A significant majority of properties marked for demolition on the Ojoo-Akinyele interchange in the state capital by the Seyi Makinde-led administration were approved by the state government, OYOINSIGHT.COM can exclusively report.
Recall that on Monday, this newspaper reported that the state government wants to demolish over 300 properties on the Ojoo-Akinyele axis of Ibadan without paying compensation.
Responding to this development, which was first exclusively reported by OYOINSIGHT.COM, the Ministry of Public Works and Transport claimed that the exercise is in consonance with the Federal Ministry of Works’ position on the Right of Way of federal roads and bridges across the country.
The Ministry, in a statement signed by Professor Dahud Kehinde Shangodoyin, said that the Ojoo-Akinyele Interchange falls within the Right of Way, adding that the Federal Ministry of Works had specifically warned the general public not to tamper with the Right of Way, covering 45.72m on either side of a federal road or bridge’s caterline as enshrined in the Federal Highway Act, Cap 135.
The Ministry added that the controversy over the role being played by the Oyo State Government should not have arisen, as the state government was only given an approval to construct the Ojoo-Akinyele interchange road and that the ownership of the road and all the extant rules about the Right of Way remained within the purview of the Federal Government.
However, the claim made by the state government contravened evidence exclusively provided by affected residents to this newspaper.
A review of these evidence showed that owners of a significant number of the marked structures hold registered survey plans duly approved by the Oyo State Government and the building plans with EIA report for these structures were duly approved by the Oyo State Bureau of Physical Planning and Development Control.
Approved plan for one of the marked structures by the state government
The grievance of many affected residents who spoke with OYOINSIGHT.COM is that since the state government approved these structures, it can’t suddenly turnaround to describe them as illegal.
“It is important to educate Professor Shangodoyin on the position of the law with respect to ownership of land as well as urban and regional planning (or town planning) and allied matters. We understand that he’s a mathematician so we urge him to consult his cabinet colleague – the Attorney-General of Oyo State – for legal advice.
“In the locus classicus of Attorney-General of Lagos State v Attorney-General of the Federation (2003) LPELR-620 (SC), the Supreme Court of Nigeria settled the position of the law beyond any shadow of doubt when it held, inter alia, that *urban and regional planning (or town planning) is a residual matter under the 1999 Constitution This categorisation, according to the Supreme Court, vests legislative authority over planning exclusively with state governments*
“In his contributory judgment in the same case, Hon Justice Samson Uwaifo, J.S.C, (as he then was) stated that: *“No argument can defeat or reduce from the general planning legislative power of the House of Assembly of a State, which is a residual constitutional power. It gives the States the exclusive function for the planning, layout and development of their respective areas. Any Act, be it the Federal Highways Act, the Civil Aviation Act, or the Nigerian Railway Corporation Act, which tends or is implemented in a way to tend, to undermine or take away this function of any State or allows the Federal Government to exercise or assume such function is unconstitutional and in appropriate circumstances will be declared so.
”It is our respectful submission that on the authority of the AG Lagos v AG Federation (supra) and the approval granted by BPP&DC of Oyo State, our structures cannot be deemed illegal even under the Federal Highway Regulation attached to the notice served on us,” the affected residents argued in a statement signed by on their behalf by Simiyu Akinboboye.
“We wish to state that we are not averse to the desire of government to dualize the Ojoo-Moniya road but due process of law must be followed in the circumstance. Development, as desirable as it may be, should not come at the expense of the lives and limbs of the society,” the statement added.
