Legal Nigeria

Court stops lawmaker from building petrol station in residential area

 

Justice Lateef Lawal-Akapo of an Ikeja High Court yesterday restrained a member of the Lagos State House of Assembly, Rotimi Olowo, from taking further steps to build a petrol and gas filling station in Ketu, Lagos.

The order of the court subsists, pending the determination of the ‘motion on notice’ challenging the construction of the petrol station.

Justice Lawal-Akapo gave the order while ruling in an ex-parte application filed by the residents through their counsel, Ebenezer Odubule.

Aggrieved landlords and residents of Irawo Osan, Omotayo Close and Idowu Layemo Crescent in Ketu, Lagos, had sued the lawmaker, who represents Somolu Constituency 1 and four others, urging it to stop the construction.

They cited safety, environmental and health reasons.

Odubule argued that the proposed development of the petrol and gas filling station is risky and dangerous to his clients’ lives and properties and that it is likely to cause physical and operational nuisance or have a major impact that cannot be mitigated on their immediate environment and facilities.

The plaintiffs are Mrs. Adepeju Omotayo, Rev. Kayode Abraham, Adebisi Ladipo, an engineer; Alhaji Atoyebi Akande, Col. Olowokande, Mrs. Iyabo Idowu, Kola Onasanya, Adeboye Akano, Mrs. Ebun Akinya, Gbenga Omolayo and Lateef Adeoye.

The defendants are Rotimi Olowo, Lagos State Physical Planning Permit Authority, Lagos State Building Control Agency, Attorney-General of Lagos State and Department of Petroleum Resources.

Justice Lawal-Akapo has fixed November 24 for the hearing of the motion on notice for interlocutory injunction.

The residents are also praying the court for an interim injunction against the Department of Petroleum Resources from issuing storage and sales licence(s) and/or permitting to sell, supply and distribute petroleum products or any other product meant to be sold at a licensed petrol station to the first defendant at 2, Irawo Osan Street, Demurin Street, Ketu, Lagos State pending the determination of the suit.