Banire’s mother files suit against Lagos over ‘planned’ demolition of home

Sarat Banire, mother of Muiz Banire, national legal adviser of the All Progressives Congress (APC), has filed a suit against the Lagos state government over the planned demolition of her home.

On Wednesday, Banire said Lagos threatened to pull down the home of his mother if a building permit was not provided in 24 hours.

But Anifowose Wasiu Abiola, commissioner for physical planning and urban development, said the notice served on Banire’s mother’s home was a request for building permit and not demolition.

In a letter addressed to the Lagos attorney-general, Festus Keyamo, counsel to Banire’s mother, said the state government should desist from “any further interference” with his client’s property.

“We are lead counsel to Alhaja Sarat Banire. Kindly find attached to this letter court processes in respect of Suit No. FHC/L/CS1736/2017: Alhaja Sarat Banire v. Attorney-general of the federation and minster for justice and 3 Ors. In summary the above suit is a challenge to the expressed intention of the Lagos state government to demolish property of our client at No.24A, Remi Fani-Kayode street, GRA, Ikeja, Lagos state,” the letter read.

“We therefore kindly draw your attention to the pendency of the said action together with the motion on notice for interlocutory injunction to restrain the Lagos state government from carrying out the planned demolition.

“It is imperative to realise that the pendency of the above-mentioned suit necessitates that all parties must maintain the status quo and not to engage in any act that would foist a fait accompli (state of helplessness) on the Court. This point was emphasised by the Court of Appeal in the case of Ezegbu v. F.A.T.B. [1991] 1 NWLR (Pt. 220) 669 at 725 para C where Tobi, JCA (as he then was) relying on the earlier decision of the Supreme Court in Governor of Lagos State v. Chief Ojukwu [1986] 1 NWLR (Pt. 18) 621.

“In view of the above, we respectfully urge you, sir, as a senior member of the bar and on the strength of the above-referred authorities, to prevail on the Lagos state government, which you represent as the chief law officer, to desist from any further interference with our client’s property at 24A, Remi Fani-Kayode Street, GRA, Ikeja, Lagos state pending the hearing and determination of the motion for interlocutory Injunction in the above mentioned matter.

“The motion in question has already been served on your office, and a copy also accompanies this letter. This is the only way we can preserve the dignity, authority and sanctity of our courts. To do otherwise would be an invitation to chaos in our society.”