Protest in Ibadan as Ayefele's Fresh FM Sues Oyo Govt Over Demolition Notice

For several hours on Thursday, sympathizers and fans of Fresh FM, a privately radio station own by ace musician, Olayinka Ayefele laid siege to the frontage of the station located on Lagos Ibadan bye pass in Challenge area to frustrate officials of the Oyo state government from carrying out demolition exercise scheduled for the day.

Carrying placards with various inscriptions such “Obey rule of law,” “Fresh F.M must stand,” among others, the protesters pleaded with the Oyo State government to rescind its decision, praising the station as “credible source of up-to-date information” on the developments in the country and the state.

The state government had issued demolition notice on the building which the management said costs N800million with about 150 staffers earning their daily bread in it, for contravening certain building laws and its proximity to the expressway without commensurate set backs.

The protest was on when Justice I.S Yerima of the Oyo State High Court, on Monday, ordered the service of hearing notice and necessary processes on the Oyo State government at the hearing of a motion ex parte filed by Ayefele, against the planned government demolition of the building named 'Music House' and which house four ultra modern studios.

At the hearing of the application yesterday, Chief Olayinka Bolanle, who led a team of lawyers for Ayefele, told the court that the ex parte application became a compelling necessity following the shortness of the demolition notice issued by government.

Contrary to the claim by the state government that the building violated the Ministry of Physical Planning and Urban Development Law 2012, the lead counsel told the court that the building plan was duly approved by Ibadan South-East Local Planning Authority on June 6, 2008.

Among other prayers, Ayefele, through his counsel, is praying the court for an order of perpetual injunction restraining the government by itself or its agents or servants from demolishing his properties.

Also sought before the court was a declaration that demolition without a prior court order violates Sections 36 and 40 of the 1999 Constitution because it was issued without a hearing granted Ayefele who has a subsisting approved building plan number IB/SE/TP/C/019 of June 6, 2008.

Citing the case by Kotoye against the Central Bank of Nigeria (CBN), the lead counsel to Ayefele stressed that ex parte application should be granted in cases of urgency to protect the applicant from destruction, adding that the short notice indicated the urgency of the application.

Pleaded in the processes filed by Ayefele’s lawyers are: the deed of assignment used in acquiring the property from Ibadan Local Government Properties, approved building plan, the demolition notice, among others.

Responding, Justice Yerima said she was persuaded that there were “serious issues to be determined” in the suit filed.

She, however, ordered that the Oyo State government and the five other defendants in the suit number I/836/18 be served on Thursday (yesterday) and adjourned to Monday, August, 20 for hearing and ruling on the ex parte motion.