Court stops FCDA’s demolition plan of community

A High Court of the Federal Capital Territory has stopped the Federal Capital Development Authority from going ahead with its plan to evict residents of Mpape Community and demolish their property.
The court described the plan as illegal and unlawful.
Justice Abubakar Idris Kutigi in his judgement after counsel in the matter made their submissions, decided the matter in favor of the Mpape residents.
Residents of Mpape Community, which is within the Bwari Area Council, had instituted a Court action in July 2012 challenging the legality of an alleged demolition threat by officials of the Department of Development Control of the FCDA, who served the residents with quit notices.
The MRCDA insisted that national and local authorities have been collecting regular payments for services from the residents despite the fact that the community has to provide most of its own infrastructure and services.
While many have lived in the community for as long as 25 to 30 years, the community also has national, Federal Capital Territory and local institutions present.
The court, in its judgement, said the FCDA failed to issue statutory notices in compliance with the provisions of applicable laws and due process before embarking on actions aimed at demolishing the plaintiffs’ properties at Mpape.
Kutigi declared the action as illegal and unlawful.
The judge also declared: “The defendants cannot demolish the plaintiffs’ house situated in Mpape.
“Properties identified included MT 105 along Ajegunle street, No. RB55 Arab Road, No. B239 behind Catholic Church on Ajegunle Road, No. 1 Okenugo opposite Berger Quarry road, No. 1 Olutanmola lane GRA Mpape and other building structures and facilities attached to land in Mpape, FCT with strict compliance with requirements of applicable laws.”
Kutigi reminded the Federal Government it is a signatory to international treaties and protocols and international conventions, and as such international obligations must be respected.
While the Counsels to both the plaintiffs and defendant were in court, the Bwari Area Council, under which Mpape is situated, did not appear in court and was not present for its defence in the matter.