Yinka Ayefele
By Banji Ayoola
Nigerians have condemned the demolition on Sunday of the Fresh FM Radio Station, Ibadan owned by ace musician and multi-talented artist, Mr Yinka Ayefele, accusing the Oyo State Government of unilaterally taking a hasty action on a case pending in court.
They said that government had nothing to lose if it had allowed the case in court to run its full course, and said that it hid under public interest to exact vengeance on Fresh FM, which it perceived as an anti-government medium.
Their reactions were in response to a Facebook post by a spokesman of the state government, Mr Bolaji Tunji, which had explained government position on the matter.
The post by Tunji was entitled “Fresh FM’s Music House Contravenes Planning Laws – Oyo Govt.”
It said: “The Oyo State Government on Wednesday explained that the demolition notice to Music House, Fresh Fm 105.9, Ibadan was not based on sentiments or witch-hunting, saying that contravention notices were served to different organizations in the state since June 14, 2017 including all radio stations in the state.
“The government in a statement by the State Commissioner for Information, Culture and Tourism, Mr. Toye Arulogun said that the state government observed that property owners in the state are deviating from the originally approved building plans without seeking physical planning approvals from the Oyo State Bureau of Physical Planning and Development Control.
“Arulogun stated that the decision of the state government to demand for the building approved plan was not peculiar to Music House, Fresh Fm as several companies and institutions such as University of Ibadan, Kola Daisi University, University College Hospital, banks and radio stations in the state were asked to provide their Planning approval, saying that the government recently demolished several banks ATM extension and some local government structures in the state.
“The Government spokesman said that the letter to Fresh Fm was received by one Bamiduro Aderonke and a reminder letter dated 18th August 2017 was sent to the radio station to again request for the planning approval/permit for the Radio Station in line with the Oyo State Physical and Development Control laws in which the radio station was expected to forward the approved Building plan to the Bureau within seven days, noting that a copy of the letter was received by Adebisi Akinfunmi on the 21st of August 2017.
“Arulogun said that the submitted building approval was actually meant for an office complex and not a radio station, thereby contravening the Oyo State Physical Planning and Development Control laws, sections 30, 31 and 32 of the Oyo State Physical Planning and Urban Development Law of 2012, stating that the submitted approval from Music House deviated from the approved plan which effect makes the approval null and void because deceitful information was given to the approving authority and also deviation from the approval granted both in construction and use.
“He added that a physical inspection was carried out on the 25th of June 2018 to ascertain the extent of the deviation from the approval where it was discovered that apart from the change in use of the building, spatial standards in terms of setback, airspace and parking spaces were found to be grossly inadequate.
“The Commissioner said that a letter was sent to Music house on 29th of June, 2018 to submit a fresh building plan application that will reflect the existing structures on site, noting that the radio house deliberately ignored the letter as there was no response from their end till date.
“He said that the deviant posture of the radio station prompted the Bureau to serve a three day Demolition Notice on the 13th August 2018 which expired on the 15th August 2018.
“Arulogun said that the government had also received petitions subsequent upon three fatal accidents that occurred around Music house in the last nine months, as the petitioners urged the government to look at the physical structure of the organization in relation to the dual carriage way which lends itself easily to accidents.
“He emphasised that the government will do the needful and follow due process in accordance with the laws of the land but will not dignify or elevate the tantrums of Music House, Fresh Fm.”
Following are the reactions:
Yemi Ajayi
In view of the case in court, what would the state have lost if it had allowed the case to run its course?
No matter how had the state tries to justify the demolition, it can’t change the perception that it hid under public interest to exact vengeance as FRESH FM is seen as an anti-government medium.
Bolaji Tunji
Yemi. No case in court
The court has not even sat on the.matter. They brought notice only on Thursday
Yemi Ajayi
BJ I’m sure the state is aware that the case is in court.
It’s a settled case in law that when a dispute is submitted to the judiciary for adjudication, neither of the parties must overreach itself to destroy the res of the case.
Ajimobi has already done that to force a fait àccompli on the court and to render whatever decision that might be taken an academic exercise.
There is no way the public interest is well served in this action at this time now.d…See More
Túndé Àrèmú
Túndé Àrèmú Bolaji, a legal notice was brought on Thursday and the state government still went ahead and demolished the building.
I feel distressed when former colleagues find themselves in situations where they have to defend sad cases as this. I wonder what your response would have been to this if you were sitting behind an editor’s desk. Either the case has come up for mention in court or not, fact still remains that a noticed is already served.
Your statement also indicates that the issue here is regularisation of building plan to state the real status of that building. Why the rush to demolish it?
Lanre Ogundipe
Bolaji, how do you reconcile this, “no case in court, court notice was brought on Thursday” would the government deny the existence of the notice served? Government action on this stands condemned. I am sad that the rule of law has been thrown to the dogs.
Bolaji Tunji
Yemi, you don’t seem to follow my argument. There is no case in court officially. Court did not sit to say pls let the status quo remain
Lanre Ogundipe
Bolaji, court needs not sit, once judicial notice is served. It indicates the court is aware of the matter brought before it, and it further allows the other party to file its counter claims. That’s the position of law.
Bolaji Adepegba
Bolaji Tunji A case filed with notice served is in court o. You just said you were served on Thursday. What the government needed to do was to file a statement of defence now
Ibukunoluwa Oremodu
Bolaji, once a defendant is aware of the pendency of a suit, as you claimed, the case is subjuidiced and parties are, in law enjoined to submit to the court’s jurisdiction and maintain status quo ante bellium. This the Oyo State failed to do. Sad!
Albert Oladapo Ogunwusi
Legally speaking there was nothing stopping such an exercise. I think the lawyers thought the government wouldn’t go that far. Obviously the necessary order which should have been brought exparte was never filed or argued. Obviously the necessary order which should have been brought exparte was never filed or argued. Since there was no restraint, the exercise had no impediment.
However, there is no doubt that the governor understood the political undertones and should have acted with greater circumspection. Bolaji raised three issues: one is that the building constituted an obstruction and a travel risk for road users. The history of that building may agree with that. But it had already been approved and demolition in the absence of compensation would be an illegality.
The second trump card was thus played. There were some alterations to the approved structure.
Those alterations could have been amended on demand.
It would seem the building could still be repaired and restored mindful of its pristine approved structure.
There is yet another issue:
The building was never designated and approved as a broadcasting house!
The sum total of these is that Ayefele’s house had to go down by all means.
Naked vendetta.
Albert Oladapo Ogunwusi
Ibukunoluwa Oremodu Where there is no order of court restraining the defendant pending the determination of the suit, no breach could be canvassed. The defendant does the demolition however at his own risk as the case could go either way. But what sto…See More
Emeka Oparah
While I sympathize with Fresh FM and believe the government should have shown some milk of human kindness, there’s obviously no case in course but a notice from lawyers working for Fresh, which is an intention to go to court. Hmmmm…we must always err on the side of caution.
Achilleus-Chud Uchegbu
Once the matter is properly filed in court Nd hearing notice issued, parties are supposed to stay action until a court makes a pronouncement. But in this case, it is like the state, having been made aware of the filing of a matter against it, rushed quickly to destroy the res in the matter which, in my layman understanding, is prejudicial
Manage
Ayodele Emmanuel
The angle of the law from Barrister Jiti : Mr. Jeleel Agboola, I see that you are on the prowl on this thread rebuking those who are expressing indignation at the action of the constituted authority . Stop doing this on this thread . Go and trumpet your support for the Governor’ s action on your wall please.
For me , when a dispute arises between a government and a citizen and the matter is already submitted to a court of law for adjudication, even though an order of injunction be not granted, the government is restrained from resorting to self help.
Using a partisan lens to view this issue is unhelpful .
Contravention or no contravention , once a matter is submitted to a court of law for resolution , parties must wait for the court to decide .
In any case , i hold the view that although demolition of the so called ” illegal structures” by state governments ( a carry over of hurried demolition exercises by the military , as permitted by their decrees and edicts ) are rampant , they are unconstitutional acts. The ececutive branch of government cannot adjudge a building as having contavened the laws , award punishment for the alleged contravention and carry out the punishment by demolition. The government , under the rule of law, must obtain an order from the judiciary, the arbiter, to carry out a demolition . This is consistent with the right to fair hearing and the right to own a movable and immovable property under the Constitution .
Lanre Ogundipe
Lanre Ogundipe Don’t mind Jelili Agboola is a known political hawks. That’s the trait
Akinola Dhikrullah Debo Oranmiyan II
Sir, you should not have brought this out. This damage control is too late. This is an own goal. You know within yourself. It is just so unfortunate that you are appointed to speak for this man at this unfortunate moment.
Wole Adepoju
Wole Adepoju If truly it contravenes any law, what do we say about this? Going by this video and the demolition, Ajimobi’s defense is porous and faulty. My view though.
Madunagu Emeka
No justification to destroy an investment worth almost N1 billion in a state crying for inflow of funds. It’s really sad how governors wield power in this country. The commissioner us just talking rubbish. Arrant nonsense. No be only violation. Your state governor has written his name in the bad books of Nigerians and time will tell.
Adetunbi Saheed Ige
No sane human shall be interested in this tale by moonlight, it’s medicine after death, let’s leave God to judge everyone by their intents
Alarape Dawud
This is a thrash from the commissioner, Mr. BT.
Wole Adepoju
Natural law will catch up with Ajimobi…it’s only matter of time. This is pure wickedness.
Madunagu Emeka
The state government is reckless, insensitive and evil. In such a sensitive case, you exercise sound judgment and restraint. This is an attack on the Nigerian media and is really shameful. One thing I know us that evil will not flourish for long. Shameless government.
Oladayo Olayinka
Sir, let the government build a replica of the demolished structure in an approved location to redeem it’s dented image. Sentiment apart, the action is condemnable.
Wole Adepoju
That is the only way out. Ayefele has approval for what he built now.
Festus Oluwasogo Adebayo
Let’s that be court ruling.
Festus Oluwasogo Adebayo
Festus Oluwasogo Adebayo Wole Adepoju how do u know?
Wole Adepoju
if you have been following the issue, you would known Ayefele said it and it was not countered.
Kassim Kola Adeyemi
Ayefele should seek legal redress
Wole Adepoju
@Emeka Madunagu. Tell them sir!
Olatoke Folorunsho
Whatever the contravention, please let’s resolve it amicably. Remember, power is ephemeral.
Lekan Ogunbado
No matter how much Oyo State government wants to justify this demolition, it is so much politically sensitive that caution should have prevailed. It will not be surprising that eventually a substantial compensation will be awarded to the Music house by a competent court of law at the expense of Oyo State tax payers. Bolaji, you are just in a difficult situation trying to defend our own dear government. It is well.
Gboyega Akosile
My brother, if this defense is what the State Govt can come with, I dare say that Ajimobi has goofed big time. This is weak! Too weak when compared to the emotional capital that will be acrued to Ayefele. Trust me, the singer will come out better and stronger with more support morally, emotionally and financially in the end. Ajimobi has snockered himself.
Oluyinka Olujimi
“The Commissioner said that a letter was sent to Music House on 29th of June, 2018 to submit a fresh building plan application that will reflect the existing structures on site…” In other words, the problem was not with the siting of the radio statio…See More
Soni Asuelimen
DEMONSTRATED CRAZE, VOTERS ALERT.
Bayo Owolabi
The decision to pull down that edifice is totally ungodly and callous. That outfit provides job opportunities to some people and the government could also have earned income by way of taxes. What is certain is that whatever a man sows he shall reap.
Lanre Aminu
Oyo state goverNment lack no tenable reason for demolishing the structure
Adegunle Olugbamila
Medicine after death!
Bolaji Adepegba
With the state of land use in Ibadan with no apparent plan of any space, is it only the Music House that is contravening the said law? 85 percent of Ibadan landscape would need demolition exercise. I just wonder why a media office demolition is an emergency.
Lekan Otufodunrin
Bolaji Tunji I don’t envy you. I’m sure people like you would have advised against the demolition if your honest opinion was sought.
Here you are left with having to defend the indefensible by a “constituted authority”. Demolition is not the best option in this instance.
Yemi Ajayi
I pity BJ. That’s why I don’t want to engage him further on this.
Martins Oloja
Government doesn’t work on Sunday. Why didn’t they wait till Monday? What is it that cannot he settled to save jobs? Why did they begin with a media house? That is extrajudicial killing of press freedom too as a colleague put it.
Francis Obinor
This is mere wickedness and evil. There is no justification for this odious deed whatsoever. It was just corrupt use of power. It is reprehensible and should be condemned.
Bolaji Tunji
Tunji Martins, this issue has been on since about a year. Letters were written to him to regularise his papers, he never did. People have been killed on that road, including his own staff. Other prominent citizens of the state had their houses demolished too…See
Martins Oloja
Martins Oloja My Brother Bolaji, I sympathise with you. You are just trying to justify a peculiar mess you knew nothing about. When government is no longer afraid of the people in a democracy, there is a problem. One is not justifying lawlessness in Ibadan. One is not justifying lawlessness in Ibadan… But there are hundreds of alternative dispute resolution mechanisms (ADRM)available in this modern time. The governor visited the place before and praised the quality of work there even as he noted that he was under pressure to take the place down for Ayefele’s alleged ‘bad verses’.
Is Ayefele (on wheel chair) so arrogant that he refused governor’s invitation on this?
Is there any correlation between some opposition elements who just aired some views against APC and governor’s choice of succession elements through the Fresh FM and the action this morning?
Why was there no constructive engagement with citizen Ayefele, the investor? What goodwill will this bring to the government?
Is what government saying the truth? Is it fair to all the workers in the station? How will posterity judge Governor Ajimobi on this demolition of a radio station on Sunday?
Is this kind of action what we should expect from federalism we have been advocating? How will the Nigerian news media family treat this? How will it hit Ekiti state indigenes in Oyo state? How?
Is this part of the sovereignty we should preach in the context of Development Agenda of Western Nigeria(DAWN) charter? Ki lo de?
We, the people need more plausible justification and perhaps apologies from Governor Ajimobi and his cabinet, lest we run away with an impression that this is sheer wickedness in high places!
Isaiah Erhiawarien
Martins Oloja Bros you will not get any….they are that bad
Femi Ipaye
Bolaji Tunji, I know you to be a nice person. Please you can’t defend your principal on this issue.
Prince Adewale Ogbere
Prince Adewale Ogbere So bad, God will judge as many that have hands in this wicked act.
Itohan Igudia Helynn
Time will tell .
Akanbi Akinwumi Paul
For those that may want to defend this callousness, pls read Proverbs 17:15
Akeeb Adekunle Alabi Iwo
Fresh FM remains the first Broadcasting House to be demolished by a government in Nigeria.
God bless Nigeria.
Isaiah Erhiawarien
As government ever spoken the truth. The permit is not the issue but it meant to teach Yinka a lesson for refusing to draw their programme to suit the wish of the government of the day.
Isaiah Erhiawarien
*has
Adeoye Badejo
This is very bad intention,no matter how it may be.it is wel wit u EOB.
Adegunle Olugbamila
And I want to believe this is the reason government acted fast by demolishing the structure at the wee hours of today before Yinka Ayefele gets court injunction on Monday. This is wickedness of the highest order.
Event of the building plan contravenes certain guidelines, can’t it be locked up and the owner given a specific time to make amends?
Iro n puro funro.
Lets all keep our fingers crossed and watch developments
Oyebanji Abiodun
My brother, can’t your government have a pity on this man? Can you imagine Arulogun of all people! How many companies can we trace to his family in Ibadan? You should let your Principal know that Arulogun is leading him astray!
Oyebanji Abiodun
My brother, can’t your government have a pity on this man? Can you imagine Arulogun of all people! How many companies can we trace to his family in Ibadan? You should let your Principal know that Arulogun is leading him a stray!
Fadeyi Tade
Toye Arulogun, stop that, but you collect tenement rate from them…. They pay their tax…. During this economic melt down, you pull #800m property down, know this that , what you did is not good, ask your boss where is his former commissioner for environment and habitation…… In his first rigme, you will be forgotten soon, 2019 is around the corner
Adewale Azeez
All avenues of Democratic principles should apply before destruction.!
The destruction is heavy in my mind.! Values and lives associated with one man business.
Hahaha!!!
Onj O’jay
Why the haste if really the reason behind this is altruistic? Judicial intervention ought to have been allowed to run out before taking such drastic action! However, let the govt compensate him. Also, this is a lesson for all to always comply with govt regulations because of the unpleasant consequences of doing otherwise.
Olusegun Olufemi
But we all know this is a case of vendetta and sheer wickedness. Why couldn’t the government give him a space of time for the law to take its course. The government hurriedly took action without good conscience. God will judge everyone accordingly, both the oppressor and the oppressed…
