FHA: Setting the Records Straight over  FESTAC Demolition

To counter allegations by concerned stakeholders over the demolition exercise in FESTAC Town Phase 11, the Federal Housing Authority, who posited that these narratives have been tailored towards falsehood with the intention to create mischief of ethnic dimension, said they followed due diligence including an initial compromise that the house owners reneged on. Chiemelie Ezeobi reports 

When the Federal Housing Authority (FHA) moved to sight on November 26, 2023, after marking over 677 houses and 744 others for total and partial demolition, respectively, nothing could have prepared it for the umbrage the exercise would attract. From allegations of politics revenge to ethnic cleansing and even kickbacks, the FHA received severe backlash from the owners of the affected houses and even some Nigerians. 

But the FHA was determined to demolish the multimillion naira houses for several building contraventions, such as false or incomplete documentation, or inappropriate location of the building.

Clarifying Ethnic Colouration 

Reacting to the umbrage the demolition caused, the FHA at different fora, while clarifying their stance, also bemoaned the ethnic colouration that has tainted the entire exercise.

According to FHA Management, having monitored the various statements over the recent demolition of illegal houses in Festac Town Lagos, “these narratives have been tailored towards falsehood with the intention to create mischief of ethnic dimension. Management wishes to put the records straight and correct the erroneous impression of ethnic targeting being peddled by mischief makers, especially those who are serial land grabbers”.

Approved Design for Phase 11

Buttressing their point, the authority said after the development of the first phase of FESTAC Town, FHA designed the second phase with a standard layout for development. However, due to litigation that arose with some families and subsequent court orders, the development was delayed.

Unfortunately, they lamented that the situation was capitalised on by some persons, who started selling parts of the land to individuals. However, on noticing this, they said they quickly placed caveats; warning members of the public not to patronise such illegal transactions. The caveat specifically advised the public to visit FHA offices for legal searches before transacting any business with respect to the land.

“However, the result of those

unscrupulous land transactions was the springing up of many illegal developments, built without approvals and against the Master plan. Houses were built at the center of major roads, very close to the canal with no proper set backs, and very close to Oil pipelines. The area was rapidly developing into a modern slum.” 

Stiff Rebuff of Initial Attempt

According to its account, the initial attempt by the Authority to rectify the anomaly was met with stiff resistance. 

“The Authority’s attempt at checking this was met with heavy resistance. Armed thugs molested and beat up staff on Development Control duties, and in many instances, beaten near to the point of death”. 

In 2018, the Authority said they sought the collaboration of the Lagos State government to provide security and enable staff to enter the site on official duties, adding that even though the team started serving Stop Work orders and eviction notices in 2019, it was not until 2021 that they decided to embark on the demolition of “these illegal and substandard structures that had rapidly sprang up in total disregard to the existing layout, and in defiance of the numerous Stop Work orders that were issued by the Authority”.

Dangers Posed by Illegal Structures

Noting that the immediate decision to embark on the demolition was because of the dangers such illegal structures pose, the Authority said such  substandard buildings under construction in the encroached areas were on swampy land, with large chances of collapse due to soil type and behavior, and therefore require both professional approvals and supervision.

They further noted that some of the structures were at the center of major roads because they were built outside the Master Plan. Also, “the buildings never had approvals and were not supervised by approved professionals as provided by law, such that FHA cannot vouch for their structural integrity.

“Other structures were on road setbacks, drains and other infrastructure. Houses were built below the level of the roads and prone to collapse because of soil settings”.

Initial Compromise 

However, after several appeals from some of the affected persons, who accepted to have illegally built on government land, the Authority said they had initially decided to reconsider the exercise. 

This was at a stakeholders meeting in FESTAC Town Lagos in January, 2022, where the FHA decided to reconsider the demolition exercise, and try to salvage as many buildings as possible, without compromising standards.

However, these on based on the following terms that all developments along the roads must be demolished; all buildings close to the canal, and pipelines must go; that every building not certified by FHA officials must undergo integrity test; and that all forms of developments must stop.

They said contravention notices and conditions for regularisation were served on affected buildings which would lead to the FHA carrying out a VRR exercise: Verification and Regularisation exercise, and where necessary Recovery.

Noting that they immediately started the implementation of the exercise as agreed by carrying out an aerial survey to ascertain the level of distortion and subsequent redesign of the area, which led to the commencement of verification and Regularisation exercise. 

Broken Agreement

The FHA said it observed that the despite the agreement, new houses continued to spring up. “Under these circumstances, 

Management cannot standby and watch this phase of Festac willfully being distorted”.

Thus, the FHA said the reneging of the agreement was what led to the demolition notices served on September 2023, which led to the current exercise.

“Management wants to state here that there are many buildings that are standing in this area. There are also hundreds of buildings that are undergoing regularisation.

Federal Housing Authority would not wait until a building collapses in this area before reacting. Our proactive action which predates now is to save impending danger that looms around this area of Festac.”

Demolition Exercise

In an earlier report by THISDAY’s Sunday Ehigiator, who visited the demolition site, emotions ran high as the building owners wailed at the sight of the sight of their investments crumbling down while 

tenants, whose rents weren’t due, 

bemoaned their fate.

He however reported that the notices on many of the demolished buildings indicated that pro-notices were given long before the caterpillars were brought in to pull the structures down, adding that some of the notices dated back to November 2022 (FHA/AR/34 23.11.2022), while some of the most recent notices date back to August 25 and September 22, 2023.

“Some were only asked to ‘Remove upper floor’ which somehow correlated with the FHA’s claim of wanting to reclaim some of the properties and restore order to the estate,” he reported. 

Restraining Court Order 

As expected, the owners rushed to the courts and prayed the Lagos State High Court, sitting in Ikeja, on November 29, 2023 to restrain the FHA and Lagos State Building Control Agency (LASBCA), from further demolition.

The trial judge, Justice Omolade Awope, granted the order, following the suit by Samuel Ahmed, Martinson Realtors Investment Limited, Taoheed Amusa and R. Balogun, seeking a pre-emptive order of injunction against FHA and LSBCA.

In the pre-emptive order of injunction, the court restrained the first defendant/respondent whether acting by itself or through its agents, privies, assigns or any special task force, para-military officers or otherwise, howsoever, described from demolishing and/or removing any building or property erected in 6th Avenue Festac Town or any other part of Festac Town in alleged enforcement of ‘Town Planning Laws’ pending the applicant’s compliance with the Lagos State High Court Practice Directions No. 2 of 2019 on Pre-action Protocol.

The order was a sequel to the motion exparte by the claimants, who adduced 10 grounds upon which they sought the order

Current Truce

 With the hullabaloo surrounding the demolition, which soon reached dangerous crescendo, attempts were made to douse the raging tension. Just last week, the Chairman Senate Committee on Diaspora and NGOs, who is also Vice Chairman, Senate Committee on Land, Housing and Urban Development, Senator Dr Victor Umeh recently led the owners of houses in Abule-Ado area of Festac, Lagos State to FHA Headquarters in Abuja where they met with the Managing Director, Senator Gbenga Ashafa and the General Manager, Zonal Coordination of FHA, Barrister Hajara Kadiri, in a bid to permanently resolve all the issues that led to the demolition of houses in Abule-Ado and to forestall further occurrence.

Emerging from the closed door meeting, the group led by its Chairman, Chief Henry Arinzechi, while expressing satisfaction with the resolutions reached in the meeting said the matter has been brought to favourable conclusion.

Commending Senator Victor Umeh for his commitment in ensuring a cease fire of demolitions, he also thanked Senator  Ashafa for yielding to the pleas and consequently, calling off the demolition exercise.

In another meeting with Chairman of Senate Committee on Land, Housing and Urban Development, Senator Aminu Tambuwal, also facilitated by Senator Umeh, the association’s chairman further disassociated the Kings Royal Estate from any legal suit challenging the F.H.A for the removal of structures built on the “right of way and waterways.” 

Stressing that though the executioners overstepped the perimeters earlier stipulated, he said with the intervention of distinguished Senators Tambuwal and Umeh, the FHA has shown commitment to bring the matter to a logical and favorable conclusion.