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Akinwande Soji-Ojo
A legal practitioner based in Ibadan, Mr Adeniyi Muhammed Uthman, has dragged Oyo State Government to court for converting a large portion of Agodi Botanical Garden, Ibadan, to a housing estate.
The botanical garden, which is over 40 years old, is located between Mokola hill and the state secretariat, in Agodi. It was originally established for flood control and preservation of nature and animals.
About nine hectares of the land was redeveloped by the administration of late Governor Abiola Ajimobi between 2014 and 2015 for recreation, and was christened Agodi Gardens.
But the current administration of Governor Seyi Makinde has commenced a redevelopment of over 40 hectares of the natural site to a housing estate, citing the use of the reserved place as a hide-out by criminals and need to provide housing for residents as the reason for the government’s decision.
Uthman, in the suit filed at an Oyo State High Court, is seeking “a declaration that the Agodi gardens situate at Agodi, Ibadan, Oyo State (otherwise called Agodi Botanical gardens) as a tourist and recreational facility, forms one of the core and socio-cultural heritage of Ibadan as a City and Oyo State at large and which therefore ought to be preserved.”
He also wants “a declaration that the conversion (or purported conversion) and/or destruction of Agodi Gardens (otherwise called Agodi Botanical gardens) situate at Agodi, Ibadan, Oyo State by the Defendants without regard/recourse to its socio-cultural history, heritage and value, to make way for a/its proposed Baywood Estate project la private estate development agenda) or any other purpose is inimical to the heritage and history of Ibadan and Oyo State at large, repugnant to natural justice, equity and good conscience and therefore constitutes a flagrant abuse of power.”
The lawyer is also seeking “an order of this Honourable Court that the conversion of the Agodi gardens, Ibadan, Oyo State into a housing estate (of any sort) or any other purpose inimical to the history and value of the garden as a heritage of Ibadan city and Oyo State at large, is null and void and an order of perpetual injunction restraining the Defendants jointly and severally either by themselves, their servants, agents, privies or howsoever described from interfering or further interfering with, destroying or further destroying the Agodi Gardens, Ibadan, Oyo State as an heritage of Ibadan city and Oyo State at large.”
Makinde’s decision had generated controversy among elites who described the action as inimical to environmental protection and a destruction of a historical heritage.
Their criticism followed a similar decision by the government to convert the Trans Amusement Park, an expansive recreational park in Bodija, Ibadan, into a residential estate earlier in the year.
But the governor explained that the building of a housing estate in the botanical garden will not affect 75 per cent of the trees, adding that it will not also affect the Agodi Gardens constructed by the Ajimobi administration. He said the government actually planned to upgrade Agodi Gardens to a world-class recreation centre.
The court will start hearing the suit on January 19, 2024.
Listed as defendants are the Oyo State Government, Attorney General and Commissioner for Justice, Commissioner for Lands, Housing and Urban Development as well as the Commissioner for Environment and Natural Resources in the state.