Yinka Ayefele
– Demolition horrifying, wicked, insensitive – PDP
– It’s unfair – Falana
Oyo State Government on Monday denied demolishing the Music House containing Fresh FM Radio Station owned by music superstar, Mr Yinka Ayefele.
Indeed, it expressed shock about the demolition, saying it was preparing to institute a panel of inquiry to unravel the identity of those who razed the N800 million edifice.
As reported by NAN, the state government, through its counsel, Mr. Yomi Aliyu, made the denial when he appeared before Justice Iyabo Yerima of the State High Court, Ring Road, Ibadan, on Monday.
Aliyu appeared for the first and second defendants, Governor Abiola Ajimobi and Mr. Bola Abimbola (State Attorney-General), in a case instituted by Ayefele against the defendants.
The counsel said his clients were shocked to read about the reported demolition on Sunday morning.
According to him, the state government is planning to set up a panel of enquiry to find out those responsible for the demolition.
”My clients are men of honour that respect rule of law and constituted authority and will have no reason to demolish the said property,” he told the court.
Aliyu, who had earlier denied that his clients were served with court processes, quickly reversed himself when the judge showed him evidence of actual service on the first and second respondents.
The defence counsel, however, urged the court to adjourn the case pending the time the claimant would be able to file and serve his clients with notice of the ex-parte motion since the court was on vacation.
He said that filing of motion on notice and letter of urgency alone by the claimant was not enough.
But the claimant’s counsel, Mr. Olayinka Bolanle, had informed the court that the respondents had gone ahead to demolish the structure in spite of a court’s restraining order
“Even after the defendants had become aware of this proceedings, it is sad and unbelievable my Lord that the defendants in the wee hours of Sunday, August 19, went to the property in dispute and demolished it,” he told the court.
The claimant’s counsel urged the court to reiterate its earlier order restraining the defendants from further demolition of the rest of the structure pending the determination of the suit.
Justice Yerima adjourned the case until September 12 for hearing of applications and urged parties to file necessary processes before the adjourned date.
Meanwhile, Oyo State Government denied getting a court injunction restraining it from demolishing the building; stressing that due process was followed in the partial demolition of Music House, and that no court order restrained it from carrying out its statutory role in the public interest.
According to Vanguard, the Special Adviser to Governor Abiola Ajimobi on Physical Planning and Development Control, who heads the Physical Planning Unit of the government, Mr. Waheed Gbadamosi, at a press parley held at the Film Theatre, Ministry of Information, Culture, and Tourism said that the government gave ample opportunity for Music House to regularise its null and void building plan but the management of the organisation did not deem it fit to obey the laws of the land.
Gbadamosi, who was at the parley with the Attorney General and Commissioner for Justice, Mr. Seun Abimbola, the Commissioner for Information, Culture and Tourism, Mr. Toye Arulogun and the Special Adviser Communication and Strategy to Governor Ajimobi, Mr. Bolaji Tunji explained that during the joint inspection visit to the organisation by the Oyo State Government and Music House officials, it was discovered that there was a gross overshooting of the allocated size approved with serious legitimacy implications.
Gbadamosi said: “On May 19, 2017, letters demanding for planning approval were sent to various institutions including University College Hospital, Kola Daisi University, University of Ibadan and other institutions and organisatons. On June 14, 2017, request for approval was sent to Music House and 22 other radio stations in Oyo State.
“On August 18, 2017, a reminder letter was sent to Music House and the letter was received by Adebisi Akinkunmi. On August 25, 2017, we went a step further to send a letter to the National Broadcasting Commission, NBC, titled Operation of Radio Stations without Physical Planning permit/Approval in Oyo State. A few months later, precisely November 27, 2017, another letter was sent to NBC complaining about Physical Planning Law and Regulations by the Radio station owners, developers and operators.
“We got a response from NBC on December 4, 2017 and NBC said that the issue is outside its mandate. This is to show that the action of the state government is not to witch-hunt anyone as we even reported the radio stations to NBC. We also wrote to the Central Bank of Nigeria (CBN) on some banks 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.
“Music House submitted a building plan on June 14, 2018, which necessitated the joint inspection visit we carried out on June 25, 2018. It was discovered that it was meant to be an office complex and not a radio station among some other infractions including a building size measured 29.7 meters by 21.6 meters on the ground as against the 11.925metres by 10.20metres in the survey plan/building plan submitted by Music House.”
Meanwhile, counsel to the state governor, Chief Yomi Aliyu, SAN, while clarifying his earlier comment immediately after the court proceeding said: “I never said the Oyo State Government is not responsible for the demolition. What I said was that the governor will investigate whether the body that carried out the demolition, if the demolition had been done, because I’ve not seen the demolition. I have not seen any demolition exercise carried out anywhere, and with this, photos on display could be a photoshop, we have to be empirical about whether there is demolition or not.
“First, there was no order of injunction before today and even today as at this time, there is no order of injunction about anybody. There is no undertaking that the place will not be re-visited by anybody.
“And I said in court that service should be personal that the learned Attorney-General was served personally. If I was in their shoes, I would take the ballif personally to the important personalities in the civil service.
“I said the governor will investigate whether the body that carried out the demolition, if the demolition had been done, because I’ve not seen the demolition I said it in court. I have not seen any demolition exercises carried out anywhere, and with this, photoshop can be done on photos on display. There was no injunction till now and the case has been adjourned till September 11.”
There was no court injunction — Commissioner for Justice
On his part, the state Attorney-General and Commissioner for Justice, Mr. Seun Abimbola, said: “There is a limit to what I can say because the case is in court. There is a limit to what can be said about arguments that have already been submitted or requested by the court of law here.
“Let me also say unequivocally that there was no injunction. There was never at any point in time to any statement, any publication to that like is false.
“On the issue whether the government was served, that issue came out in court this morning there are arguments front and back on that, so you cannot give a comment on it while the court is yet to decide these issues. Let me also say unequivocally that there was no injunction.”
– There was a court injunction, Ayefele insists
Faulting the state government’s denial, Ayefele’s spokesperson, Mr. David Ajiboye, said: “I was at the court and their lead counsel denied it. But when the judge brought out a copy of the injunction the court bailiff served them on Thursday last week, which was received at the Governor’s Office and the office of the Attorney-General, their counsel was dumb founded; he could not say anything again.
“Their defence counsel said it was not the state government that carried out the demolition, that they should set up a committee to investigate the matter. Everything is on tape.”
It’s an unfair act — Falana
Flaying the state government’s action, human rights lawyer, Mr Femi Falana, SAN, described demolition of Ayefele’s Music House as an unfair act.
Falana said: “When demolishing a structure, you must be fair to the owner, why did you allow me to build five storey building, now I have built it spending hundreds of millions and you now decide that I have not complied with the law and that you are going to demolish it.
“Even in the case of the house of physically challenged in Ibadan that has just been demolished. Physically challenged people deserve pity they do not deserve to be antagonised and destroyed by our government.”
– Demolition horrifying, wicked, insensitive – PDP
In a statement issued by its National Publicity Secretary, Kola Ologbondiyan on Sunday in Abuja, the party described the demolishing of the building, said to be worth N800 million as “horrifying, wicked and speaks volume of the insensitivity of the perpetrators”.
The building which also houses Aiyefele’s Fresh FM station and recording studio, was said to have been brought down in spite of a court order.
“The PDP notes that Aiyefele’s building was demolished for allegedly singing songs considered to be against the interest of the All Progressives Congress (APC), even when our Constitution allows all citizens right to free speech, freedom of opinion and association within the ambit of the law.
“The PDP alerts Nigerians of a dangerous trend whereby the current clampdown on the media is now being extended to other public opinion moulders, including musicians and perhaps actors.”
Ologbondiyan urged all public spirited groups and individuals to condemn what he described as “emerging assault on free citizens for no just cause”.
“Nigerians, must at all times, be free to hold and canvass opinion, politically associate and aspire, as long as their actions are within the ambit of our laws,” he said.
Meanwhile, Music superstar and the proprietor of Fresh F.M Radio, Ibadan, Yinka Ayefele, has described as untrue, comments from an official of Oyo State Government that his demolished Music House was not approved to host the radio station.
Ayefele, who spoke at a news conference in Ibadan, on Monday evening, said two studios were in the building plan submitted to the government and approved over 10 years ago, precisely on June 6, 2008.
According to Nigerian Tribune, the gospel artiste, who fought back tears while addressing journalists, also disclosed how his wife knelt down for four hours, begging Governor Abiola Ajimobi to rescind his decision.
“My wife was with the Governor till around 3:00 a.m on Saturday. She was able to meet the Governor and he assured her that the building would not be demolished and as an assurance, when she was leaving, the Governor gave her $1, 000.
“I would have gone with her but I had been hospitalised a day after the three days demolition notice was given to us by the government. There is no defence for this vindictive and politically motivated destruction of a thriving business in a city that needs economic and job opportunities for its citizens,” Ayefele said.
On the accusation from the government that he shunned a letter requesting a regularisation of the building plan, he said his architects were already working on a new plan before the bulldozers were rolled in to pull down the edifice.
“In the approved plan of the music house, we requested an approval for a business complex with proposed two studios and the plan was approved. The building is more than 10 years. Are they now saying that a radio license which costs several million to obtain is not a business venture?
“They did not only demolish the building, our recently acquired broadcast equipment worth N28 million was equally damaged. We are still putting the cost (of the damage) together.
“The demolition notice they brought was three days. There is a confirmation that the state government is responsible for the demolition as against what their counsel said in court.
“We have relocated our studio and Fresh F.M is fully back on the air. It is only the NBC that can stop us from broadcasting. Fresh FM is a small business that should be encouraged and not destroyed,” he said.
