Oluwole market
By Tony Folarin
A number of traders at the popular Oluwole Market on Lagos Island have resorted to legal action against Lagos State Government and some of its agencies over the demolition of their shops.
The traders, represented by the Lagos Merchandise and Traders Association, are seeking N3.4bn compensation for what they said was an illegal destruction of their businesses.
The association, acting for itself and on behalf of 169 others, asked the Lagos State High Court at the Tafawa Balewa Square to declare that the destruction of the kee-klamp they occupied at the Oluwole market was wrongful, unlawful, and unconstitutional.
Besides the association, additional claims in the case had been filed by Babro Ventures Limited and Tosh Limited.
The defendants in the suit are the Lagos State Attorney General, the Lagos State Building Control Agency, the Ministry of Physical Planning and Urban Development, the Lagos State Development and Property Corporation and the Lagos State Urban Renewal Authority.
In a 42-paragraph statement of claim attached to the suit, the claimants stated that they had been in peaceful possession of the kee klamp and running their businesses until April 17, 2024, when officials from the Lagos State Building Control Agency threatened to demolish the kee klamp without issuing any notice.
The claimants said that in response to the threat, they instructed their lawyer to send a letter dated April 18, 2024, to the defendants, complaining about the threat and requesting that they consider that the claimants were not illegal occupants.
They argued that demolishing the kee klamp would cause substantial hardship and suffering.
The claimants further explained that they followed up the letter by meeting with the Special Adviser to the Governor on Physical Planning on April 18 and 19, 2024, where they were reassured that the demolition would not proceed.
In their suit, the claimants seek several reliefs, including: “a declaration that, by the combined effects of the terms of the judgment in suit No. LD/386/91 and the Letter of Allocation of 269 kee-klamps dated January 9, 2006, the leases granted to the first claimant and its members over the kee-klamps at the Oluwole Kee-klamps Market, Lagos Island, still remain valid.
“A declaration that, by the fifth defendant’s letter dated June 3 2006 and subsequent agreement with the second claimant over constructing 91 kee-klamp on the upper decks of Blocks 1, 2, 3, and 4, the lease granted to the second claimant over the kee-klamp still remains valid.
“A declaration that by the fifth defendant’s letter dated June 3, 2006, and subsequent agreement with the third claimant over constructing 91 kee-klamp on the upper decks of Blocks 7, 8, and 10, the lease granted to the third claimant over the kee-klamp is still subsisting.
“Damages of N10,000,000 for each of the owners of the 269 kee-klamp belonging to the first claimant and its members.
“A sum of N412,000,000 in favour of the second claimant, N317,000,000 in favour of the third claimant, and the costs of this action amounting to N5,000,000.”
When the matter came up on Friday for hearing, the defendants were not in court, nor were they represented.
Counsel for the claimants, Silas Ukairo, told the court that they had served the defendants since July.
Consequently, Justice Olukayode Ogunjobi adjourned the case until December 6, 2024, for further proceedings and ordered that hearing notices be served on the defendants.
