obidient sounds so plausible yet his words are steeped in tribal falsehood. No doubt a less smarter Obidient will take their words and run hard with them not realising they too are making themselves look bad. |
| Re: Court Declare Lagos State Demolitions Illegal by shortgun(op): 5:23pm On Oct 08, 2025 |
Lanretoye:Cry all you want but illegality is illegality. Just like every victim of Lagos state lawlessness in the past got justice at the end. These ones too will definitely get justice with full compensation. |
| Re: Court Declare Lagos State Demolitions Illegal by shortgun(op): 6:22pm On Oct 08, 2025 |
Putinofrussia:You are wrong! The Lagos International Trade fair complex is not your everyday market or a private commercial building. It is a deliberate federal government policy instruments established to achieve clear national objectives. Main purposes of federal trade-fair complex: — provide a central venue for exhibitions, trade fairs and expos where local manufacturers, artisans and exporters showcase goods and services. — create platforms for industries to display innovations, machinery and new technologies. — connect small and medium enterprises with buyers, financiers and distributors. — serve as training and incubation centres for entrepreneurship and industrial skills. — host government industrial programs, pilot projects and product demonstrations. Attached is an advertisement by the Bureau of Public Enterprises (BPE) inviting qualified concessionaires/facility managers to manage the Lagos International Trade Fair Complex in 2006 on behalf of the federal government. I suggest you read it carefully, the content of that advert will clear up much of your confusion about the true nature and ownership of the complex. https://www.bpe.gov.ng/lagos-international-trade-fair-complex/
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| Re: Court Declare Lagos State Demolitions Illegal by Lanretoye(m): 7:02am On Oct 09, 2025 |
shortgun:keep living your delusional life,the only justice you get is hypertension |
| Re: Court Declare Lagos State Demolitions Illegal by Burob: 10:41am On Oct 09, 2025 |
shortgun:I doubt any Justice will be served or compensation will be received, if they are not careful they will be fined heavily for their illegality, the land use act which is enshrined in section 315(5) &(6) of the constitution 1999 as amended says for overriding public interests, building shops or whatever for personal use on federal land is not for overriding public interests. aribisala0, Putinofrussia, aswani, lanretoye & Co are correct. |
| Re: Court Declare Lagos State Demolitions Illegal by shortgun(op): 11:13am On Oct 09, 2025 |
Burob:It's very clear you have limited knowledge on this subject. See the sections you are quoting, how do they relate? |
| Re: Court Declare Lagos State Demolitions Illegal by Burob: 11:19am On Oct 09, 2025 |
shortgun:It is always the ones like yourself that have nothing, that will always purport to make the loudest noise. Lagos State government, will not give them 1 Naira, & if the Lagos state government catches any of them so called owners near those demolished properties, na police cell for festac town dey go sleep. |
| Re: Court Declare Lagos State Demolitions Illegal by shortgun(op): 11:27am On Oct 09, 2025 |
Burob:Exactly what many like you said in the past when the same Lagos state government illegally demolished houses which the courts later reversed and fully compensated victims of the state's lawlessness. It has happened before and it will happen again. |
| Re: Court Declare Lagos State Demolitions Illegal by Burob: 11:31am On Oct 09, 2025 |
shortgun:Not all cases are the same, no matter how similar they may be perceived to be, the Lagos state government has lost so many cases, & have won so many also. U don’t want to be in the shoes of these persons who their properties were demolished, the Lagos state government will frustrate them, u don’t want to be a victim of Alausa, most especially if u are igbo. |
| Re: Court Declare Lagos State Demolitions Illegal by Lifestone(m): 11:34am On Oct 09, 2025 |
SeeWahala:I'm not sure if the last paragraph is relevant to Yorubas, we were not in GEJ and Buhari government and heaven did not fall, we were not traumatized, so if by 2027 we lost, heaven will not fall, we will reorganize and come back. We are not cry cry baby |
| Re: Court Declare Lagos State Demolitions Illegal by Burob: 11:38am On Oct 09, 2025 |
Lifestone:And the irony, is that they are not losing in 2027. It is impossible for President Tinubu to lose in 2027. |
| Re: Court Declare Lagos State Demolitions Illegal by shortgun(op): 11:38am On Oct 09, 2025 |
Burob:So, what you’re saying is that there’s a state-backed victimization of Igbo people by the Lagos State Government. Ah, so Lagos has moved from Center of Excellence to Center of Selective Demolition. Thanks for clearing that up.😏 |
| Re: Court Declare Lagos State Demolitions Illegal by Burob: 11:46am On Oct 09, 2025 |
shortgun:Dude me I am not Yoruba, I live in Lagos State, as well as Delta State, just as many Igbos have a bias against Yorubas, so many Yorubas have against Igbos. If u are Igbo & fall victim, & go with your chest out to Alausa to make noise, most likely u will be frustrated in a manner, one would have no option only, but have pity for u. |
| Re: Court Declare Lagos State Demolitions Illegal by Lanretoye(m): 12:01pm On Oct 09, 2025 |
shortgun:you only have knowledge about sections of the law,you have no idea what is required to build a house…I won’t be fool for nothing |
| Re: Court Declare Lagos State Demolitions Illegal by shortgun(op): 12:30pm On Oct 09, 2025 |
Burob:So your message is that if you’re Igbo, don’t expect to get justice in Lagos state? You’ve just confirmed it’s no longer about the law, but about identity. Well, for the record, the Nigerian Constitution which every governor swore to uphold forbids discrimination against any citizen of Nigeria. Singling out Igbos or any ethnic group is no longer governance, it’s illegality and a direct affront to the Constitution |
| Re: Court Declare Lagos State Demolitions Illegal by Burob: 12:33pm On Oct 09, 2025 |
shortgun:Guy whatever conclusion u choose to draw, na your prerogative. |
| Re: Court Declare Lagos State Demolitions Illegal by shortgun(op): 12:34pm On Oct 09, 2025 |
Lanretoye:Measuring dicks on social media is not my thing |
| Re: Court Declare Lagos State Demolitions Illegal by aribisala0(m): 1:10pm On Oct 09, 2025 |
shortgun:And you are Professor or SAN Umahi Don't quote me to engage in ego tussles I have said what needs to be said Don't drag me into transparent and childish attempts to resuscitate a meaningless thread |
| Re: Court Declare Lagos State Demolitions Illegal by shortgun(op): 1:47pm On Oct 09, 2025 |
aribisala0:See this one and delusions abeg ![]() You quote me and still giving conditions? As who? I'll continue to quote you as long as I want. You don't detect shit to me here |
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