By Milcah Tanimu
The recent demolition of Datkem Plaza, a five-story building in Ijebu Ode, Ogun State, has sparked significant concerns about the rule of law and the exercise of governmental authority in Nigeria. This event highlights a disturbing trend where government actions appear to disregard legal processes and show a lack of respect for court authority. The issue at hand is not confined to Ogun State alone but has been observed in other regions of the country, including Lagos, Kano, and the Federal Capital Territory, Abuja.
Datkem Plaza, owned by Mrs. Yeye Olufunke Daniel, the wife of former Ogun State Governor Senator Gbenga Daniel, was demolished by the Ogun State Government on the grounds that it was an illegal structure lacking an approved building plan. However, Senator Gbenga Daniel strongly refutes these allegations and characterizes the demolition as an act of executive recklessness, lawlessness, and a lack of responsibility.
The sequence of events leading to the demolition began on August 1, 2023, when the government sealed off Datkem Plaza without prior notice. In response, the Plaza requested the unsealing of the property, complying with the government’s demand to pay a mandatory fee of N500,000 on August 2, 2023. Despite these actions, the Ogun State government proceeded with the demolition.
This case is emblematic of a recurring issue in Nigeria where government authorities engage in the demolition of structures deemed “illegal.” While the intention to clear urban areas of unauthorized constructions may seem justifiable, the excessive zeal to address this problem has sometimes led to even greater violations of the law. This unwarranted enthusiasm is described as “executive lawlessness,” a term coined by the late Justice Kayode Eso JSC.
The legal principle at the heart of the matter is clear: when there is an ongoing legal process, and both parties are aware of it, neither party should take actions that alter the status quo ante litem (the state of affairs before the lawsuit) before a final resolution is reached. This principle is well-established under both Common Law and Nigerian law. In the 1986 case of Military Governor of Lagos State & 2 Ors. v. Chief Emeka O. Ojukwu, Justice Obaseki JSC emphasized the importance of allowing legal or judicial processes to run their course once a dispute is brought before the court.
One perplexing aspect of this case is the long history of Datkem Plaza. The structure was constructed and operated for over 20 years with the knowledge of the Ogun State government, which did not classify it as “illegal” during that time. It was only recently that the government abruptly labeled it as such. The delay in asserting the government’s right to demolish the Plaza, legally termed “laches,” should have been sufficient to prevent such an action.
Regardless of the allegations against Mrs. Yeye Olufunke Daniel or her husband, the Ogun State government should not have resorted to self-help or force in resolving this dispute. Resorting to such measures, rather than adhering to the rule of law, sets a dangerous precedent and risks the erosion of the rule of law in the country.
In summary, the demolition of Datkem Plaza in Ijebu Ode raises serious concerns about the rule of law in Nigeria. It exemplifies a pattern of executive overreach and disregard for legal processes that can undermine the integrity of the legal system and the protection of private rights. It underscores the importance of upholding the rule of law and allowing judicial processes to determine the outcome of disputes in a just and fair manner.
