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With condemnation still trailing the Sunday morning demolition of the Music House belonging to popular gospel musician, Yinka Ayefele, controversy raged on Monday when it was reported that the Oyo State Government had denied demolishing the building which houses Fresh FM 105.9.
The state government, through its counsel, Mr Yomi Alliyu, was reported to have made the denial when he appeared before Justice Iyabo Yerima of the State High Court, Ring Road, Ibadan, on Monday.
Alliyu appeared for the first and second defendants, Governor Abiola Ajimobi and Mr Bola Abimbola, the Attorney-General of Oyo state, in a case instituted by Ayefele against the defendants.
The counsel was quoted as saying that his clients were shocked to read about the reported demolition on Sunday morning.
According to him, the state government is planning to set up a panel of enquiry to find out those responsible for the demolition.
”My clients are men of honour that respect rule of law and constituted authority and will have no reason to demolish the said property,” he had told the court.
But at a press conference organised by the Ministry of Information later in the day, Alliyu explained that his submission at the court was not a denial on the part of the state government.
His words: “What I said in court was that the governor and the attorney general, no one would have expected them to have come to the site and start demolishing the project.
“I never said that the Oyo state government is not aware”
Alliyu explained further that “I said the governor will investigate whether the appropriate body of government carried out the demolition, if the demolition had been done.”
During the court hearing, Ayefele’s counsel, Mr Olayinka Bolanle, had informed the court that the respondents had gone ahead to demolish the structure in spite of a court’s restraining order.
He said: “Even after the defendants had become aware of this proceedings, it is sad and unbelievable my Lord that the defendants in the wee hours of Sunday, Aug 19, went to the property in dispute and demolished it,”
But Alliyu explained at the press conference that he countered that submission by stating that the court records did not show that the governor and the attorney general were served personally.
He said: “In the civil service, it takes time for a process or a letter to get to the table of a governor. And I said in court that service should be personal. There is no place in the court’s record where it is stated that the learned attorney general was served personally or that the governor was served personally. I even introduced another dimension that is: if I want to be in that position, I will take the bailiff to the Chief of Staff, Head of Service, Commissioners…important officers of the apparatus of government. And I stated laws, repeal laws of 2015 that approbated Ministry of Physical Planning and Environmental; that these are dead bodies that the claimant put on its writs. How can you put a non-existing body on your writ of summons?
The claimant’s counsel had urged the court to reiterate its earlier order restraining the defendants from further demolition of the rest of the structure pending the determination of the suit.
But Justice Yerima adjourned the case until September 12, 2018 for hearing of applications and urged parties to file necessary processes before the adjourned date.
According to Alliyu, no injunction was given against the government.