Opposition Leader Sues Borno Government Over Demolition of His Shopping Mall
Opposition figure and former 2023 Senatorial candidate for Borno Central, Hon. Attom Magira, has taken legal action against the Borno State Government over the demolition of his multi-million naira commercial shopping complex. The four-story building, which housed a multi-purpose hall, was located on Sir Kashim Ibrahim Road, opposite the state low-cost housing estate in Maiduguri.
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Magira, who is also a member of the New Nigeria Peoples Party (NNPP), has filed a lawsuit against the Borno State Urban Planning and Development Board (BOSUPDB) at the Borno State High Court. The case, titled Alhaji M. Attom Magira v. Borno State Urban Planning and Development Board (BOSUPDB), seeks to prevent the demolition of his property until the court can decide whether any town planning regulations were breached.
Allegations of Political Vendetta
Magira’s legal team, led by human rights lawyer Hamza N. Dantani Esq. of Kayode Ajulo & Co. Law Firm, claims the demolition was politically motivated. According to Dantani, the demolition of Magira’s property, a legitimate investment that was built following all due legal procedures, represents an alarming disregard for the rule of law and judicial authority.
Dantani emphasized that Magira’s property was developed in full compliance with Borno State’s urban planning regulations. He had secured all necessary permits from the BOSUPDB, including a statutory right of occupancy and development permit. During the entire construction phase, no concerns were raised by the board regarding any violations of planning rules.
The demolition of Magira’s mall is seen as part of a broader pattern of government actions that appear to be driven by political motives rather than public interest. According to Dantani, this is not the first instance of government-sanctioned demolitions in Borno, but this particular case stands out as a blatant attack on one individual’s investment without lawful justification.
Unjustified Revocation of Permits
Magira’s legal team argues that the BOSUPDB’s sudden revocation of the development permit is inconsistent with the law. After the building was completed, the BOSUPDB allegedly gave Magira an ultimatum to remove what they claimed was a “fifth floor,” despite the property being a legitimate four-story structure. The board insisted on the demolition of the multi-purpose hall, citing the violation of planning rules—claims that Magira’s lawyers dispute, noting that no such violations had been previously flagged.
Furthermore, Dantani pointed out that the board’s actions were a violation of Magira’s constitutional rights. Under Section 52 of the Borno State Urban Planning and Development Board Law, Magira had the right to appeal the revocation of the permit, which he did within the prescribed time frame. However, the BOSUPDB failed to respond, effectively undermining the appeal process.
Legal Proceedings and Court Protection
Magira has now sought the protection of the court as the “last hope of the common man,” urging the Borno State High Court to intervene and halt the demolition until a ruling is made on whether any violations of the town planning rules occurred. The court has scheduled a hearing for April 22, 2025, after BOSUPDB was duly served with the processes and the hearing notice.
Dantani stressed that, in any democratic society governed by the rule of law, the government must refrain from further action until the court determines the legality of the demolition. Any action taken before the court’s decision, he argues, would be a violation of the separation of powers and the proper role of the judiciary in settling disputes.
Economic Impact on Borno State
Beyond the personal grievances of the property owner, Magira’s investment provided economic benefits to Borno State. The mall had created numerous jobs for local residents and provided commercial space to boost local businesses in a region struggling with the aftermath of the Boko Haram insurgency and ongoing economic instability. Instead of protecting such investments, the Borno State Government’s actions have been seen as undermining economic growth and prosperity in a state in dire need of stability and recovery.
In conclusion, the legal battle between Hon. Attom Magira and the Borno State Government highlights growing concerns about the misuse of power by state authorities and the erosion of citizens’ rights under the current administration. The outcome of this case will have significant implications for the rule of law and the future of private investments in Borno State.
Reference
Opposition Leader Sues Borno Government Over Demolition of His Shopping Mall