Ex-Labour Party presidential candidate, Peter Obi, has visited the Trade Fair Complex where Lagos State Government enforced its Physical Planning Laws.
He praised the traders for what he called their “restraint”, adding that the buildings that were knocked down had approvals.
He launched into emotional theatrics, describing the incident as “a test of impunity, justice and compassion” – all in an effort to mislead the public by misinformation and disinformation. This is unfair.
Here are the facts of the matter: The owners of the building have no approval. They got ample time to regularise their papers when the state government declared last year a general amnesty, which was extended several times.
The owners shunned the offer. When Physical Planning officials visited the complex, the gates were locked against them; they were beaten up. The police rescued them. When the government called the owners for talks, they said they would not come; they did not come.
Their defence is that the Management Board of the Trade Fair permitted them to build their structures. This is wrong. The board, which is a creation of the Federal Government to manage the complex, does not have powers to approve or regulate building developments within the complex independent of Lagos State Government. Physical Planning and building approvals are within the remit of State Governments. Under the Nigerian Urban and Regional Planning Act (1992, as domesticated by Lagos State’s Physical Planning and Development Regulations), all physical development in any part of Lagos must obtain planning permit/approval from the Lagos State Government through its Ministry of Physical Planning and Urban Development.
This position was further clarified and reinforced by The Supreme Court judgement of 2003 (Attorney-General of Lagos State v. Attorney-General of the Federation) that land use and physical planning fall under concurrent jurisdiction, and states retain the authority to regulate development control within their territories, including federal lands, except for core areas like military formations or exclusive federal enclaves.
The Trade Fair Complex Board may manage leases, tenancies and commercial activities, but any construction, alteration, or development still requires Lagos State planning permit.
Otherwise, such developments would be deemed illegal under state law, and the Lagos State Government has the power to seal or demolish them.
In other words, the Management Board can allocate spaces and give administrative consent, but building approvals must pass through Lagos State Government.
We must decide the kind of society we want – one governed by law or one run by emotions, fuelled by political interests.
*Gbenga Omotoso
HC, Information and Strategy.
