Legal experts argue that Ogun State’s use of the 2022 Planning Law to target Asoludero Court, built in 2004, is retroactive, selective, and politically motivated
By any credible interpretation of Nigerian law, the Ogun State Urban and Regional Planning and Development Law No. 61 of 2022 cannot be applied retroactively to penalize a structure—Asoludero Court—that was completed in 2004, nearly two decades earlier.
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The principle of non-retroactivity in law is fundamental: a law cannot punish actions that were legal at the time they were committed, unless explicitly stated.
Asoludero Court, built by former Governor Otunba Gbenga Daniel, was completed long before the 2022 law came into force.
According to legal experts and public records, the original planning approvals remain intact and verifiable within the state’s archives.
In a move that experts say violates due process, the Ogun State Planning and Development Permit Authority issued three enforcement notices—a contravention notice, a quit notice, and a demolition threat—all on the same day, with execution pressure within just three days.
Standard procedure, as dictated by the planning law itself, mandates a Demand Notice first, allowing the owner to present documentation.
Only after a genuine infraction is confirmed should contravention or demolition actions be considered.
This blitzkrieg-style approach, legal analysts argue, suggests administrative aggression, not routine enforcement.
This incident echoes the 2023 demolition of DATKEM Plaza in Ijebu-Ode, a property linked to Daniel’s wife.
That demolition occurred at night, on a Sunday, raising serious concerns about legality, motive, and due process.
Critics point to a pattern of targeting properties associated with Gbenga Daniel, who now serves as a senator, suggesting that these actions may be politically motivated rather than legally necessary.
Government claims that the Asoludero action is part of a wider property audit ring hollow when juxtaposed with reports that Governor Dapo Abiodun’s Iperu residence allegedly violates setback regulations—without consequence.
If setbacks and compliance were truly the issues, then enforcement must begin from the top and apply uniformly, not selectively.
Designed by renowned architect Arc. Kayode Anibaba (FIA), Asoludero Court is a multi-purpose complex that includes:
- The Daniel family residence (completed in 2004)
- A library and mini-museum documenting Ogun State’s history
- The Gateway Front Foundation offices, established in 2001
- A Leadership Training Academy and Asoludero Hall seating 300
The complex has long served educational, cultural, and philanthropic roles—contributions now at risk of being erased.
Gbenga Daniel’s decision to base his investments—housing, hotels, public institutions—in Ogun was widely hailed as a boost to the state’s development.
Today, those same contributions appear to be under siege, not for non-compliance, but for political rivalry.
This sets a dangerous precedent: in Ogun State, your property rights may be overridden by political motives, undermining investor confidence.
By applying a 2022 law to a 2004 building, ignoring proper procedure, and targeting politically exposed persons, the Ogun State Government risks not just legal embarrassment but long-term damage to its credibility, rule of law, and investment climate.
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Without course correction, this could mark a troubling shift—where planning laws are no longer tools of order, but weapons of retribution.
Source: Read more at channelstv.com
