Braithwaite N10b suit: Parties to file final addresses

An independent town planner, Mr. Makinde Ogunleye, has testified before a Lagos High Court that the 14 –storey structure belonging to Standard Chartered Bank at 142 Ahmadu Bello Way, Victoria Island, Lagos does not comply with the provisions of the law and required standard.

The retired Town Planner, Ogunleye, who had worked with the Lagos State Ministry of Town and Urban Planning gave this account in the report he wrote on the physical measurements of setbacks and airspace of the bank structure before Justice Doris Okuwobi.

Ogunleye’s report is consequent upon the order of the presiding Judge which ordered the President of the Nigerian Institute of Town Planners (NITP) to undertake the measurement and prepare a comprehensive report of his findings.

Upon receipt of the order, NITP President directed Ogunleye who is also its legal adviser to carry out the assignment.

In his testimony before the court, the Town Planner explained how he arrived at his report and also recommended in his findings that, “the structure failed to comply with condition that ‘no building shall project beyond the approved building line and air spaces”.

He further stated that the defendants failed to obey the condition that no building shall be occupied before obtaining a certificate of fitness for habitation, indicating that the building is fit for human habitation as contained in its building permit.

“Failure to comply with the conditions stated in the building permit may render the building liable to demolition at owner’s expense”, he said, adding that the setback is inadequate.

“The set back is inadequate (8.6m). This should have been 9meters from the building to the property line. The airspaces also are inadequate (4.57m and 4.67m), instead of the statutory airspace of 6meters minimum on both sides of the building” Ogunleye said.

The witness also reported that the issue of setback to Teslim Elias close does not arise now because the multi-level parking block is yet to be constructed.

Under cross examination by defence counsel, Adeniyi Adegbonmire (SAN), he stated before the court that customers of the bank are already causing heavy traffic on the road.

He maintained that the report is comprehensive enough to state that the setback and airspace failed required standard.

Ogunleye further maintained that he made enquiry at state Ministry Physical Planning and Development and found out that no certificate of habitation was issued to the bank. He said certificate of habitation is not usually issued for incomplete buildings.

However, the witness also insisted that he prepared a professional report and that in the course of it, he made inquiries to arrive at his conclusions.

Justice Okuwobi adjourned the matter till May 19 for adoption of written addresses. She ordered the parties to file their addresses within stipulated time.