Again: Gbenga Daniel, Dapo Abiodun And The Rule Of Law,By Seyi Bakare

“In order to justify crying wolf, Daniel’s minders have made ample recourse to the Datkem incident, a move that is clearly sub-judice, and it is apparent that they take all Nigerians for fools. While the plaza was indeed partially demolished, it was never demolished out of political persecution”

THERE is a reason many in this country hardly ever bother about the rule of law when it concerns the high and mighty: they believe that it is meant for the poor and downtrodden. Nigerians who daily lament bad governance also make excuses for bad behaviour by political actors, particularly when they (those actors) allege political persecution. This is, of course, not to say that political persecution cannot happen. It can, but ascribing political motivation to routine governmental actions, particularly when it appears that political big names are being subjected to the rule of law like anybody else, is a dark tactic long associated with political buccaneers, but unfortunately subscribed to by many undiscerning members of the public. This leads us to another poignant question: why it is that every action of government agencies in relation to political bigwigs is seen as a direct action by a sitting governor or president? If, for instance, a former governor or president has a dispute with an electricity distribution company or the police, why is this seen as the handiwork of the sitting governor or president?

If an agency of government, as happened in Ogun State, carried out an audit or gave contravention notices to suspected violators of building plan approvals, what has that got to do with the sitting governor? Does it mean that every action carried out by a government agency is the handiwork of the sitting governor?

The irony here is stark. The Ogun State government’s urban renewal initiative under Governor Dapo Abiodun, kick-started with the Ibara GRA in Abeokuta, and extended to Sagamu and Ijebu-Ode GRAs, involves the auditing of existing developments within these areas in order to determine the permit status of all types of developments, including houses, schools, hospitals and other commercial buildings. The statutory and due process requirement which will provide information for any government intervention informed the development audit exercise. Otunba Gbenga Daniel’s building happens to be within the Sagamu GRA and among those that were served notices as required under the Town Planning Law and Regulation of Ogun State. It is pertinent to note that a similar land auditing exercise was carried out under Senator Gbenga Daniel’s administration Although Daniel’s minders accused Governor Abiodun of dealing with their principal through retroactive legislation, the fact is that by the clear provisions of Section 73(2) of the Law, an enforcement notice can be served in respect of a violation that occurred before the commencement of the law. It is a fallacy that the law is not applicable to anything that occurred before it came into effect. Besides, the constructions in question took place wholly or substantially while Daniel was governor. From all indications he may not have even followed due process before developing the land. If this was done, the law requires that he takes necessary steps to make amends. But in his usual intransigence and rabble rousing attitude, he does not seem prepared to right his wrong. Generally, the law recognizes that sometimes, the wrongdoer is the same person required but unwilling to correct the wrong. One can understand his frenzy through the false allegation he is making over government’s legitimate process of verifying his land for developmental purposes.

Now if the former governor had been left out of those served contravention notices, Governor Dapo Abiodun would have been accused of shielding him and trivializing the rule of law. In this case, a simple case of Daniel’s relationship with the Town Planning Law and Regulation of Ogun State has been framed as a political witch-hunt by Governor Abiodun. The implication is that if a former office-holder commits even murder and is arrested, it will be seen as a set up by the current government. This, then, means that ex-governors, etc, can do no wrong, as any wrong they do will be perceived as being underlined by political persecution. No nation that acts in this manner can ever make progress.

In order to justify crying wolf, Daniel’s minders have made ample recourse to the Datkem incident, a move that is clearly sub-judice, and it is apparent that they take all Nigerians for fools. While the plaza was indeed partially demolished, it was never demolished out of political persecution. Thus, anyone writing a dead treatise on what Governor Abiodun’s media aide must know should educate himself first. It is most uncharitable, and utterly ridiculous, to suggest that if someone is not an indigene of a state, then he is necessarily ignorant of events in the state.

The PARTIAL demolition of Datkem Plaza, a five-storey building located in Ijebu Ode, Ogun State, took place after more than 12 months of unheeded warnings. Datkem Plaza was an illegal structure whose developers ignored all efforts made by the state government to halt further development on the site. Whereas a commercial building of Datkem’s status must have a parking space to accommodate vehicular traffic within and outside it, as well as stage certification, usually issued at every stage of construction, the building did not, and the owners were served abatement, contravention, stop work and demolition notices between May and October 2022, which they resolutely ignored. Yes, while Daniel was governor, ‘Datkem Enterprises Limited’ (please note the name) submitted an application for an office building located along Ibadan Road, Ijebu Ode in 2009 with registration number CB/05/299/2009, with a proposal for five floors with airspace of 3 metres at the right, 5m at the left, 5metres at the rear and a setback of 32.5516 metres to the middle of Ijebu Ode/Ibadan road, Ijebu-Ode. However, the actual construction had a deviation from the airspaces and setback.

Besides, the building was enlarged with an additional storey building at the back, leading to over density. Again, when Datkem applied for regularization, it did not approach the ministry that had issued contravention notices; it went to a zonal office and paid the prescribed fees as a way of arm-twisting the government. When the ministry’s engineers visited the building, it still did not conform with the contents of the proposed regularization. The government gave a contravention notice with serial no. 0106983 on May 24, 2022, a stop work order with serial no. 000623 on May 24, 2022, and another stop work order with serial no. 001065 on July 22, 2022. All were ignored. Again, it issued another demolition notice with serial no. 0007549 on October 11, 2022, and a notice to seal with serial no. 000815 on October 4, 2022. Worst still, the re-sealing of the site on August, 1 2023 did not stop work on the site. The developer wrote an appeal for unsealing, which was considered in order to evacuate the belongings on the premises and thereafter, quit notice with serial no. 0030750 was served on 31st August, 2023.

Following the expose on the non-existent company whose name was allegedly used by the owners of Datkem Plaza to apply for building approval, Daniel hurriedly churned out a certificate bearing the name “Datkem Enterprises”. But how do you use “Datkem Enterprises” to prove that “Datkem Enterprises Ltd” exists? Senator Daniel cannot cite “rule of law” and “due process” only when it suits his whims and caprices. How can an enterprise owns a building in the name of a Limited Liability Company?Only Gbenga Daniel and his minders can explain.

Politicians like the individual in question evidently prepare ahead, knowing that what they do in government is bad. They suborn hack and hired writers to protect their bad deeds in office, confident that the gullible public will take whatever they say hook, line and sinker. Available evidence shows that he had long history of grabbing government lands with impunity as if he were the Emperor of Ogun or vassal in a a feudalist society For instance his Asoludero house was built on land allocated to judges, and without obtaining the necessary papers. His Conference Hotel was built on a driving school land owned by the Ogun State government. His defunct newspaper was also built on government land.

Must we have different laws for the rich and the poor? Law is supposed to be blind. Is it a sin to bring your papers as required by law? Deifying such individuals amounts to willfully building emperors.

Barake sent this piece through seyibkre@aol.com