IBADAN – The Nigerian Bar Association (NBA), Ibadan Branch has joined thousands of sympathizers to condemned the demolition of Fresh FM Radio belonging to ace musician, Yinka Aiyefele by Oyo State Government.
NBA in a statement jointly signed by the State Chairman, Oluwole Akintayo, Secretary, Akeem Okelola and Femi Omotayo Esq., Publicity Secretary.
The legal practitioners said it would not delve into the merit of the dispute between the parties but would limit itself to its implication on the rule of law.
The association argued that, since there is a pending court case over the decision of the Oyo State Government to demolish the property, it is trite that once parties subject themselves to the jurisdiction of a court, they must be ready to abide by the outcomes and refrain from taking further step that can prejudice the case and render the final decision nugatory.
“In the wee hours of today, Sunday, the 19th day of August, 2018, the city of Ibadan woke up to the rude shock of the demolition of the Ayefele Music House, along Aare Azeez Arisekola Alao Road, (Challenge-Toll Gate Road) Ibadan by the Oyo State Government.
“The Rule of Law is the basis upon which a just society is governed. Even if there is no express order of court restraining the government, the fact that parties are already in court over the matter is a sufficient reason why the government must stay action. It is a cardinal principle of law that once an application for injunction is served, the parties should wait for the outcome of the application so as not to foist a fait accompli on the court. In view of the above, the Oyo State Government should not have carried out the demolition exercise.
“It is our understanding that there is a pending suit in court over the decision of the Oyo State Government to demolish the property. It is trite that once parties subject themselves to the jurisdiction of a court, they must be ready to abide by the outcomes and refrain from taking further step that can prejudice the case and render the final decision nugatory.
“The Supreme Court of Nigeria has since settled this in the landmark case of Ojukwu v. Military Governor of Lagos State  1 NWLR (Pt.18) 621 that parties including state governments, must not resort to self-help and that the fact that a matter is in court is sufficient to restrain parties from taking the law into their hands.
“It must be clear to the actors in government, being products of democratic rule, that they must at all times abide by and respect the Rule of Law.
“The Nigerian Bar Association, Ibadan Branch, therefore condemns this act of the Oyo State Government in its strongest term.
“The Nigerian Bar Association, Ibadan Branch under our watch will continue to be in the vanguard of the promotion of the Rule of Law”.
Also reacting, the Socio-Economic Rights and Accountability Project (SERAP) has condemned the demolition of Fresh FM building, owned by popular musician, Yinka Ayefele.
In a statement on Sunday by its Deputy Director, Timothy Adewale, SERAP described the demolition as unlawful and a “grave violation of fundamental human rights and contrary to international law.”
The Organisation (SERAP) also said that the action was politically motivated adding that it will be challenged in court.
It, however, insisted that the Oyo State Government should ensure appropriate repairs of the building and adequate compensation.
Adewale said, “This is a gross abuse of powers by the Oyo State government and governor Ajimobi against a radio station simply doing their job. The action is politically motivated, patently arbitrary and entirely inconsistent with international human rights standards and national laws.
“The action amounts to executive rascality and seriously undermines the integrity and authority of our courts. This kind of action has no place in a democratic society that is based on the rule of law.
“The action amounts to executive rascality and seriously undermines the integrity and authority of our courts. This kind of action has no place in a democratic society that is based on the rule of law”.