The Socio-Economic Rights and
Accountability Project, (SERAP) has issued a
7-day ultimatum to Governor Abiola Ajimobi
of Oyo State to repair the demolished part
of the Yinka Ayefeye’s N800 million music
house or be ready or be ready to face legal
action.
SERAP also called on Ajimobi to immediately
halt all further eviction and demolition of
Fresh FM building and to show full respect
for the safety and dignity of residents and
owner of Fresh FM.
“We also urge you to immediately begin
repairs of the Fresh FM building and to
adequately compensate the radio station
and its owner and publicly guarantee non-
repetition,” it said.
The organization urged Ajimobi to “ensure
full and effective respect for the rights to
freedom of expression and media freedom in
Oyo State. We request that you take this
step within 7 days of the receipt and/or
publication of this letter, failing which SERAP
will take national and international legal
actions to compel your government to act
in the public interest and the overall
interest of the rule of law.”
In the letter dated 21 August, 2018 and
signed by SERAP’s Deputy Director, Timothy
Adewale, the organization said, “We have
information to suggest that the
destruction of Fresh FM was based on
political considerations and retaliation
against the radio station on purported
allegations of defamation against you. The
facts suggest that the demolition of Fresh
FM building failed to comply with the
principle of lawfulness and reasonableness.
The demolition was neither done in the
public interest nor carried out to achieve a
legitimate aim.”
The organization said, “This apparently
unlawful action has set a bad precedent,
and created a high level of uncertainty and
anxiety among many radio stations and
other media organizations in Oyo State
about the future because of the likelihood
of their buildings being demolished when
they are deemed to broadcast views which
the Oyo State authorities mat consider too
critical or ‘defamatory’.”
The letter read in part: “By going ahead to
demolish the Fresh FM building despite being
served with the court papers in the case
filed by the station, you implicitly
obstructed access of the radio station and
their owners to appropriate forms of legal
protection, contrary to the provisions of
the International Covenant on Economic,
Social and Cultural Rights to which Nigeria is
a state party and which is legally binding on
the government of Oyo State.
“SERAP is seriously concerned that the Oyo
State authorities carried out the
demolition of Fresh FM building with wilful
disregard for the dignity, health, and safety
of residents and the owner, who is a person
with disabilities. The demolition of the radio
station has now exposed residents to the
elements and the public to the risk of
complete collapse of the building.
“Since your government’s action in this case
suggests serious disregard for the safety
and welfare of the residents of Fresh FM,
the authorities’ conduct may have risen to
a level of severity so as to constitute
inhuman and degrading treatment of
residents and owner, contrary to the
provisions of the Nigerian Constitution 1999
(as amended) and the International Covenant
on Civil and Political Rights to which Nigeria
is a state party.
“Your government has reportedly cut
water, sewer, electricity, gas, and
telephone lines to the radio station,
rendering it uninhabitable and incapable of
discharging its constitutional duties of
informing the citizens and ensuring that
government is both responsible and
accountable to the people.
“We contend that the action by your
government has no basis in our laws, which
provide that no public authorities must
resort to self-help and carry out forced
evictions and demolitions without a
properly obtained court order. Your
government’s action also violates Nigeria’s
international human rights obligations,
including its obligations under the
International Covenant on Economic, Social
and Cultural Rights to protect private
property.
“Your government has responded to the
demolition of Fresh FM building on Sunday 19
August 2018, claiming that it demolished the
building worth over N800 million because
your government was ‘carrying out its
statutory role in the public interest. Your
government claimed it gave “ample
opportunity for Fresh FM to regularise its
building plan”. Your government also claimed
the demolition of the Fresh FM building was
not politically motivated.
“However, available facts reveal that the
demolition may have been influenced by
political considerations, and done in
retaliation for alleged defamation by Fresh
FM. SERAP has seen an audio recording of you
at the radio station in 2016 wherein you
claimed to be under pressure from some of
the members of your cabinet to demolish
Fresh FM building on the ground that the
radio station and its owner Mr Yinka did not
support your political ambition but that
you resisted the pressure to demolish.
“SERAP has also seen a letter dated 3rd July
2018 and signed by your Attorney General
and Commissioner for Justice Oluseun
Abimbola wherein you alleged ‘libellous
broadcast by Fresh FM 105.9.’ The letter
claimed that during a programme “Political
Circuit” on Fresh FM on Saturday 30th June
2018, the radio station ‘falsely accused,
maliciously and wickedly misled the public
and the entire world’ on your alleged
interest in a private company.
“Assuming there was a legitimate claim in
defamation against Fresh FM, the proper
venue for you and your government would
have been to seek legal redress in court
and not to resort to self-help in the form
of arbitrary demolition of the radio station
building.
“The UN General Assembly has recognized the
“fundamental obligation of governments
(including that of Oyo State) to protect and
improve houses and neighbourhoods, rather
than damage or destroy them.
“Further, the Universal Declaration of Human
Rights, in Article 17 provides: ‘Everyone has
the right to own property alone as well as
in association with others. No one shall be
arbitrarily deprived of his property.’
Similarly, the African Charter on Human and
Peoples’ Rights to which Nigeria is a state
party provides in Article 14: ‘The right to
property shall be guaranteed. It may only
be encroached upon in the interest of public
need or in the general interest of the
community and in accordance with the
provisions of appropriate laws.”
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