Not Bound by Court Order
By Pita Ochai
Sunday, August 03, 2008
Military authority threatens to pull down a market complex constructed at Defence Headquarters Barrack, Falomo, Lagos, despite a High Court order restraining it
The construction of a market in the Defence Headquarters Barrack at Falomo, Ikoyi, Lagos, is generating controversy. The controversy is between the Defence Headquarters and some developers on the one hand and the traders and contractors who built the market on the other. The military authority is threatening to demolish the market after it has been completed and has gone further to lock up the complex made up of 225 shops. This is the second time the complex would be closed down since April this year. It was shut down for almost a year in 2007.
Godwin Ahior, a contractor, told Newswatch that the market was originally meant for wives of army officers but civilians were brought in 2001 to erect shops. According to him, plots of land were given to developers for a 99-year lease agreement. He said that the agreement stipulated that a percentage of the commission from sales of allocation to new allottees would be remitted to the Defence Headquarters.
One of the contracts awarded to Lane Limited, Lagos and whose agreement was signed by Edwin Agbebaku, a captain, authorised the company to construct 20 lock up-shops with electrification, and one tank/soak away pits. Out of the 20 shops, 12 would be allocated to the builder at zero cost while the military unit will retain eight. Any additional shops after the initial 20 would be allocated on equal basis between the company and Defence Headquarters.
"A commission of 10 percent of the selling price will be remitted by you to this unit on the outright sale of your allocation to a new allottee, a commission of 5 percent of cost of annual rent will be remitted by you to the unit on the rentage of your allocation to a new allotee, all your subsequent allottees must be vetted by this unit, you are hereby assured of our commitment to the terms of contract," said Agbebaku.
Several agreements like this were signed with all the contractors, developers and traders who constructed shops in the market. "With these commitments from the military, they all went ahead to do their side of the contract which was to build the shops according to agreement." Ahior said.
Emmanuel Ayo, a trader, said that there were no ejection notices from the military. "We were forced to leave the shops within two days and after the expiration of the two days, we returned to see our shops all locked up by the military men," he said.
According to him, the military authority claimed that it did not award contracts and would not be responsible for any breach of contract despite the agreements signed by Agbebaku. All pleas and protests by the contractors, traders and developers fell on deaf ears. The military authority has threatened to demolish the market and get a new set of contractors to build it.
Despite a court order from a Lagos State High Court directing the Defence Headquarters, (Defendants/Respondents), to re-open the 225 shops at the Mammy market and that it should steer clear of the shops, the military still went ahead to close it immediately the court order was given. The contractors have, however, called on the Defence Headquarters to allow them to use their shops to enable them continue their business and pay back loans from the banks which gave them money to buy the shops.
Efforts to speak with the director defence public relations proved abortive. On two occasions when Newswatch called at his office, he was unavailable.
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