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Nigeria: Enforce Court Order on Abuja Demolition
Adebiyi Adedapo, All Africa
The National Human Rights Commission (NHRC) has called on the Attorney General of the Federation (AGF) and Minister of Justice, Mohammed Bello Adoke (SAN), to ensure that the minister of Federal Capital Territory (FCT), Senator Bala Muhammad, complies with the order of an Abuja High Court restraining the FCT from demolishing residential houses at Iddo Sarki Pada suburb of Abuja.
The commission also vowed to investigate the processes leading to what it described as forced eviction or enforced homelessness meted on some Nigerians by the government.
Chairman of the NHRC’s Governing Council, Prof. Chidi Anselm Odinkalu, said in a statement that the commission would investigate publicly processes adopted before evicting innocent citizens from their homes.
He also said that the commission would adopt a set of guidelines against forced evictions and arbitrary demolition of human settlements in the country.
Also the commission’s Executive Secretary, Professor Bem Angwe, in a letter addressed to the AGF stated that the people of Iddo Sarki Pada had written a petition to the commission indicating that the Abuja Development Control (ADC) had proceeded to demolish their houses despite a subsisting court order duly served on the office.
The letter to the AGF reads: Pursuant to section 6 of the NHRC (Amendment) Act, 2010, the complaint has been admitted for investigation.
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Demolition: Court Summons Minister For Disobeying Its Order
An Abuja High Court has ordered the Minister of the Federal Capital Territory to appear before it to explain why he should not be sent to prison for disobeying its order made on April 13, 2012 asking him not to go ahead with the demolition of residential houses at Iddo Sarki Pada suburb in Abuja.
Justice Folasade Ojo issued Forms 48 and 49 ‘notice of consequences of disobedience of court order’ and ‘application by the plaintiffs to apply for an order of committal to prison for having disobeyed the order of this honourable court’ respectively after the plaintiffs informed her that the FCT Minister had failed to comply with her order.
On April 13, 2012 the judge issued an interim injunction restraining the minister, the Federal Capital Development Authority and the Abuja Development Control Department from giving effect to their threat of forceful ejection and demolition of the plaintiffs’ residential homes at Iddo Sarki Pada, Abuja.
The plaintiffs, who are 11, who said they filed the suit for themselves and on behalf of Iddo Sarki Pada Residents stated that 403 houses were demolished with four bulldozers within four days.
According to them, the order restraining the minister from going ahead with the demolition was served on the minister by the bailiff of the court and that notwithstanding, the minister went ahead to carry out the demolition.
They said that they were left with no option, being law abiding citizens to ask the court to commit the minister to prison for acting unlawfully.
Their lawyer, Mr U.P. Ekwueme in a brief attached to the application argued that the minister was under obligation to comply with the order of court.
He said the order issued by Justice Ojo remained valid and subsisting since it had not been set aside by the court.
“Individuals, government’s agencies, organs and parastatals are bound to obey order of courts. Where an order of court is disobeyed, the court has the right and indeed the duty to punish the person in disobedience of the order,” he added.
The day the minister will appear has however not been determined as the courts are on vacation.
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