BY MIKE OJOOBANIKAN
The Sunday morning demolition of Music House which houses Fresh FM, owned by musician, Yinka Ayefele, has rendered many Nigerians unable to see the wood for the trees! In other words, government’s side has been singing discordant tunes. Not a few Nigerians now believe that this matter became zig-zag because of the public outrage that attended the demolition. Since perception is key in politics, made more poignant now that the 2019 elections are inching closer, government’s lawyer gave a knee-jerk response which was at variance with the position of the client he was defending.
Read the first story on the demolition here: https://thecrestng.com/2018/08/19/yinka-ayefeles-music-house-demolished-by-ajimobis-government/
On the one hand, the state government’s counsel, Mr Yomi Alliyu, denied that Governor Abiola Ajimobi knew about the exercise that, since it happened, has attracted opprobrium from the public. The lawyer said this when he appeared before Justice Iyabo Yerima of the State High Court, Ring Road, Ibadan, on Monday.
Alliyu appeared for the first and second defendants, Gov. Abiola Ajimobi and Mr Bola Abimbola (State Attorney-General), in a case instituted by Ayefele against the defendants.
Governor Ajimobi once featured at the radio station. Watch the video here:
The counsel said his clients were, according NAN, shocked to read about the reported demolition on Sunday morning. He added that 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.
Alliyu, who, as the report indicated, 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, Aug 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 Sept. 12 for hearing of applications and urged parties to file necessary processes before the adjourned date.
On the other hand, the Oyo State Government same day countered its own lawyer who claimed it did not know anything about the Sunday dawn demolition. Government argued that due process was followed in the demolition of the Music House belonging to the popular musician.
It also said that no court order restrained it from carrying out its “statutory role in the public interest.” This submission was made by the Special Adviser to Governor Abiola Ajimobi on Physical Planning and Development Control, Mr. Waheed Gbadamosi, at a press conference in Ibadan that government gave ample opportunity for Music House to regularise its building plan.
He further said Ayefele was duly informed through several correspondences, adding that the action of the government to demolish the building was not politically motivated.
Gbadamosi, as NAN and The Punch put it, said that it was established during a visit to the building that it encroached into the Y Junction along Lagelu Estate, stressing that a canteen, toilets, store, and powerhouse, which were not in the plan submitted, were attached to the wall fence.
He added that the mast erected and staircase on site were not included in the plan submitted, noting that the basement of the plan which was meant for car park had also been converted.
Gbadamosi said that a letter was sent to Music House on June 29, 2018, to submit a fresh building plan application that will reflect the existing structures on site and regularise the anomalies.
He alleged that the radio house deliberately ignored the letter until the demolition notices were sent on August 13, 2018, based on the earlier request for the submission of AS-Built Plan for approval
Gbadamosi reiterated that government’s action was not based on sentiments or a witch-hunt, saying contravention notices had been served to different organisations in the state since June 14, 2017.
He insisted that the building plan from Music House deviated from the approved plan, adding, “this made the approval null and void because a deceitful information was given to the approving authority.”
What has been the position of Ayefele, the property owner, to the development? He received it with stoic equanimity. He spoke on Sunday evening on a programme on the radio station, which, as Premium Times put it, commenced online transmission after the demolition.
“Don’t cause trouble. Don’t even touch the caterpillar parked in front of the music house. I beg of you all. The government has done what they deemed fit.”
“Fresh FM continues despite the demolition. So far we don’t do anything against the government laws and we’ve not breached the broadcast regulations. Let God judge.”
“If something pains one and you can’t fight, you leave everything to God. Our programmes will surely continue. Thanks to the digital age,” he said.
“My special appreciation goes to Toyin Arulogun, the state Commissioner for information. He was the one who started the case and the one who finished it,” the musician said.
The musician, as contained in the report, also appreciated the Nigerian Broadcasting Corporation (NBC) for sending one of its representatives to witness the demolition. He also commended the workers of the demolished radio station for their resilience.
