By Osahon Osahon
The Edo State Government has been restrained from demolishing a palatial hotel belonging to a chieftain of the All Progressives Congress in the state, Mr Tony Adun also known as Tony Kabaka.
A Benin City High Court presided over by Justice D. I. Okungbowa, gave the restraining order on Wednesday in the state capital.
Also restrained by the court are the agents and whoever acts on behalf of the state government.
The hotel, T. Latifah Hotel and Suites, located at the Ugbor axis of Benin, is said to have been built on government land by its owner.
The Governor Godwin Obaseki-led administration through the Ministry of Urban Planning had issued a seven-day notice to Kabaka to remove the hotel from the state government land.
The state government in the notice warned that it would demolished the hotel which it termed “illegal structures erected on government property” if the owner failed to remove it.
It said the exercise was to address the challenge incessant cases of flooding in urban centres adding that the cost of such action would be recovered from the violators in a law court of competent jurisdiction.
However, Justice Okungbowa, while ruling in the suit marked B/151/05/2019 which was brought before it by the APC chieftain restrained the respondent from taking action on the side hotel building.
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A copy of the restraining order obtained by NIGER DELTA TODAY read, “An order of interim injunction restraining the defendants, particularly the 1st defendant, from carrying out and or demolishing, removing, pulling down or altering the claimant/applicant’s hotel buildings known as T. Latifah Hotel and She, lying and situate at No1 Akin Oladiyun Street, behind Ugbor Primary School, Ugbor GRA, Benin, Edo State, pending the determination of the motion on notice for interlocutory injunction.
“It seems to me that more justice will be served if the defendants are temporarily restrained from carrying out their threat of demolishing the structure than allowing them to demolish same, pending the hearing and determination of the motion on notice for interlocutory injunction already filed.
Meanwhile, Kabaka, in a video he posted online, alleged that he was being hunted by the Governor Obaseki over his refusal to support his second term bid.
He also threatened to die if the state government goes ahead with the planned demolition of the multi-million naira hotel.
He said his property was issued with a valid Certificate of Occupancy and a Deed of Transfer that carries the signature of the Surveyor-General of the State.
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He also appealed to Obaseki to “temper justice with mercy” and spare his hotel.
Meanwhile, some concerned youths in the in the area have called on the State Government to temper justice with mercy by reneging its demolition threat.
Spokesman for the youths, Mr. Charles Uyiekpen, urged Governor Obaseki to show compassion on the embattled hotelier no matter his offenses and allowed the hotel to remain.
Uyiekpen said that the pulling down of the building will only increase the level of unemployment in the state noting that the hotel has been able to put foods on the tables of the citizens of the state.
