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Alausa Ikeja Lagos The 3rd Respondent MINISTRY OF PHYSICAL PLANNING OF LAGOS STATE Lagos State Secretariat Alausa

a Ikeja Lagos The 4th Respondent MINISTRY OF THE ENVIRONMENT OF LAGOS STATE Lagos State Secretariat Alausa Ikeja Lagos The 5th Respondent MINISTRY OF AGRICULTURE OF LAGOS STATE Lagos State Secretariat Alausa Ikeja Lagos The 6th Respondent MINISTRY OF HOUSING OF LAGOS STATE Lagos State Secretariat Alausa Ikeja Lagos The 7th Respondent LAGOS STATE PHYSICAL PLANNING AND DEVELOPMENT AUTHORITY Lagos State Secretariat Alausa Ikeja Lagos The 8th Respondent LAGOS STATE ENVIRONMENTAL AND SPECIAL OFFENCES (ENFORCEMENT) UNIT Governors Office Lagos State Secretariat Alausa Ikeja Lagos The 9th Respondent LAGOS STATE TASK FORCE ON ENVIROMENTAL AND SPECIAL OFFENCES Governors Office Lagos State Secretariat Alausa Ikeja Lagos The 10th Respondent ENVIRONMENTAL SANITATION ENFORCEMENT AGENCY, LAGOS STATE Governors Office Lagos State Secretariat Alausa Ikeja

Lagos The 11th Respondent BAYO SULEIMAN, SP C/o Lagos State Environmental and Special Offences (Enforcement) Unit Governors Office Lagos State Secretariat Alausa Ikeja Lagos The 12th Respondent CHIEF ABDUL FATAI AROMIRE (OJORA OF LAGOS) Ijora Palace, Ijora Oloye Lagos State The 13th Respondent BAALE LUCAS OWOSHENI MEDUNOYE Baale Street, Ijora Badia Lagos

IN THE HIGH COURT OF LAGOS STATE IN THE LAGOS JUDICIAL DIVISION HOLDEN AT LAGOS SUIT NO: BETWEEN 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. PRINCE J. A. ILAWOLE MRS. ABIOLA OGUNYEMI AP. TUNDE ZACHARIAH MR. DARE OMOKOYA CHIEF A. A. ILAWOLE MRS. AMBIOLA OMOWOLE MR. SAMSON ENIGBOKAN MR. TUNDE AWORETAN MR. SEGUN DANIEL MR. ALBERT OLORUNWA MR. FRIDAY OGUNYEMI MR. ABIODUN AFEYISOLA-OJOADE

APPLICANTS

(On behalf of themselves and their families and as representatives of the owners/occupiers of the Badia East community, Apapa-Iganmu Local Government Area, Lagos State) AND 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. GOVERNOR OF LAGOS STATE ATTORNEY GENERAL OF LAGOS STATE MINISTRY OF PHYSICAL PLANNING OF LAGOS STATE MINISTRY OF THE ENVIRONMENT OF LAGOS STATE MINISTRY OF AGRICULTURE OF LAGOS STATE MINISTRY OF HOUSING OF LAGOS STATE LAGOS STATE PHYSICAL PLANNING AND DEVELOPMENT AUTHORITY LAGOS STATE ENVIRONMENTAL AND SPECIAL OFFENCES (ENFORCEMENT) UNIT LAGOS STATE TASK FORCE ON ENVIROMENTAL AND SPECIAL OFFENCES ENVIRONMENTAL SANITATION ENFORCEMENT AGENCY, LAGOS STATE BAYO SULEIMAN (SP) CHIEF ABDUL FATAI AROMIRE (OJORA OF LAGOS) (For himself and on behalf of the Ojora Chieftaincy family) BAALE LUCAS OWOSHENI MEDUNOYE

RESPONDENTS

AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE

I, Prince J. A. Ilawole, Male, Nigerian, Christian, retired businessman, of No. 1 Enigbokan Street, Badia East, within the area known as Badia East in the Apapa-Iganmu Local Government Area of Lagos State do hereby make an oath and states as follows:

1. That I am a resident and community leader of the area known as Badia East, as well as Treasurer
for the Badia East Community Development Association.

2. That, by virtue of my position, I am conversant with the facts that led to this case. 3. That I have the consent and authority of the other Applicants herein to depose to this affidavit. 4. That the area known as Badia East has been organized under the Badia East Community
Development Association (CDA) since the 1970s and consists of a narrow tract of land running alongside a railroad track from the Lagos-Badagry Expressway to Gaskiya Road within the IjoraBadia area of Apapa-Iganmu Local Government Area, Lagos State.

5. That the population of the Badia East community consists of over 50,000 residents,
predominantly Yorubas and Ilajes, who have been in possession of the area known and described as Badia East for many decades.

6. That I and most of the Badia East residents were born in Badia East or else were relocated here
from other areas of Lagos that were previously acquired for other government purposes and, therefore, this community is the only home we have.

7. That the Badia East community exists on part of the land acquired by the Federal Government in
Ijora-Badia for the Nigerian Railway Corporation and other purposes. Annexed hereto and marked Exhibit A is Map No. 21D, showing the area of Federal Government acquired land in Ijora-Badia, Apapa-Iganmu Local Government Area, Lagos State.

8. That Badia East was in 2004/5 identified as the site for a proposed urban renewal project to be
undertaken by the erstwhile Federal Ministry of Housing and Urban Development based on a study carried out by a company known as Molaj Consultants (entitled Urban Renewal in Badia, Apapa Local Government, Lagos State: Detailed Site Investigation Report, published February 2005 by the Federal Ministry of Housing & Urban Development). Annexed hereto and marked Exhibit B-1 and B-2 are two maps prepared by Molaj Consultants during this study that identify the area known as Badia East: (1) a topography map of Badia East (Figure 2.1) and (2) a (proposed) final detailed site development plan (Map 3.10).

9. That the lands comprising Badia East are also the subject of pending litigation between the Ojora
Chieftaincy family and some prominent individuals from Ijora-Badia at the Lagos High Court in SUIT NO: D/443/2002, CHIEF FATAI AROMIRE (THE OJORA OF LAGOS) & ORS Vs. CHIEF FESTUS DANIEL & ORS.

10. That on February 23, 2013, at about 7:00 a.m. a demolition squad from the Lagos State
Government began forcefully evicting thousands of residents of the Badia East using caterpillars, dozens of uniformed Lagos State Physical Planning and Development Authority (LASPPDA) agents (the 7th Respondent) and countless others working with the Lagos State Task Force on Environmental and Special Offenses (the 9th Respondent) and/or Lagos State Environmental and Special Offenses (Enforcement) Unit (the 8th Respondent), led by its purported Chairman, Mr. Bayo Suleiman (the 11th Respondent).

11. That the demolition squad was backed by at least 100 heavily armed members of the Nigerian
Police Force, who assisted the demolition squad in chasing people from their homes and intimidating and detaining members of the community, which nevertheless remained peaceful throughout the course of the demolition exercise.

12. That, for instance, three young men were arrested and detained throughout most of Saturday in a
Black Maria vehicle belonging to the Lagos State Task Force on Environmental and Special Offenses (the 9th Respondent) parked on the site, preventing them from assisting their families to remove belongings and serving as an ominous warning to members of the community.

13. That the Lagos State Government demolition squad worked throughout the day of February 23,
succeeding in destroyed hundreds of homes, along with businesses, churches and community facilities and rendering as many as 10,000 residents homeless. Attached and marked as Exhibit C-1 and C-2 are two news articles relating to the demolition.

14. That none of the residents whose homes and businesses were demolished received notice of the
demolition exercise and, therefore, were caught unawares on the morning of Saturday, February 23, forced to scramble to remove what few possessions they could before their homes and business places were smashed.

15. That since Saturday night, thousands of evicted residents have had no choice to sleep outside with
their salvaged belongings or have been accommodated temporarily in crowded churches and homes in neighboring parts of the community.

16. That no Lagos State official present in the Badia East community on February 23, 2013 would
provide any information to community members about the purpose of the demolition, the physical extent of the demolition, or the duration of the demolition.

17. That the few things we know or suspect about the purpose of the demolition we have learned
through our own observations and the efforts of our community leaders and lawyers/solicitors at the Social and Economic Rights Action Center (SERAC).

18. That on Wednesday, February 20, 2013, members of the community including myself and the
other two Applicants, saw a team of about twenty officials from the Lagos State Government with an armed police escort enter the Badia East community in four vehicles, including a van marked as belonging to the Ministry of Housing of Lagos State (the 6th Respondent).

19. That among this group, we identified the Commissioner of Agriculture for Lagos State (the 5th
Respondent), who is known to us because of his familial relationship to the Ojora Chieftaincy family (the 12th Respondent).

20. That community members who followed the group overheard them discussing plans for a project
to be undertaken by the Ministry of Housing of Lagos State (the 6th Respondent) and watched them tour of the area of the community known as Oke-Ilu-Eri to scope it for possible demolition.

21. That this group was observed also visiting Baale Lucas Owosheni Medunoye (the 13th
Respondent) appointed by the Ojora Chieftancy family (the 12th Respondent) for the Oke-Ilu-Eri portion of the community.

22. That these observations caused rumors to start to circulate through the community, which spent
the following two days in a state of apprehension and concern, uncertain of whether a demolition would come, who would be affected, and when.

23. That, from February 20-22, 2013, I and other community leaders worked tirelessly with our
lawyers at SERAC to try to learn the Lagos State Governments intentions.

24. That on the evening of Wednesday, February 20, in the Badia East community, Mrs. Abiola
Ogunyemi, another resident and community leader of Badia East, told me and I verily believe that in the early evening of Wednesday, February 20, she went to see Baale Lucas Owosheni Medunoye (the 13th Respondent) to learn what had happened during his meeting with the Lagos State Government officials who had visited him; that Baale Medunoye told her that he had been given a letter, but he was not able to read the contents and that this was not his business; and that the Lagos State Government officials had instructed him to deliver the letter to the Ojora Chieftancy family (the 13th Respondent), claiming they did not have time to deliver it themselves.

25. That on Wednesday, February 20 at about 4 p.m., in the Badia East community, Dinma Nwanye,
the community relations officer at SERAC, told me and I verily believe that Mrs. Abiola Ogunyemi promptly put Baale Medunoye (the 13th Respondent) on the phone with her and that he told her the same story and refused to answer further questions.

26. That in the afternoon of Thursday, February 21, community members including Mrs. Abiola
Ogunyemi and several others, along with four staff members of SERAC had a meeting with Baale Medunoye (the 13th Respondent) at his meeting place in the Oke-Ilu-Eri portion of the Badia East community.

27. That following the meeting, in Badia East, both Mrs. Abiola Ogunyemi and Dinma Nwanye of
SERAC told me and I verily believe: a. That during this meeting, community members demanded that Baale Medunoye provide them with a copy of the letter that had reportedly been delivered on February 20 or tell them the contents; b. That Baale Medunoye still claimed not to know the contents and said that it was not right for him to read correspondence intended for his superior, meaning the 12th Defendant, and it was also not right for the community to be questioning him; c. That Baale Medunoye admitted that he had signed the back of the letter to acknowledge receipt, but claimed that he did so not in his capacity as Baale, but in his capacity as a servant/representative of the Ojora Chieftancy family (the 12th Respondent). d. That Baale Medunoye at that point refused to go to the Ojora Chieftancy family to demand the letter back.

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That following on this meeting Mr. Albert Olorunwa told me and I verily believe: a. That around 2:30 p.m. on Thursday, February 21, Mr. Albert Olorunwa and another community leader, Mr. Sunday Ogunyemi, and a team of four staff persons from SERAC went to Alausa to try to seek further information from the ministries who had visited the community the day before. b. That on his way driving to Alausa, Mr. Albert Olorunwa was able to call the Commissioner of Agriculture (the 5th Respondent), who is a member of the Ojora Chieftaincy family and a brother to Baale Medunoye (the 13th Respondent), and who

informed Mr. Albert Olorunwa that if he wanted to know more about the letter, he should go to the Ministry of Housing. c. That, based on this information, Mr. Albert Olorunwa and the SERAC team went to the Ministry of Housing (the 6th Respondent) and visited several offices until they finally ended up having a brief meeting with the Special Adviser on Housing, which began at about 3:30 p.m. in his office. d. That, during this meeting, the Special Adviser on Housing denied knowledge of any demolition planned for the Badia East community, even while his comments indicated he knew of the community and that the Ministry had some development project planned for the area. e. That the Special Adviser further refused to make any calls to help the community find out if another ministry or agency of the Lagos State Government might be planning a demolition and, finally, he walked out of our meeting without providing any information.

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That in the evening of February 21, 2013 SERAC staff Megan Chapman informed me via telephone and I verily believe: a. That in the early evening of February 21, 2013, she called the one Mr. Tedunjaiye, the Secretary to Baale Medunoye (the 13th Respondent), who also happens to work for the Press Secretary of the Lagos State Government. b. That in their conversation, Mr. Tedunjaiye assured her that he had seen the letter received by Baale Medunoye (the 13th Respondent) and delivered to Chief Fatai Atomire (the 12th Respondent) and that it did not indicate any date for demolition. c. That Mr. Tedunjaiye moreover assured her that he had been informed that no demolition would take place before the affected residents had an opportunity to engage with the Lagos State Government at a meeting that would be organized the following week at the palace of Chief Fatai Atomire (the 12th Respondent).

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That, in the face of the rumors circulating and the lack of information, our lawyers at SERAC on Friday, February 22, 2013 wrote and delivered a letter on behalf of the Badia East community to the 1st Respondent, with a copy to the 2nd-6th and 8th-9th Respondents. Annexed hereto and marked Exhibit D is the acknowledgment copy of this letter. That on the afternoon of February 22, 2013 SERACs Director, Felix Morka, told me and I verily believe: a. That on Friday, February 22, 2013, at about 12:00 p.m., he and another SERAC staff met with the Commissioner of Housing (the 6th Respondent), along with the Permanent Secretary on Housing, the Special Adviser on Housing and other Lagos State Government officials, who unequivocally denied knowledge of any planned demolition in the Badia East community. b. That the Commissioner of Housing nevertheless admitted that his Ministry has a project planned for the land within the Badia East community, but said that his Ministrys job is only to build houses once land is delivered unencumbered. c. That the Commissioner expressed certain sympathy for SERACs appeals that demolitions cannot be separated from the purpose for which they are carried out and that

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the Ministry should follow a consultative process in approaching the Badia East community about its intended project; that further, the Special Adviser on Housing pledged to raise SERACs concerns about demolition at an inter-ministerial meeting the following week.

32. That in the afternoon of Friday, February 22, at about 2:00 p.m., myself and other members of the
Badia East community visited Chief Fatai Aromire (the 12th Respondent), representing the Ojora of Lagos at his palace to demand a copy of the letter given to him on February 20; that in this meeting, the Ojora said he had given the letter to his lawyer and could not offer further information as to its contents, but that he would endeavor to make a copy available on Monday, February 25.

33. That, in light of the massive demolition exercise that commenced early the morning of the
following day, all of the above indicates not only the total lack of proper notice to any of the residents of Badia East whose homes and businesses were demolished, but in fact deliberate attempts to deceive and mislead the community and deny them information.

34. That the demolition carried out on Saturday, February 23, 2013 was similarly characterized by
total lack of information to affected residents, with those carrying out the demolition steadfastly refusing to answer questions about which authorities within the Lagos State Government were responsible, how long the demolition would last and where it would continue until.

35. That, for instance, on February 22 2013, SERACs Megan Chapman informed me and I verily
believe: a. That during the course of the demolition, she spoke to Bayo Suleiman (the 11th Respondent), who serves as Chairman of the 8th and 9th Respondents, and asked how long the demolition would go on and to where it would stop so that the community could prepare itself; but that Bayo Suleiman only responded that the demolition would continue until we are done. b. That, unsatisfied with this answer, she asked again and was told that he was only a policeman, that he was not making decisions. c. That, unsatisfied with this answer, she asked who exactly was responsible for determining the scope of the demolition and was repeatedly told that he took orders from the Lagos State Government, but he refused to say whether this meant the 1st Respondent or any particular ministries.

36. That the demolition squad, including uniformed members of the 7th Respondent, have continued
to work on Sunday, February 24 and Monday, February 25, supported by numerous heavily armed members of the Nigerian Police Force.

37. That because of the lack of notice and continued lack of any real information, the remainder of
the Badia East community is in a state of confusion and apprehension of how far the present demolition will go, who else will be displaced, and when.

38. That meanwhile thousands of displaced residents, who have received nothing by way of
compensation, alternative accommodation or other assistance from the Lagos State Government, suffer the tribulations of homelessness, loss of property and income.

39. That the one fact that has been confirmed by the Lagos State Government is that it intends to take
over the land in Badia East for purposes of a project to be undertaken by the Ministry of Housing.

40. That we know of no notice of revocation of rights of occupancy published or gazetted by the
Lagos State Government relating to this lands under the Land Use Act.

41. That we similarly know of no offer or agreement by the Lagos State Government to purchase the
land in question from those who properly have title.

42. That we know the land on which Badia East sits to be federal land, belonging either to the 12th
Respondent, the Nigerian Railway Corporation, to which the Badia East Community Development Association (CDA) has paid annual rent for many years, or to the 13th Respondent, the successor in interest to the erstwhile Federal Ministry of Housing and Urban Development. Attached and marked Exhibit E are copies of some of our rent receipts paid to the Nigerian Railway Corporation and other relevant documents.

43. That in any event, the land in question is the subject of ongoing litigation (SUIT NO:
D/443/2002, CHIEF FATAI AROMIRE (THE OJORA OF LAGOS) & ORS Vs. CHIEF FESTUS DANIEL & ORS before the Lagos High Court) and no asserted title to land can be definite until that litigation is resolved, despite the purported transfer of the land from the 13th Respondent to 6thRespondent they announced in a press conference two days after demolition, as evidenced by the news article attached herein and marked Exhibit F.

44. That I and the other Applicants have instructed our lawyers at the SERAC to commence a new
lawsuit, coming by way of originating summons to challenge the above methods employed by the Lagos State Government to forcefully evict us without notice and acquire lands to which title is uncertain without due process of law and seeking declaratory relief as well as several perpetual injunctions.

45. That because of the lack of notice and the emergency situation we find ourselves in, our lawyers
have not yet had adequate time to prepare the fresh substantive suit and comply with the frontloading requirements under the Lagos State High Court Rules of Procedure, but will be filing the substantive suit as soon as possible.

46. That in the meantime, thousands of members of our community are sleeping outside, left to
protect themselves and their properties against the elements, while the remainder of us live in constant fear that the demolition exercise will continue and displace more of us.

47. That therefore, we are presently seeking the prayed-for interim and interlocutory injunctions from
the Honourable Court to protect the res, and maintain the status quo, provide some relief for those displaced, protect us from further demolitions by the Respondents and restrain the Respondents from making use of the cleared lands pending filing of the substantive suit and hearing of our Motion on Notice for the same interlocutory injunctions.

48. That I and the other Applicants hereby give an undertaking to indemnify the Respondents from
financial loss if the application turns out to be frivolous.

49. That, as indicated by the facts laid out above, this is a matter of extreme urgency. 50. That it is only the intervention of this Honourable Court that will prevent further unlawful acts by
the Respondents and further irreparable harm to the Applicants.

The 4th Respondent MINISTRY OF THE ENVIRONMENT OF LAGOS STATE Lagos State Secretariat Alausa Ikeja Lagos The 5th Respondent MINISTRY OF AGRICULTURE OF LAGOS STATE Lagos State Secretariat Alausa Ikeja Lagos The 6th Respondent MINISTRY OF HOUSING OF LAGOS STATE Lagos State Secretariat Alausa Ikeja Lagos The 7th Respondent LAGOS STATE PHYSICAL PLANNING AND DEVELOPMENT AUTHORITY Lagos State Secretariat Alausa Ikeja Lagos The 8th Respondent LAGOS STATE ENVIRONMENTAL AND SPECIAL OFFENCES (ENFORCEMENT) UNIT Governors Office Lagos State Secretariat Alausa Ikeja Lagos The 9th Respondent LAGOS STATE TASK FORCE ON ENVIROMENTAL AND SPECIAL OFFENCES Governors Office Lagos State Secretariat Alausa Ikeja Lagos The 10th Respondent ENVIRONMENTAL SANITATION ENFORCEMENT AGENCY, LAGOS STATE Governors Office Lagos State Secretariat Alausa Ikeja Lagos The 11th Respondent BAYO SULEIMAN, SP C/o Lagos State Environmental and Special Offences (Enforcement) Unit Governors Office Lagos State Secretariat Alausa Ikeja Lagos

The 12th Respondent CHIEF ABDUL FATAI AROMIRE (OJORA OF LAGOS) Ijora Palace, Ijora Oloye Lagos State The 13th Respondent BAALE LUCAS OWOSHENI MEDUNOYE Baale Street, Ijora Badia Lagos

IN THE HIGH COURT OF LAGOS STATE IN THE LAGOS JUDICIAL DIVISION HOLDEN AT LAGOS SUIT NO: BETWEEN 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. PRINCE J. A. ILAWOLE MRS. ABIOLA OGUNYEMI AP. TUNDE ZACHARIAH MR. DARE OMOKOYA CHIEF A. A. ILAWOLE MRS. AMBIOLA OMOWOLE MR. SAMSON ENIGBOKAN MR. TUNDE AWORETAN MR. SEGUN DANIEL MR. ALBERT OLORUNWA MR. FRIDAY OGUNYEMI MR. ABIODUN AFEYISOLA-OJOADE

APPLICANTS

(On behalf of themselves and their families and as representatives of the owners/occupiers of the Badia East community, Apapa-Iganmu Local Government Area, Lagos State) AND 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. GOVERNOR OF LAGOS STATE ATTORNEY GENERAL OF LAGOS STATE MINISTRY OF PHYSICAL PLANNING OF LAGOS STATE MINISTRY OF THE ENVIRONMENT OF LAGOS STATE MINISTRY OF AGRICULTURE OF LAGOS STATE MINISTRY OF HOUSING OF LAGOS STATE LAGOS STATE PHYSICAL PLANNING AND DEVELOPMENT AUTHORITY LAGOS STATE ENVIRONMENTAL AND SPECIAL OFFENCES (ENFORCEMENT) UNIT LAGOS STATE TASK FORCE ON ENVIROMENTAL AND SPECIAL OFFENCES ENVIRONMENTAL SANITATION ENFORCEMENT AGENCY, LAGOS STATE BAYO SULEIMAN (SP) CHIEF ABDUL FATAI AROMIRE (OJORA OF LAGOS) (For himself and on behalf of the Ojora Chieftaincy family) BAALE LUCAS OWOSHENI MEDUNOYE WRITTEN ADDRESS IN SUPPORT OF MOTION ON NOTICE 1. INTRODUCTION

RESPONDENTS

This application is a Motion on Notice brought pursuant to Order 39, Rule 1(1-2)of the High Court of Lagos State (Civil Procedure) Rules 2012 and under the inherent jurisdiction of this Honourable Court. The application is supported by a 53-paragraph affidavit sworn to by Prince J. A. Ilawole, the 1stApplicant in this suit. Also attached to the application are6exhibits. The applicants are seeking the following reliefs:

1. An ORDER OF INTERLOCUTORY INJUNCTION restraining the Respondents, whether by themselves, their officers, servants, agents, privies, representatives, policemen, members of the armed forces, and/or any of them howsoever from further threatening, ordering, or carrying out the demolition of the homes, business places, community facilities and any other structures located at Badia East, Apapa-Iganmu Local Government Area, Lagos State, pending the hearing and determination of the substantive suit by this Honourable Court. 2. An ORDER OF INTERLOCUTORY INJUNCTION restraining the Respondents, whether by themselves, their officers, servants, agents, privies, representatives, policemen, members of the armed forces, and/or any of them howsoever from developing or making use of any lands cleared by way of demolition at Badia East, Apapa-Iganmu Local Government Area, Lagos State, pending the hearing and determination of the substantive suit by this Honourable Court. 3. An ORDER OF INTERLOCUTORY INJUNCTION restraining the 12th Respondent from receiving any payment or other consideration from any of the 1st 6th Respondents in exchange for the purported transfer of lands within Badia East or take further steps to execute said transfer of lands within Badia East pending the hearing and determination of the substantive suit by this Honourable Court. 4. And for such further or other orders as this Honourable Court may deem fit to make in the circumstances. In moving this application, the Applicants will be relying on all the depositions in the affidavit and the exhibits attached and the facts of the substantive case, summarized below. 2. 2.1. SUMMARY OF FACTS Badia East has been organized under the Badia East Community Development Association (CDA) since the 1970s and consists of a narrow tract of land running alongside a railroad track from the Lagos-Badagry Expressway to Gaskiya Road within the Ijora-Badia area of ApapaIganmu Local Government Area, Lagos State. The population of the Badia East community consists of over 50,000 residents, predominantly Yorubas and Ilajes, who have been in possession of the area known and described as Badia East for many decades. The Badia East community exists on part of the land acquired by the Federal Government in Ijora-Badia for the Nigerian Railway Corporation and other purposes. On February 23, 2013, at about 7:00 a.m. a demolition squad from the Lagos State Government began forcefully evicting thousands of residents of the Badia East using caterpillars, dozens of uniformed Lagos State Physical Planning and Development Authority (LASPPDA) agents (the 7th Respondent) and countless others working with the Lagos State Task Force on Environmental and Special Offenses (the 9th Respondent) and/or Lagos State Environmental and Special Offenses (Enforcement) Unit (the 8th Respondent), led by its purported Chairman, Mr. Bayo Suleiman (the 11th Respondent). The demolition squad was backed by at least 100 heavily armed members of the Nigerian Police Force, who assisted the demolition squad in chasing people from their homes and intimidating and detaining members of the community, which nevertheless remained peaceful throughout the course of the demolition exercise. The Lagos State Government demolition squad worked throughout the day of February 23, succeeding in destroyed hundreds of homes, along with businesses, churches and community facilities and rendering as many as 10,000 residents homeless. The demolition continued on February 24 and February 25, supported by numerous heavily armed members of the Nigerian Police Force.

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2.3.

None of the residents whose homes and businesses were demolished received notice of the demolition exercise and, therefore, were caught unawares on the morning of Saturday, February 23, forced to scramble to remove what few possessions they could before their homes and business places were smashed. Since Saturday night, thousands of evicted residents have had no choice to sleep outside with their salvaged belongings or have been accommodated temporarily in crowded churches and homes in neighboring parts of the community. No Lagos State official present in the Badia East community on February 23, 2013 would provide any information to community members about the purpose of the demolition, the physical extent of the demolition, or the duration of the demolition. Because of the lack of notice and continued lack of any real information, the remainder of the Badia East community is in a state of confusion and apprehension of how far the present demolition will go, who else will be displaced, and when. Meanwhile thousands of displaced residents, who have received nothing by way of compensation, alternative accommodation or other assistance from the Lagos State Government, suffer the tribulations of homelessness, loss of property and income. Thousands of members of the Badia East community are sleeping outside, left to protect themselves and their properties against the elements, while the remainder of the Badia East community lives in constant fear that the demolition exercise will continue and displace others. Accordingly, Applicants now approach this Honourable Court seeking the interim injunction prayed for in the Motion on Notice. ISSUES FOR DETERMINATION

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3.

Whether by the facts of this case and the affidavit evidence, the applicants are entitled to the grant of interim injunction sought. 4. 4.1. ARGUMENT Applicants now approach this Honourable Court seeking the interim injunction prayed for in the Motion Exparte due to the extreme urgency facing the Badia East community. The main objective of the grant of the application of this very nature is to protect the Applicants against imminent injury by further violation of their rights for which they could not be adequately compensated in damages recoverable in the action if the uncertainty were resolved in their favour at trial. This was the decision of the CA in Adewale V. Gov. of Ekiti State (2007) 2 NWLR (Pt.1019) P. 657 Paras C-D. In circumstances such as those present, the court has not only the jurisdiction, but also the duty to preserve the subject matter of the suit, pending final determination at trial. Indeed, in the case of Kigo (Nigeria) Ltd v. Holman Bros. (Nigeria) Lts (1980) 5-7 SC 60, the Supreme Court held: It is my firm view that the court from which an appeal lies as well as the court to which an appeal lies have a duty to preserve the res for the purpose of ensuring that the appeal, if successful, is not nugatory. In this case, the High Court of Kano, the Federal Court of Appeal and this court not only have jurisdiction but also a duty to preserve the res. Courts have regularly held that in ex-parte orders of injunction are vitally necessary in the circumstance of ongoing or pending demolitions of buildings and other structures. See, for example, Chief AmudaOlorunkosebi (The Ashipa of Oyo) v. Oba LamidiAdeyemi& Chief M. K. O Abiola (1988) Suit No. HOY/9/88

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1.3.

4.4.

We submit that damages will not assuage or compensate the applicants if at the trial of this case the uncertainty surrounding this case is resolved in their favour. The Applicants herein have been in possession and occupation of the Badia East community, Apapa-Iganmu Local Government Area, Lagos State for more than a century having developed human and material wealth that cannot be compensated for. This we have shown by the facts of this case and the affidavit evidence. The Applicants over the years have developed concrete family cohesion and strong ties with their neighbours which compensation by way of damages could not adequately address. We refer the court to paragraphs 4-9 of the Affidavit in support. Courts have consistently laid down principles upon which an interim injunction can be granted, including that the court is satisfied that there is a serious question to be tried at the hearing and that from the facts before the court, there is a probability that the Applicants are entitled to the reliefs sought. The court is also required to consider where the balance of convenience lies between the parties, requiring consideration of both competing legal right and questions of fact. The court at this point will consider whether, if the applicants were to succeed in proving their entitlement to a perpetual injunction at the trial of the substantive suit, they would be adequately compensated in damages for the loss they would have sustained if the respondents are allowed to continue what was sought to be stopped between the time of the application and the trial. We submit that this Honourable court must look to the pleadings filed by the Applicants in this suit in addition to the affidavit in support of this motion in order to ascertain the seriousness and urgency of the matter at hand. Applicants have in their affidavit deposed copiously to facts that raised serious questions as to the violation of their fundamental legal rights. Additionally, the Applicants have complained of the manner the Respondents have demolished and forcibly evicted them from their homes, businesses, and community structures. Including the lack of any notice to residents, owners, and occupiers of the structures demolished. These concerns raised by the Applicants are serious questions that this Honourable court will determine at the trial of this suit. We refer the court to paragraphs 14-38 of Affidavit in support. See the case of Gambari V. Bukola (2003) FWLR (Pt.158) 1198 at 1212. It is the law that the onus is on the Applicant for an interim injunction to establish that the balance of convenience is on his side. This is because it is only when the extent of the inconvenience likely to be incurred by one side and by the other is determined that a court will be in proper position to exercise its discretion to grant the injunction or refuse it. We submit that the applicants will suffer more if this application is refused than if it is granted. This is because the balance of convenience is on their side. The partial demolition and further threat by the respondents to completely evict and demolish the applicants houses and structures without any form of consultation and /or negotiation will occasion serious hardship on the applicants. If the application is refused and the respondents make good their threats, as they are determined to do without the courts intervention, the res will be destroyed before the determination of the substantive suit, and the outcome of the judgment, if it is in favour of the applicants, rendered nugatory. The Respondents have remained resolute in carrying out the demolition and forced eviction of the entire Badia East community. We refer the court to paragraphs 14-38 of the Affidavit in support. See also the case of Gambari V. Bukola (Supra) at 1209. Further submit that the respondents who are supposed to be the champion of rule of law in a democratic society like ours, having sworn to protect, promote and fulfill the rights of their citizens are now using the instrumentality of government to molest, harass and intimidate the Applicants who are peaceful and law abiding citizens of this country. The position of the law is that the court will grant an interim injunction so as to protect a plaintiff against injury by violation of his rights for which he could not be adequately compensated in damages recoverable in an action if the uncertainty were resolved in his favour at the trial. We

4.5.

4.6.

4.7.

4.8.

4.9.

FOR SERVICE ON: The 1st Respondent GOVERNOR OF LAGOS STATE C/o The Attorney Generals Chambers Ministry of Justice Lagos State Secretariat Alausa Ikeja Lagos The 2nd Respondent ATTORNEY GENERAL OF LAGOS STATE The Attorney Generals Chambers Ministry of Justice Lagos State Secretariat Alausa Ikeja Lagos The 3rd Respondent MINISTRY OF PHYSICAL PLANNING OF LAGOS STATE Lagos State Secretariat Alausa Ikeja Lagos The 4th Respondent MINISTRY OF THE ENVIRONMENT OF LAGOS STATE Lagos State Secretariat Alausa Ikeja Lagos The 5th Respondent MINISTRY OF AGRICULTURE OF LAGOS STATE Lagos State Secretariat Alausa Ikeja Lagos The 6th Respondent MINISTRY OF HOUSING OF LAGOS STATE Lagos State Secretariat Alausa Ikeja Lagos The 7th Respondent LAGOS STATE PHYSICAL PLANNING AND DEVELOPMENT AUTHORITY Lagos State Secretariat Alausa Ikeja Lagos The 8th Respondent LAGOS STATE ENVIRONMENTAL AND SPECIAL OFFENCES (ENFORCEMENT) UNIT Governors Office Lagos State Secretariat

Alausa Ikeja Lagos The 9th Respondent LAGOS STATE TASK FORCE ON ENVIROMENTAL AND SPECIAL OFFENCES Governors Office Lagos State Secretariat Alausa Ikeja Lagos The 10th Respondent ENVIRONMENTAL SANITATION ENFORCEMENT AGENCY, LAGOS STATE Governors Office Lagos State Secretariat Alausa Ikeja Lagos The 11th Respondent BAYO SULEIMAN, SP C/o Lagos State Environmental and Special Offences (Enforcement) Unit Governors Office Lagos State Secretariat Alausa Ikeja Lagos The 12th Respondent CHIEF ABDUL FATAI AROMIRE (OJORA OF LAGOS) Ijora Palace, Ijora Oloye Lagos State The 13th Respondent BAALE LUCAS OWOSHENI MEDUNOYE Baale Street, Ijora Badia Lagos

IN THE HIGH COURT OF LAGOS STATE IN THE LAGOS JUDICIAL DIVISION HOLDEN AT LAGOS SUIT NO: BETWEEN 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. PRINCE J. A. ILAWOLE MRS. ABIOLA OGUNYEMI AP. TUNDE ZACHARIAH MR. DARE OMOKOYA CHIEF A. A. ILAWOLE MRS. AMBIOLA OMOWOLE MR. SAMSON ENIGBOKAN MR. TUNDE AWORETAN MR. SEGUN DANIEL MR. ALBERT OLORUNWA MR. FRIDAY OGUNYEMI MR. ABIODUN AFEYISOLA-OJOADE

APPLICANTS

(On behalf of themselves and their families and as representatives of the owners/occupiers of the Badia East community, Apapa-Iganmu Local Government Area, Lagos State) AND 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. GOVERNOR OF LAGOS STATE ATTORNEY GENERAL OF LAGOS STATE MINISTRY OF PHYSICAL PLANNING OF LAGOS STATE MINISTRY OF THE ENVIRONMENT OF LAGOS STATE MINISTRY OF AGRICULTURE OF LAGOS STATE MINISTRY OF HOUSING OF LAGOS STATE LAGOS STATE PHYSICAL PLANNING AND DEVELOPMENT AUTHORITY LAGOS STATE ENVIRONMENTAL AND SPECIAL OFFENCES (ENFORCEMENT) UNIT LAGOS STATE TASK FORCE ON ENVIROMENTAL AND SPECIAL OFFENCES ENVIRONMENTAL SANITATION ENFORCEMENT AGENCY, LAGOS STATE BAYO SULEIMAN (SP) CHIEF ABDUL FATAI AROMIRE (OJORA OF LAGOS) (For himself and on behalf of the Ojora Chieftaincy family) BAALE LUCAS OWOSHENI MEDUNOYE

RESPONDENTS

LIST OF AUTHORITIES CITED 1. Adewale V. Gov. of Ekiti State (2007) 2 NWLR (Pt.1019) P. 657 Paras C-D 2. Kigo (Nigeria) Ltd v. Holman Bros. (Nigeria) Lts (1980) 5-7 SC 60

3. Chief AmudaOlorunkosebi (The Ashipa of Oyo) v. Oba LamidiAdeyemi& Chief M. K. O Abiola (1988) Suit No. HOY/9/88 4. Gambari V. Bukola (2003) FWLR (Pt.158) 1198 at 1212 5. SylvanusEmekeMadubuike&Ors V. RomanusElochukwuMadubuike& 5 Ors (2000) FWLR (Pt.30) 2611 6. Obeya Memorial Specialist Hospital V. AG Federation (1987) 3 NWLR) (Pt. 60) 329 7. Kotoye V. CBN (1989) 1 NWLR (Pt.98) 419.5

DATED THIS ___ DAY OF FEBRUARY 2013.