Some traders at Mpape Old Market in Bwari Area Council of the Federal Capital Territory (FCT) have cried to 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 being executed by the Bwari Area Council through the Abuja Environmental Protection Board (AEPB) have resulted in significant destruction of properties, loss of life, and the obliteration of livelihoods, without any form of 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 mention 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 government or its authorized 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.
“Given the magnitude of the crisis, we earnestly solicit your immediate intervention to ensure that the demolition operations are suspended at Mpape Old Market until the matter pending before the High Court is resolved as this is in line with the legal principle that matters pending before a court of law should not be prejudiced by actions taken outside the court’s jurisdiction.
“Deploy adequate police presence to maintain peace and order, and to protect the lives and properties of the affected citizens.
Also, we want you to advocate for a dialogue between the concerned parties to find a humane and lawful resolution that considers the plight of the displaced traders and allow them to carry out their business within the premises of the Old Market where they have been doing their business activities for over 70 years even before the creation of Niger State and FCT.
“Your swift and decisive action in this matter will not only prevent further loss and suffering but will also reinforce public confidence in the Nigerian Police Force as a protector of justice and human rights.
“We trust in your esteemed office’s capacity to address this pressing issue with the urgency it demands.”
