Ilasan Housing Estate plan take over: Morka, Falana talk tough Felix Morka, Femi Falana ready for legal showdown.
As the mother hen gathers her brood under her wings, to shield them from the plowing eyes of ferocious hawks, in like manner, Maroko evictees, who were forced to live in the then jungle call Ilasan Housing Estate following their record breaking forceful eviction by military regime, political and royal predators of Nigeria, are now seeking refuge under the arbitrating safe haven of radical and consistent advocates whom they believe their legal wings are adequate enough to provide the needed blanket for their constant shivering hearts against the elitist hawks who are bent in gulping down again the Maroko evictees.
Femi Falana, a human rights lawyer who was the evictees’ saviour when Raji Rasaki and his allies were splitting fire by threatening to further throw the evictees out of the Ilasan Housing Estate in 1990 by going to court to seek a restraining order against the Lagos military government, told the author that he too has seen the gathered cloud of trouble hovering over Ilasan Housing Estate and was warming up to enter into another judicial round with any private, or governmental organization bent on evicting the people from their current abode.
In the same vein, rights activist and lawyer, Dr. Felix Morka, who also is the Executive Director, Social and Economic Rights Action Center (SERAC), who has been in the forefront of the struggle for the reversal of the injustice done to the displaced residents of Maroko in 1990; who on December 3, 2008, in collaboration with a UK-based leading law firm, Debevoise and Plimpton, filed another landmark communication before the African Commission on Human and Peoples’ Rights against the state of Nigeria on behalf of the victims of Maroko Community in Lagos; who were forcibly evicted from their homes and businesses by the government of Nigeria in violation of the African Charter on Human and Peoples’ Rights, told the author that Ilasan was not an estate anyone can take without a fight.
But, some concern observers of the impending trouble looming round Ilasan Housing Estate, are now canvassing for more Senior Advocates to join the train of Femi Falana and Felix Morka in order to strengthen the legal team backing Maroko evictees against land speculators and developers, who are friends of the high and mighty, and with the resources to buy anything and anybody, and would not stop at anything until Ilasan Housing Estate like Maroko, is also conquered.
Olisa Ogbakoba (SAN) was on the same train on the way to the reversal of the injustice done to Maroko evictees. A member of Maroko Evictees Committee who pleaded anonymous because of the past relationship between Agbokoba and members of the committee told the author that Olisa Agbakoba compromised his legal integrity and fell by the way side.
Further investigation revealed that Olisa Agbakoba was the renowned lawyer the late Pa Aiyeyemi had refused to mention who allegedly negotiated a bribe on behalf of the Onirus with ten executive members of Maroko Evictees’ Committee for the case to die.
Olisa Agbakoba, according to the source, though a SAN, could not distinguished between advocacy and intermediary hence he abandoned his role as an advocate for Maroko evictees and took the role of a mediator; negotiating a compromise between the Complainants and Respondent.
He was allegedly used by the Onirus (the respondent) to negotiates with ten executive members of Maroko Evictees Committee (Complainants), to be given a flat each in choice areas, and in return, abandon the Maroko legal tussle. The Evictees Committee under the leadership of Pa Aiyeyemi declined the offer, chosen to die in abject poverty rather than betrayed the trust Maroko people repose in the leadership.
As at the time of filing in this report, Olisa Agbakoba had yet to respond to questions bordering on the allegation via his face book inbox. His available number did not respond when an attempt was made at reaching him.
A political scientist and a lecturer at the University of Lagos (UNILAG), who wished not to be mentioned for fear of being victimized, said going by the growing injustices in the country and the lack of interest by notable lawyers who are senior advocates to take up cases involving the downtrodden in the society, the criteria for selecting a senior advocate and other humanitarian honour in the country should therefore be reviewed.
“The corruption in the system is not sparing the judicial sector at all! How do you explain a situation like that of Maroko, for over 25 years, the matter has continued to linger. Lawyers are not interested in rising to the occasion to defend the defenseless. In spite of the many SANs we hear their names in Nigeria, only very few like Femi Falana are courageous enough to stand against injustice done to the less privileged by their leaders. Where are we really going in this country when lawyers known to be rugged in the pursuit of national justice, are now becoming cowards? It is really a dent on the legal profession. Lawyers must learn to rise above the pursuit of money and learn to be blessings to those in their communities”, he said
But, Femi Falana, one of the lawyers involved in the Maroko legal struggle, who had remained consistent with Maroko evictees, said the demolition of Maroko was not simply a judicial matter; but rather, it was a socio-economical and a political matter.
According to him, the rich in Victoria Island, through the then military regime, decided to wipe out Maroko so that it can be rebuilt solely for the rich.
“That was exactly what happened. Whereas, the argument then was that Maroko was submerged and it was not fit for human habitation. What the government did later, was to sand fill at colossal public expense and then distributed the land among the elites. And that is why you have new Victoria Island in the place.
“What we did then, because the people were scattered and we went to several courts and didn’t get justice. I tried a fast one by simply going to court to say that the government could not eject them without going to court; and that was upheld. That was how we were able to get them to remain there” he told the author in an interview at the Civic Centre, Lagos.
He confirmed that there are indeed fresh threats to eject Maroko evictees from their current Ilasan Housing Estate. “I have taken it up with the government. What I have been told which I am yet to confirm is that: some of the buildings are not okay and could give way and lead to building collapse; for which reasons government would like to get the people out with a view of rebuilding. I hope that is true. We have a duty to keep them there and to protect them. I am going to confirm what the position is and take it up with the government”, he said.
He said explained that the Oputa Panel set up by the former president Olusegun Obasanjo to investigate human rights abuses in the country was not a judicial panel. “It was an administrative panel set up by the Obasanjo’s regime. Unfortunately, the decision of the panel was not obeyed by the Lagos state government. It will be very difficult to hold the government accountable based on the report of that panel. For me, all hope is not lost. We must continue to protect the people of Maroko and insist that justice be done for those who have been stranded”, he said.
Speaking to the author in his Omole Phase 1 office, Lagos, Human Rights Activist and the Executive Director, Social and Economic Rights Action Center (SERAC), Dr. Felix Morka, said though, the Lagos State Building Control Agency (LABCA) has the authority and the duty for that matter, to ensure that buildings that are structurally defective and poses a threat to the citizens are compromised or destroyed before they do damage; warning that while that is done, SERAC would also not accept anyone using that as a cover to try to destroy the estate.
“As a matter of fact, we have also made it clear that even those building that would be pulled down would also be rebuilt by government; so that the owners can have their buildings back. All of that detail we are currently working on. We are hoping that in the next few months we will have clarity on how this process would happen”, he said.
Felix Morka, who described the facts-checking process of SERAC as ‘unbelievable’ and ‘strict’, said in truth, he was not aware of any latest plan by government to evict Ilasan residents out of their homes. “As we speak, I am not aware that there is any immediate plan to destroy Ilasan Housing Estate by Lagos state government; and I hope there is no such plan. If anything at all, the government should be thinking how to go into Ilasan, help extend social services to the community and enable the people to live better. What I am aware of is that the Lagos State Building Control Agency (LABCA), is concerned that a few buildings in the community maybe either distressful or maybe structurally defective and that it may pose a threat to the occupants. Recently, we have had meetings with LABCA to discuss that concern; how those buildings maybe either compromised or brought down to ensure the safety of not just the occupants but also the people who live in the estate”, he said.
According to him, there were some people within the government, and the business community who just think Ilasan is take-able. “That is where we are having problem. We have resisted several attempts. The idea of relocating the people of Maroko is not acceptable to them and to any right thinking citizen. Ilasan is not an estate anyone can take just like that without a fight. But, hopefully all that would not be necessary because my assumption is that Lagos state government would realize Maroko people are very special group of people who have suffered repeated injustice and violence at the hand of the state. So, I do not expect the current government in Lagos state to make things worse for the people”, he said.
The Harvard trained lawyer who was particularly not burdened that the land that was seized from Maroko people have been turned into one of the most expensive real estates in the country, lamented that the real owners of the land have been left to suffer and die in abject poverty without any attempt from government to alleviate the pains inflicted on them as a result of the eviction.
“The Oniru estate, most of that land that comprises Oniru estate and part of Lekki Phase 1 are Maroko land; where the Shop Rites is, the British International School and all of those multi billion naira houses on that district are built on the land of Maroko people: And yet those who own the land are still living in total desolation without a word from their government. It’s just wrong”, he said.
“When the people moved in to Ilasan housing estate, the road was like a very narrow path. But today, after 25 years, there is a lot of development in the corridor. A lot of expensive real estate is coming there. The people who are driving this expansion of Lekki now see Ilasan as a bride and are asking what is this estate doing here? It doesn’t look like the others, it is not as posh as the others; it is a colony of the poor: and many of them now think Ilasan shouldn’t be there and that in its place, they need to see buildings that are designed exclusively for the super rich standing there. But in all of that nobody is taking the time to think about the people of Maroko. The few who are in Ilasan are lucky. Like I said, over 7,000 of them used to own houses. Some of them owned more than one house in the former Maroko and now are without even a roof over their heads”, he said.
He said SERAC, in partnership with a United Kingdom base Debevoise & Plimpton had filed a communication against the Federal Republic of Nigeria before African Commission on Human and Peoples Rights, which is the regional human rights body responsible for enforcing the provisions of the African Chapter on People’s Rights which Nigeria ratified in 1983 (which is part of domestic law in the country).
“We got a favourable ruling on admissibility (which made that communication to be admissible under the rule of the African Commission). We are currently now preparing the full brief to the commission where we would lay out all of our concerns. So, we have prepared over a-300-page brief (legal arguments) before the commission that we are due to submit in the next few days. But, the decision by the Commission deeming that communication to be admissible by itself is some kind of victory in this matter. We are pursuing it as relentlessly as possible”, he said.
In the communication filed by SERAC on behalf of Maroko residents, the applicants submit that the Nigerian government has violated their rights under Articles 2, 4, 5, 6, 7, 14, 15, 16, 17, 18, 22 and 24 of the African Charter and Article 16 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in African and addition to violations of corresponding provision of the:
Universal Declaration of Human Rights (UDHR) U.N Doc. A/810, 71 (1948); International Covenant on Economic, Social and Cultural Rights (ICESCR), U.N Doc. A/6316 (1966) ratified by Nigeria on October 29, 1993; International Convention on the Rights of the Child (CRC), U.N Doc. A/RES/44 (1989 (ratified by Nigeria 19 April 1991; International Covenant on Civil and Political Rights (ICCPR), U.N Doc. A/6316 (1966) ratified by Nigeria 29 October 1993.
The communication filed by Dr. Felix Morka’s SERAC is seeking consideration by the African Commission on Human and Peoples’ Rights under Articles 55 and 56 of the Charter, and special attention by the Assembly of Heads of State and Government of the African Union (A.U) and an in-depth study by the African Commission pursuant to Articles 58, base on the serious violation allegedly committed by the Respondent (Nigerian government).
In a letter of admissibility with Ref: ACPR/COM/370/09, titled: Social and Economic Rights Action Center (SERAC) V Nigeria, sent to SERAC by the African Commission on Human and Peoples’ Rights, dated 24 September 2013, and signed by the Commission’s Chairperson, Hon. Dupe Atoki, and Secretary Dr. Mary Mabokere, ACPR acknowledged that the SERAC’s communication was adopted by the Commission during its 14th Extra Ordinary Session, held in Nairobi, the Kenyan capital from 20-24 July 2013.
The Commission noted that by no fault on its part, the Complainant has not exhausted local remedies because those remedies have been unduly prolonged. The Commission thereby agreeing with the Complainant that the requirement to submit the Communication within reasonable time has been satisfied and therefore declared SERAC’s communication admissible in accordance with Article 56 of the Charter.
Maroko evictees had pursued their claims in the Nigerian national courts and other independent bodies for more than 23 years but had yet to obtain any relief, remedy or redress, making legal action in Nigeria both futile and unduly prolonged.
After the total demolition of Maroko in 1990, Lagos state government gave allocation papers to about 3,000 of the Maroko evictees to occupy the uncompleted flats at Ilasan, Ikota and the 70 kilometer distance Epe Federal Housing Estates. About 1,000 out of the purported 3,000 allocations were not available because they were yet to be built. Even today, some of the allocations are either still at foundation level or empty lands.
In reality, only about 2,000 out of the 10,000 house owners of Maroko were given some sort of shelter after the eviction. The remaining 8,000 former house owners of Maroko are still groaning under extremely harsh economic conditions still waiting for justice.
Findings has also shown that Lagos state government under civilian administrations had actually attempted displacing the former Maroko evictees out of their current abode in Ilasan Housing Estate otherwise known as Jakande Estate along Lagos-Epe Express by sending demolition gangs more than five times. Those demolition gangs allegedly razed about 100 shanties belonging to Maroko evictees.
NATHANIEL AKHIGBE
