Traders in Mpape Old Market in Bwari area council of the Federal Capital Territory (FCT) have petitioned the Inspector General of Police, Kayode Egbetokun and Minister of FCT, Nyesom Wike over the ongoing demolition of the market structures by the authority.
The affected shop owners lamented that the ongoing demolition activities by the Bwari area council through the Abuja Environmental Protection Board (AEPB) has resulted in significant destruction of properties, loss of life, and the obliteration of livelihoods, without any compensation or alternative arrangements for the affected traders.
The traders through their counsel, Dr. Sulaiman Usman (SAN) and Life Bencher, in a petition to the IGP and FCT minister dated July 25, 2024, frowned that despite the pending application for an interlocutory injunction currently before the High Court of FCT, Bwari Division, the demolition operations have continued unabated.
“This constitutes a severe disregard for the rule of law and the judicial process. It should be noted that once a dispute has been submitted to the jurisdiction of the court, no party should take any advantage of the legal process by making changes to the status quo of the property or otherwise altering the situation in their favour or prejudice the outcome of the lawsuit.
“As our clients did informed us, they are of the firm view that it is the defendants in the above mentioned suit in their quest to surreptitiously take over the market which is the subject matter of the case that has maliciously instigated the AEPB to carry out the demolitions using police, led by DPO Mpape and even Vigilante”, the petition stated.
Usman reminded the IG and minister of relevant legal precedents set by the Supreme Court which he said the importance of respecting the judicial process, including allowing the court to determine the matter before taking further steps so as not to foist on the court a fait accompli and/or render its decision nugatory.
He said demolition has led to loss of lives, adding that market stalls and shops have been razed to the ground, causing substantial financial losses to the owners.
Usman argued that even a case of compulsory acquisition, by which the government or its authorised agent takes private property for public use comes with compensation to the owner.
The petition stated: “The demolitions being carried out are neither justified by the circumstances nor in accordance with due process of law. Consequently, the affected community is in a state of desperation and anxiety, with no clear recourse or solution in sight.”