A High Court sitting in Oyo State had fixed Monday for hearing and ruling in the suit against the demolition of Fresh FM by the state government.
Justice Yerima had last week ordered the service of hearing notice and necessary processes on the Oyo State government at the hearing of a motion ex parte filed by the proprietor of Fresh FM, Yinka Ayefele, against the planned government demolition of the building housing the station.
This was in reaction to a three-day demolition notice issued by the state government. The state government alleged in the notice, which expired on Wednesday, that the building, Yinka Ayefele Music House, contravened certain building laws in the state.
At the hearing of the application, Olayinka Bolanle, who led a team of lawyers for Ayefele, told the court that the ex parte application became a compelling necessity following the shortness of the demolition notice issued by the government.
Referring to the state government’s claim that the building violated the Ministry of Physical Planning and Urban Development Law 2012, the lead counsel told the court that the building plan was duly approved by Ibadan South-East Local Planning Authority on June 6, 2008.
Mr Bolanle also sought the court to make a declaration that demolition without a prior court order violates Sections 36 and 40 of the 1999 Constitution because it was issued without a hearing granted Ayefele who has a subsisting approved building plan number IB/SE/TP/C/019 of June 6, 2008.
Citing the case by Kotoye against the Central Bank of Nigeria (CBN), the lead counsel to Ayefele stressed that ex parte application should be granted in cases of urgency to protect the applicant from destruction, adding that the short notice indicated the urgency of the application.
Pleaded in the processes filed by Ayefele’s lawyers are: the deed of assignment used in acquiring the property from Ibadan Local Government Properties, approved building plan, the demolition notice, among others.
Responding, Justice Yerima said she was persuaded that there were “serious issues to be determined” in the suit filed.
She then ordered that the Oyo State government and the five other defendants in the suit number I/836/18 be served on Thursday 17th and adjourned to Monday, August, 20 for hearing and ruling on the ex parte motion.
