13th March, 2013
A 14-storey building being constructed by the Standard Chartered Bank on Victoria Island, Lagos State, southwest Nigeria, may be demolished if a Lagos High Court grants the prayers of a renowned Lagos lawyer, Dr Tunji Braithwaite.
Braithwaite wants the High Court presided over by Justice Doris Okuwobi to order the demolition of the 14-storey bank building with immediate effect.
The building is located at 142, Ahmadu Bello Way, Victoria Island, Lagos.
He alleged that the area is residential and the purported permit to build such a house in the area was illegal.
He is seeking the demolition of the uncompleted building because of its negative impact on the enviroment.
In an amended writ and statement of claim filed by Braithwhite, he is seeking the court to declare that the on-going construction of the 14-storey building and a five-level car park in the place was unlawful and damaging to his right as a citizen.
According to him, the said commercial building, now at 10th floor, was an illegal structure and it constitutes nuisance and unlawful obliteration of his right to easy light, air and linkages.
He also averred that he had lived in the area for 40 years and the area was mapped for residential accommodation and suddenly the defendant alleged that it has developmenal permit to build the 14-storey commercial building without recourse to enviroment hazards to the plaintiff.
He also asked the court to order that the building be pulled down by the defendant at its cost and N10 billion damages for the alleged nuisance it caused and inflicted on him over the years.
In a 14-paragraph affidafit in support of the motion on notice sworned to by Ismaila Shaib Usman, legal practitioner in the firm of Tunji Braithwaite and Co, it stated that at the time the claimant commenced the suit seeking a perpetual injunction restraining the defendant from constructing the building, the defendant was busy mobilising, preparatory to commence the building of its illegal structure.
He stated that the defendant rushed and started construction up to the 10th floor which made it neccessary for the claimant to amend the processes and the consequential reliefs being sought. When the suit was mentioned before Justice Okuwobi, the defendant’s lawyer sought for adjournment for them to respond to the amendment by the plaintiff. The matter was adjourned till 9 April, 2013.
—Cyriacus Izuekwe