The Ogun State Government and Olufunke Daniel, owner of the DATKEM plaza, have traded words over the demolition of the building.
The DATKEM plaza, which is owned by the wife of Senator Gbenga Daniel, a former governor of the state, was brought down on Sunday after what the Ministry of Physical Planning and Urban Development said was a contravention of state building laws.
According to a communication that the project manager and developer of the building, Adeolumi Environmental Services Ltd., Olusegun Lawal (Engr.), had with Sahara reporters, the building, which cost N1 billion, was brought down for “not enough parking space.”
But Lawal noted that the “front of the building is Folagbade Street, sided by two (2) undeveloped streets which are being prepared by the developers to be tarred to support parking, while the empty piece of land at the back is being negotiated for a lease to complement car parking”.
Others are: “Inadequate Muster Point: A Muster Point is any space outside the building where people can gather in case of fire or emergency. There is ample space around the building that can be used as a Muster Point.
“Inadequate Airspace. This is a new one. But there is enough airspace as there is no single adjoining building around the 4 sides of the building.
“There is also no concrete fence but only metal grills to ensure proper airflow. It must be noted that there are other buildings in the vicinity that do not even come close in terms of compliance on safety matters. All this information is known by the relevant personnel of the government in ongoing discussions.”
He noted that the notice of demolition given by the government was for three days.
However, the state government, in response to the developer, said that the plaza is an illegal structure without an approved plan.
Olayiwola Abiodun, Permanent Secretary, Ministry of Physical Planning and Urban Development, said that the structure violated the building codes of the state with numerous defects.
He reported that despite several efforts made by the state government to stop further development on the site, the developers disregarded these attempts.
Furthermore, government officials had requested the structural engineer responsible for the building to provide information regarding the building’s structural integrity, but this request was also ignored.
The statement from the ministry highlighted previous incidents of building disasters across the country, emphasising that the Ogun State Government would not simply stand by and allow such events to occur.
It pointed out that many of these disasters, such as the fire outbreaks in Ikorodu, resulted in the tragic loss of lives.
The permanent secretary clarified that the government’s decision to partially demolish the flawed building was a proactive measure.
Abiodun challenged the owners of the structure to produce evidence of government approval in their possession.
The permanent secretary said that a commercial building of this nature must include adequate parking for both employees and visitors, as spelled out by the law, which mandates 45 to 50 percent of the land for construction as a buildable area.
He also added that the building did not possess stage certifications, typically issued during different construction phases.
He noted that despite multiple notices, including abatement, contravention, stop work, and demolition, issued to the owners between May and October 2022, these warnings were disregarded.
According to the statement, DATKEM Enterprises Limited submitted an application for an office building located along Ibadan Road, Ijebu Ode, in 2009 with registration number CB/05/299/2009.
“The proposal was for five (5) floors with airspace of 3 metres at the right, 5m at the left, 5metres at the rear, and a setback of 32.5516 metres to the middle of Ijebu Ode/Ibadan Road, Ijebu-Ode.
“The Zonal Town Planning Office observed during routine monitoring that the construction on site did not conform with the plan granted as there was a deviation from the airspaces and setback.
“In addition, the building had been modified and enlarged with an additional-story building at the back, thereby becoming over density. In view of the above, the following actions were taken:
“Contravention Notice with Serial No. 0106983 was served on 24th May 2022. Stop Work Order with Serial No. 000623 was served on 24th May 2022.
“Another Stop Work Order with Serial No. 001065 was served on 22nd July 2022 when the first notice was ignored.
“Demolition Notice with Serial No. 0007549 was served on 11th October 2022.
Serial No. 000815’s notice to seal was delivered on October 4, 2022.
Despite these notices, the developer remained uncooperative and went on with the building activities.
“This prompted the re-sealing of the site on 1st August, 2023. But the sealing did not stop the developer from further construction as work continued on the site.
“However, the developer wrote an appeal for unsealing, which was considered so as to evacuate the belongings in the premises. Thereafter, a quit notice with Serial No. 0030750 was served on 31st August, 2023. In view of the above, since the developer had remained recalcitrant, the Zonal Town Planning Office’s recommendation for the demolition of the office building was upheld,” the statement added.
The state government reiterated its avowed commitment to ensure the safety of its citizens, adding that any defective buildings in any part of the state will be demolished to safeguard the lives of the people.
In response to the state government statement, P.A.G.E. Law Office, legal counsel to Olufunke Daniel, owner of the demolished DATKEM Plaza, issued a statement on Sunday.
The law office not only expressed shock over the actions of the state government but also narrated its account of the entire story leading to the demolition.
In the press release, it said that they were shocked over the flagrant disregard of court order, taking into account that the state government was served papers on “Thursday, September 7, asking them to stop all actions on the building.”
The law office narrated the genesis of the matter, saying that the matter actually began when the state planning and development authority sealed the building on August 1 without any prior notice.
“Interestingly, a quit notice was only served on August 31 by the same Planning and Development Authority, asking the owner to vacate the premises within three days,” it said.
It revealed that upon receiving the earlier notice on August 1, the owner had applied for unsealing and regularisation the next day with a mandatory fee of N500,000 paid to the Ogun State government.
It said that they were shocked that after this payment, “the Ogun State government ignored the ongoing legal process and went ahead to demolish the complex in the early hours of Sunday.”
P.A.G.E. promised that as a law-abiding citizen, Daniel will “continue to seek redress in the courts,” regardless of the unquantifiable losses suffered as a result of this demolition.
They added that they believe that the state governor, Dapo Abiodun, isn’t aware of this demolition, and if he is, then it is a pure case of using the instrument of state against Daniel, which according to them is nothing short of “executive recklessness.”
