Lagos-Calabar highway demolition: 100 landowners team up for fresh legal war

Over 100 property owners in Lafiaji community, Eti-Osa Local Government Area of Lagos State, are planning legal action against the Federal Government as they are being issued demolition notices to evacuate their properties for the Lagos- Calabar Highway construction.

This was made known in a statement titled, ‘Being the text of a press conference addressed by Property Owners and Residents of Lafiaji Community, Eti Osa Local Government Area, Lagos State on the distortion in the construction of the Lagos-Calabar coastal highway by arbitrary deviation from the long-established right of way by the Hon. Minister Of Works and the threatened unlawful demolition of their property at Lafiaji Community, Eti Osa Local Government Area, Lagos State,’ on Tuesday.

The property owners accused the Minister of Works, David Umahi, of altering the original right of way to shield prominent politicians.

In the statement, they claimed that they followed due process in acquiring their lands, adding that in the acquisitions of their plots of land and in building their property, they were well informed about the Right of Way, clearly marked, beaconed, and established for the Lagos-Calabar Coastal Highway, and, therefore, ensured that they did not encroach on or trespass to the established Right of Way.

The statement read in part, “In the acquisition of our plots of land and development of our respective homes and property, we obtained requisite consents of the Lagos State Government to our deeds of assignments, had our respective survey plans hewed from the approved Ojomu Family Layout Plan, and obtained all the necessary building approvals and development permits from the relevant agencies of the Lagos State Government.

“However, there are those who, overtime, have built on the said Right of Way and constructed huge estates crisscrossing same in the illusion that the Lagos-Calabar Coastal Highway would never be built, without any valid legal title to the land on which they built; or with government officials-assisted fabricated certificates of occupancy with embossed survey-plans (the area coordinates of which truly are that of lands adjacent and proximate to the Right of Way, but which are passed off as that of lands situated within or covered by the Right of Way, to obtain certificates of occupancy). These persons also either did not obtain valid building approvals and development permits from the relevant agencies of the Lagos State Government or were assisted by corrupt officials of government to obtain doctored documents.

“As an outcome of the recent visit of the Honourable Minister of Works and Federal Controller of Works to the communities affected by the construction of the Lagos-Calabar Coastal Highway, especially regarding compliance with the enforcement of the Right of Way, valuation of affected landed property, service of removal and demolition notices, and compensation, the Honourable Minister of Works and the Federal Controller of Works decided to deviate from the scrupulous implementation of the Right of way by specifically directing surveyors of the Federal Government of Nigeria (Ministry of Works) on the project to establish a fresh Right of Way, create a new alignment and alter the road-course into the area where our clients’ plots of lands and houses are situate, an area which was not covered by the long established Right of Way.”

The project, designed to connect Lagos to Cross River, passes through the coastal states of Ogun, Ondo, Delta, Edo Bayelsa, Rivers and Akwa Ibom, before culminating in Cross River.

It is crucial for enhancing connectivity and boosting economic activities along Nigeria’s coastal region and is expected to cost N4bn per kilometre, with the government awarding contracts for two sections of less than 100km at a total cost of N2.46tn.

But the coastal highway has been a subject of public scrutiny and controversies since the government commenced construction in March.

In May, Umahi disclosed that 750 houses on the path of the highway had been marked for demolition but owners of affected property were displeased with the government compensation, claiming it did not match their investments.

According to them, the compensation is grossly inadequate and there is the need for the government to review the payment.

The founder of Leisure Games, Olanrewaju Ojo, who got N1.3m compensation, told The PUNCH that the amount was what he could generate in a week.

He said, “This is ridiculous! What am I supposed to do with this? I will make this in a week.”

Stakeholders and experts also condemned the road procurement process, stressing that the contract awarded to the construction company was shrouded in secrecy and bypassed the proper procurement process.

The Lafiaji community residents noted that they wrote protest letters to President Bola Tinubu and the Governor of Lagos State, Babajide Sanwo-Olu, amongst other public officers, to seek redress.

“Surprisingly, our relief was short-lived as the officials of the Federal Ministry of Works subsequently resumed in our community to mark our buildings afresh, and to inform us that our property and homes are still very much within the Lagos-Calabar Coastal Highway course and that the new alignment had not been jettisoned as far as our lands and property were concerned.”

Petrified, they stated that they immediately embarked on an investigation, visiting the Lagos State Lands Bureau, Lagos State Office of the Surveyor-General, and the Federal Ministry of Works, Lagos.

They posited, “We have discovered to our chagrin that the Honourable Minister of Works has disregarded and rebuffed the clear directive of the President of Nigeria, as far as our lands in the Lafiaji Area is concerned. From our findings, we make bold to say that the Honourable Minister of Works has an improper and less than patriotic reasons for arbitrarily directing a departure from the long-established Right of Way for the construction of the Coastal Highway, in the Lafiaji Area.

“This is the reason, from our findings, the minister has found it difficult to follow the presidential directive in the Lafiaji Area. We discovered that amongst some huge housing estates that allegedly have sprung up illicitly on the long-established Right of Way are Ocean Bay Estate and others. The developers of these estates and some of the owners-occupiers of buildings therein are alleged to have strong political connections, ethnic ties, and social links with the powers that be.

“Therefore, the Minister of Works, in an unabashed display of nepotism, as alleged, “ruled” that the property and buildings in these estates are too valuable to be demolished, and that demolishing them would attract huge compensation from the Federal Government. In consequence, it is being alleged that the Minister of Works directed that the Right of Way be altered away from the established path and the said estates and that this new alignment be made through our lands which were never established as the original Right of Way.”

They asserted that after deciding to alter the Right of Way, the Minister of Works found a pretext for their actions by labeling their property as shanties to create the false impression that they were unlawful settlers and illegal occupiers.

“It is our considered but firm position that the decision of the Minister of Works to change the Right of Way and, therefore, the course of the Highway is an abuse of power and unlawful exercise of ministerial discretion. The Minister has no latitude of executive prerogatives to do what he has directed should be done. We dare say that, after the President of the Federal Republic of Nigeria has specifically directed a reversion to the old, long-established Right of Way, the adamancy of the Minister amounts to an act of ministerial lawlessness!

“As a result of the action of the Minister of Works, we are now being confronted with the prospect of being rendered homeless. The landed properties affected are not just realty investments but also the homes of many of us. Some of us currently are overseas and, therefore, are in no position to vacate and yield up possession of our property for demolition within the unreasonable time we were unconscionably given to flee our abodes.

“We appeal to President Bola Ahmed Tinubu to call the Minister of Works to order and direct him to abandon his whimsical and capricious new alignment for the Lagos-Calabar Coastal Highway at Lafiaji, Eti Osa Local Government Area, and revert to the original long-established Right of Way, as the President had earlier directed.”

The Federal Government had in June said it had rerouted the Lagos-Calabar Coastal Highway path to avoid any possible damage to subsea cables belonging to telecommunication companies.

The government also said it had reduced the project’s size from 10 lanes to six as a cost-saving measure for the legacy project.

Umahi, who made the announcements at a meeting with contractors on Tuesday in Abuja, also said the government had disbursed a total sum of N10bn as compensation to property owners affected by the demolition necessary for the construction of the 700km Lagos-Calabar Coastal Highway.

This was as it announced that the first 47km of the project would be open to the public by May of next year.

The legal practitioner representing the community, Jiti Ogunye, said there were so many obstacles involved in proceeding to court on the part of prospective litigants because of the need to reform the judicial process.

He said, “The rules of court are one of the major obstacles, and our courts are congested because our justice dispensation infrastructure is small. However, we want to give it the best shot we can give it because right and morality are on our side, and if we fail, it will not be that we did not try but the system is hostile to success.

“Hence, if we are left with no other choice and if push goes to shove, we will go to court.”

A resident, Bonojo Olalekan, said over 100 property owners were affected by the rerouting.

In a brief call with the Federal Comptroller with the Federal Controller of Works in Lagos, Olukorede Keisha, she referred our correspondent back to the Honorable Minister of Works.

She retorted, “I said you should go to the Honorable Minister.”

Also, several attempts to reach the Special Adviser (Media) to the Minister of Works, Orji Uchenna Orji, through calls and texts were not responded to.

Meanwhile, the Federal Ministry of Environment has announced a 21-day public display of the Environmental and Social Impact Assessment report for the Lagos-Calabar Coastal Highway project.

This was disclosed on the agency’s website on Tuesday.

It stated, “Public display exercise on the Environmental and Social Impact Assessment for the proposed Lagos-Calabar Coastal Highway Section 1 (0km – 47.5km) By Federal Ministry Of Works.

“Following the provisions of the Environmental Impact Assessment Act CAP E12 LFN 2004, which makes it mandatory for proponents of all new major developmental activities to carry out EIA for their proposed projects, the Federal Ministry of Environment hereby announces twenty-one (21) working days public display for information and comments on the draft ESIA report for the above-stated project submitted by Federal Ministry of Works.

“This display is to enable the public to make inputs that shall facilitate informed decision taking by the Ministry on the proposed project.”

The report noted that the project required an ESIA due to the potential environmental and social impacts associated with its construction to comply with international standards and Nigerian regulations.

“The ESIA is a crucial tool for identifying, assessing, and mitigating the potential negative impacts of the Lagos-Calabar Coastal Highway project while maximising its benefits. Alongside the ESIA is the preparation of a Resettlement Action Plan for the Highway. A Resettlement Action Plan is essential for a highway due to the potential for involuntary resettlement.

“The ESIA aims to ensure the project is developed and implemented sustainably, protecting the environment and benefiting the local community. The primary goal of the Environmental and Social Impact Assessment for the Lagos-Calabar Coastal Highway is to identify, assess, and mitigate potential negative impacts on the environment and society.”

The report further noted that the highway was a significant infrastructural development spanning over 700km and divided into nine sections.

It added, “Work will begin with Section 1, which spans from 0km to 47.5km in Lagos. Section 1 includes development activities related to transportation, coastal resort facilities, hotels, and recreational facilities in national parks and marine parks.

“The project’s impact assessment has a phased approach to demonstrate a commitment to environmental and social considerations. This ESIA report specifically focuses on Section 1, providing a foundation for subsequent sections. The ESIA evaluates the environmental and social impact of a plan, policy, program, or project before deciding to proceed with the proposed action.

“It covers various aspects, including the environment’s physical, biological, socio-economic, and health elements. The ESIA will describe project activities and identify potential impacts on air, water, soil, vegetation, wildlife, land use, and affected individuals and assets.”