Law News
Court adjourns NRC case against Lagos

A Federal High Court in Lagos has further adjourned till June 25, 2015, a suit filed against the Lagos State Government by the Nigerian Railway Corporation.

The corporation sued Lagos State Government, eight years ago,  over alleged wanton demolition of its properties at Iddo Foreshore on Sunday January 1, 2006.

The corporation, which claimed that the allegedly demolished structures had drastically brought down its revenue generation capacity, asked the court to declare the action of Lagos State Government as unlawful.

But Lagos, in its counter-affidavit, while urging the court to discountenance the NRC’s claims, said the structures it demolished were erected in contravention of the state’s Town Planning Law and had constituted nuisance.

One Felix Adeoye, who deposed to the counter-affidavit filed by the state, listed the structures demolished to include about 90 shanties, 10 kiosks or containers, 20 abandoned long vehicles and seven existing unapproved bungalows.

The deponent, who described all the structures as illegal, said they were erected in violation of the Urban and Regional Planning Laws of Lagos State.

But NRC, in its suit marked FHC/L/40/07, sought a declaration of the court that the Lagos State Government and its agents could not exercise power over the structures.

The corporation argued that the structures were subject to the approval of the Federal Ministry of Works and Housing pursuant to the provisions of the Nigerian Urban and Regional Act, 1992.

One Afadame Ashimizo, who deposed to the affidavit filed by NRC, claimed that corporation had been under threats of litigation by its various tenants whose properties were allegedly demolished.

The corporation sought an order of perpetual injunction restraining the defendants from further trespassing on its properties located on the parcel of land designated ASC/013/D/LA/2006.

Joined as defendants were the Lagos State Government, Lagos State Physical Planning and Development Authority, the Lagos State Commissioner for Physical Planning and Development and the Attorney General of the state.

The matter which was filed before Justice Ramat Murtala-Nyako since 2007 is now before Justice Rita Ofili-Ajumogobia, who adjourned further hearing till June 25, 2015.

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