DATKEM plaza saga: No one is above the law, says Femi Ogbonnikan

Following the partial deconstruction of DATKEM Plaza, Ijebu-Ode, owned by Yeye Olufunke, the wife of former governor Gbenga Daniel of Ogun State, emotions have run riot on social and traditional media platforms. The false accusations surrounding the incorrect interpretation of the action taken by the Ogun State Ministry of Physical Planning and Urban Development, which ordered the destruction, centre on two concerns. One is that the purpose of the exercise has not been discussed by most observers, who have mainly focused on the individuals involved in the controversy. The second issue is the deliberate misinformation that has permeated the media as a result of the desperate attempt by the building’s alleged owners to win over the public.

On the one hand, one of the construction work’s agents went to the local area and spread rumours about the state governor, Prince Dapo Abiodun, accusing him of political retaliation. In another section, they criticised the regulatory body for defying itself by carrying out the demolition project even though the property was registered in 2009 and the building plan for it had not yet been approved. A widely read press release purporting to be from DATKEM management cited the Approval Number: APN: CB/05/299/2009 and stated that the “midnight brigandage of the agents of government or persons believed to be working for certain persons of interest in, or carrying the Orders of the Ogun State Government under the Mr. Dapo Abiodun led-government, declaring the DATKEM Plaza, Ijebu Ode as an illegal structure without an approved plan” was

We want to know the precise “physical planning laws” and “building codes” that were broken as it has been proven that the construction has approval. In all of the correspondence between the builders and the state administration, no particular structural flaws were mentioned, they insisted. It continued after that. The management went on to say that “efforts are being made to doctor the books and records of the department of urban and physical planning to look for something they could use to justify the illegal action.”

These are purposeful fabrications of the truth intended to inflame public opinion against government employees performing their legal duties and the innocent governor. The statement’s seventh item, which acknowledges that “the developer wrote an appeal for unsealing of the building, and that a “quit notice with Serial No. 0030750 was served on 31st August 2023,” is particularly interesting.

There wouldn’t have been a need for the premises to be sealed off in the first place if there hadn’t been a legal infraction.

However, it is odd that the author of the press release purposefully chose not to address the specific violations that required the’stop orders’ issued by the relevant authority prior to the building being eventually demolished, for no other reason than the apparent impunity of those who are supposed to know better.

The builder gave himself a clean bill of health, claiming the construction complied with all standards and regulations even though it was obvious that some infractions had been committed. This is contrary to the standard rules of engagement as they relate to the provisions of the Ogun State Urban and Regional Planning and Development (OGURPD) Law 2022, Ogun State Planning and Development Permit Regulation 2022, and Ogun State Building Production Management Regulation 2022, among other laws. Therefore, the management is only attempting to stretch the facts when it claims that “no specific structural defects referenced in all the communication between the builders and the state government.”

Let’s now examine the premise of this intriguing scenario and the purposeful falsification of the facts. Some people with deranged minds have been attempting to mislead the public by connecting the demolition operation with the alleged chilly relationship between OGD and Governor Abiodun. They made the decision to do this on purpose to hide some of the violations that were found during the building of the structure. But did anyone know about it when the same person took advantage of Governor Abiodun’s coming to power in 2019 to seize control of a property that had been sealed for eight years by Senator Ibikunle Amosun, despite other charges brought against it by the EFCC? That is the history of the Conference Hotel in Abeokuta, for those who are interested. In hindsight, Governor Abiodun and Prof. Yemi Osinbajo, the former vice president, individually signed the contract for the hotel. The reason for the abrupt change in the story is being questioned. In order for the general public to determine what is true, we must know.

In addition, the dispute dates back to late last year, when the spouse of the property’s owner expressed interest in joining the All Progressives Congress (APC), and the subsequent race for the prestigious Ogun East Senatorial District seat. Accordingly, the development lacks any political overtones, yet the developer is not to be pitied for abusing the legal system.

If the Ministry of Physical Planning and Urban Development issues you a seal order and a contravention order, and you still proceed with the building while endangering the safety of every Ogun State resident, it reeks of impunity.

The regulatory bodies’ justifications for issuing the quit notice with Serial No. 0030750, which was sent on August 31, 2023, must also be disclosed. The developer’s response to the Ministry of Planning’s observation of a violation and its following warnings that the construction did not follow the approved design, noting divergence from the airspaces and setback as a significant structural flaw, is what is most crucial to know. It is important for the public to understand what the management meant when they said that “so-called airspaces will matter only on high-fenced premises.” We need to know if any extra structures, including those in the Generator House and the Electrical Panel room, which the authority stated had increased the property’s density, were part of the yet-to-be-approved plan. These are some of the things the owners of DATKEM need to clarify in order to determine with objectivity whether the partial demolition project undertaken by the Ministry of Physical Planning and Urban Development was in compliance with the law or for the protection of any vested interests, political or otherwise.

Despite the fact that there is insufficient reliable data to estimate the precise number of innocent persons whose lives were cut short as a result of property owners’ and developers’ irresponsibility leading to a constant occurrence of collapsed structures. However, this tragic incident has continued to occur frequently in our country because either those in charge of enforcing the law don’t do their job or those found responsible for the carnage are thought to be above the law.

The body language of Governor Abiodun of Ogun State under the current administration is extremely clear on the subject of impunity of any kind. And we should all thank him for taking that stance because no one is treated with respect by the law. In this instance, the data that was available demonstrated that the regulatory body had issued a warning regarding the building’s lack of stage certification, which is typically granted at each stage of construction. To that end, between May and October 2022, the agents and owners received all appropriate notices, including those for abatement, violation, stop work, and demolition, but they chose to ignore them. Government representatives reportedly asked the building’s structural engineer to provide the state government with the building’s structural equilibrium because they felt too big to reply.

By dismissing part of the alleged infractions in each case, the developer has demonstrated that the building’s owner is above the law. No responsible government will sit idly by while any individual or group, no matter how powerful they may be, disregards the law in this way. That is the message that the state and regulatory governments have conveyed to the general people by demolishing portions of the structure. We cannot sit back and watch as Ogun State’s culture of impunity spreads before doing something about it. Accidents do not just occur; they are the result of human error, whether in deed or inaction.

The long arms of the law will soon be catching up with you if you build without permission. In this state, lawlessness will not be tolerated. We are the preferred location for investors. When it comes to being our nation’s industrial and economic capital, we are ranked second. When you just construct anyway, lawlessness and half-hazard won’t characterise us. The Governor said, “People should regularise their documentation. They claim that the wise need only hear one word.

From the capital of Ogun State, Abeokuta, Ogbonnikan wrote.