- Lagos Attorney General Denies Flouting Court Order Over Oworonshoki Demolitions
- Pedro stressed that government agencies cannot act on verbal notice of a court decision
- Pedro insisted that the state acted lawfully and in good faith
The Lagos State Attorney General and Commissioner for Justice, Mr Lawal Pedro (SAN), has denied claims that the state government defied a subsisting court order by continuing the demolition of houses in Oworonshoki, describing the allegation as “false and unfair.”
Eko Hot Blog reports that while speaking to journalists in Lagos on Tuesday, Pedro said no court order was served on any agency of the state government before the latest phase of the demolition, contrary to reports suggesting that the operation violated a restraining injunction obtained by some residents.
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“As of today, I am aware of the court order they are referring to. However, before the demolition exercise they are complaining about, that order was not served on any government agency. I believe it was endorsed on Friday, 24 October — the same day the demolition took place. Even if the order was obtained that day, could it have been served on a Saturday? As at that time, no government office was aware of any such order,” Pedro explained.
The Attorney General stressed that government agencies cannot act on verbal notice of a court decision, adding that until formal service of process is completed, the government cannot be accused of contempt.
“If there has been any order said to have been violated, my position is that no such order was brought to the attention of any government agency before the act being complained about,” he said.
Pedro further criticised what he described as the misuse of court processes to obstruct public policy, arguing that some litigants were now using the judiciary “as an instrument of oppression,” even when the government had shown restraint.
He revealed that the Oworonshoki demolition had begun almost a month earlier but was temporarily suspended on the directive of Governor Babajide Sanwo-Olu to allow residents time to relocate.
“The demolition started almost a month ago and was stopped on the governor’s directive. The people were thereafter compensated to enable them to relocate. The case they now refer to was not even filed until recently, despite their prior knowledge of government’s plan to clear the area. They only went to court belatedly, possibly using the same compensation funds to engage lawyers and sue the government,” he alleged.
Pedro said he had reviewed a copy of the interim injunction, describing it as a pre-emptive ex parte order obtained without the government being heard.
“The order itself only stopped further demolition, which means demolition had already started. It was obtained ex parte the government was not in court, and we were not part of the proceedings before the order was made, in breach of the principle of fair hearing,” he stated.
He also confirmed that, as of the time of the interview, his office listed as the first defendant had not been formally served.
“I was away in Akure for an official assignment over the weekend, but I called my office to confirm. As I speak, no order has been served. If indeed there is an order, it should be served on the Attorney General first. That has not been done,” he clarified.
Pedro added that those alleging illegal demolition must first prove ownership and compliance with building regulations before seeking redress.
“None of the people condemning the government has asked whether any of the demolished properties had valid building approvals. If you build without approval, the law is clear such structures are illegal and subject to demolition. We must stop using public sentiment and the media to justify illegality,” he said.
Citing recent building collapse incidents, Pedro argued that the government must act decisively against illegal developments to prevent further tragedies.
He explained that while part of the Oworonshoki land falls under a government scheme, another section had been excised to the Oba’s family.
“If the structures are within the excised land given to the Oba’s family, it would be wrong for the government to enter. But if they are within government-acquired land, then the government has every right to act. Anyone claiming ownership must present title documents and approved building plans,” he said.
Describing the public criticism of the demolition as “unfair and sentimental,” Pedro insisted that the state acted lawfully and in good faith.
“The government has not deliberately flouted any order. The narrative that we disobeyed the court is false. What we are witnessing is an attempt to blackmail the government for enforcing the law,” he concluded.
The demolition of houses in Oworonshoki has sparked public outrage, with some residents alleging that the exercise violated a court injunction. However, the Lagos State Government maintains that the operation targeted illegal structures built without approval on government-acquired land, and that compensation was paid to affected persons.
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