Being a Reflection on the Reported Demolition of Ayefele's Music House by the Oyo State Government
It is irresponsible for state governments to demolish buildings in a country like Nigeria where the government has failed woefully to discharge its responsibilities under _Article 11_ of the *International Covenant on Economic, Social & Cultural Rights* which provides as follows, that:
_The States Parties to the present Covenant (including Nigeria) recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.
The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.
In a country with over 17 million housing deficit, the citizens should be commended by the government whenever they are able to provide any form of shelter or buildings for themselves, even where such buildings are said to contravene law or built in lands that don't belong to them.
A responsible government cannot demolish any building, even for safety reasons, unless it first, above all else, provides alternative buildings or shelter for those that would be affected by any such planned demolition.
Thus, a citizen who has helped himself, anyhow, to build a house of his own when the government has failed to assist him to build one, cannot have his building demolished by that same government that failed in its responsibilities to provide legal housing or prevent the erection of illegal buildings.
Majority of Nigerian citizens are unable to access mortgages, which in some countries range between 20 to 30 years tenures. In Nigeria, mortgages are given only to employed middle class persons with an average tenure of 6 months to 12 months.
Even the middle class in Nigeria cries under the weight of lack of friendly mortgage conditions or near absence of direct support from the government.
The government's mass housing schemes of the past were mindlessly hijacked by unscrupulous estate developers who defeated the noble aims of the schemes and have made the houses unaffordable to the mass number of Nigerians.
The National Housing Fund with Federal Mortgage Bank of Nigeria, despite huge budgetar allocation is now a relatively unknown agency of government with little or no direct impact on the life of ordinary Nigerians.
An average mass housing property in Abuja at a time sold for N25 million, in a country where the minimum age is N18,000. Some people said the fight against corruption should be told to the marines.
For the ordinary Nigerian citizen, he suffers deprivation and extreme poverty because of the practice of corruption by majority of Nigerian public servants. Therefore, he is permanently deprived of incentives such as mortgages and cheap loans.
He is banished to live in shanty towns, usually within a suburbia. What justification therfore, has any government to wake up one morning and demolish such shanty towns on the grounds that they have contravened law or they are built on some other person's land? Where was the government or the landowner respectively, when the said shanty town was being built?
Why must a place like Otodo-Gbame community be demolished by the Lagos State without it acting as a responsible government, by first settling the residents in an alternative housing estate or even caring to compensate them before the planned demolition? Such carelessnes would be described as evil in a highly religious country like Nigeria, yet it was highly condoned by the majority. We have done nothing to assuage the grave injustices done to the residents of that Lagos community. Which community next in line for demolition?
Extending the principle of contributory negligence, the question should be, where was the government when the said illegal building was being erected? It is only an irresponsible and corrupt government that would not use its force to stop the erection of an illegal building but would rather choose to wait until the building is erected, with people residing in it for a period of say, twenty years before that same government would decide to use its force to pull down the building without having first, provided alternative shelters or payment of adequate compensation.
That is the height of irresponsibilty. Demolitions in Nigeria are carried out without concern for citizens' welfare and human rights with regards to issues of fair hearing and the right to housing, in complete neglect of the international human rights obligations of Nigeria.
The proper thing for a government to do is to commit a sizable amount of its resources to providing houses for all its citizens, including those that are yet unborn.
Nigeria has had more than enough resources, since 1960 to provide houses for all its citizens. The culture of corruption as practised by the majority of the operators of government is the reason why majority of Nigerians are without adequate shelter and are currently living below poverty lines despite the presence huge oil resources in the last 5 decades.
Buildings in Nigeria should be treated as sacred and must not be pulled down by any government without an order of court which must have considered seriously, the contributory negligence of the government and in the absence of providing immediate alternative shelters, the courts would give such reasonably long notices which range bwtween 20 to 30 years before the actual demolition of buildings are carried out by the government.
Such long notices should also be applicable to politically motivated demolitions which include the ruthless demolition of Senator Suleiman Hunkuyi's house by the Kaduna State Governor or today's shocking and painful demolition of Ayefele's Music House by the Oyo State government.
Those are examples of crass abuses of governmental powers with crude violation of the human right to housing.
The case of the Ayefele's Music House is barbaric since it is a building from where a radio station broadcasts information and knowledge to the people of Oyo State and beyond.
Whether or not the state government likes their philosophical or driving standpoint as a station is immaterial. They are guaranteed under *Section 39* of the Nigerian Constitution such a right to own a radio station, hold certain opinions and broadcast them.
The demolition of the Ayefele's Music House may not only be politically motivated but it is unjust and constitutes a serious human rights violation by a state actor.
Also, it is unreasonable for some governors in Eastern Nigeria, particularly that of Imo State who some time ago ordered the outright demolition of houses that are said to belong to kidnappers or armed robbers. Such houses built from established proceeds of crime should be confiscated and given to the poor.
Houses which pose threat to human safety must, however, be demolished to avoid the reoccurrence of incidences of building collapse both at construction and inhabitable stages. But even the residents of unsafe houses must first be immediately given alternative shelters or paid adequate compensation to relocate before such demolitions are carried out. The owners of such houses along with the government supervisors who fraudulently granted building approvals or failed to carry out proper inspections should also be promptly be arrested prosecuted as should be expected the recent case of the collapsed building in Jabi, Abuja, which occurred in the foregoing week.
The application of the law by office occurred government must at all times consider respect for humanofficialsnd the urgent need to ensure the steady social and economic development of Nigeria.
Henceforth, there should be a macroeconomic development of houses in Nigeria for at least a period of 30 years.