BACKGROUND:
The provision of adequate housing that is safe, secure, accessible, affordable and sanitary is a fundamental human right as enshrined in the United Nations Habitat Agenda and other International declarations and Human Right Law which regards housing as a freestanding right of man. The need for the Housing Corporation and by extension, the State Government to adhere to this and ease the Housing problems of the people gave birth to the construction of Irewolede Housing Estates, Ado Ekiti in 2007. It consists of 254 housing units made up of 2-bedroom, 3-bedroom, 4-bedroom detached bungalows extra large, Duplex and Maisonnette. These houses were allocated to different categories of people. There were those who bought on outright basis, there were those who were on direct purchase (initial payment of 20% and balance liquidated within 2years with legal undertaken). Yet, there were those who bought on Mortgage arrangement
THE FEUD BETWEEN THE IREWOLEDE HOUSING ESTATES RESIDENTS AND THE STATE GOVERNMENT :
It is sad to note that since 2008 when allocations were made in the Estate, many allottees only paid the minimum deposit of 10% of the total cost of the property and reneged on making additional payment. It is also ironically worrisome that while many allottees refused to make additional payment, they either rented the house or sold them. In either case, they refused to pay the outstanding balance of the houses to the Corporation.
However, with the advent of Governor Ayodele Fayose led government with strong political will and the assumption of office of Barr. Babasoji Awe as the General Manager, Ekiti State Housing Corporation, the recovering of the money became central as close to a whooping #1 billion was outstanding as the balance of the houses. The non-payment of the huge sum had unarguably robbed the Government of further housing development or provision of infrastructural facilities for the benefits of the people. The Government however, embarked on series of measures to ensure maximum payment. A committee headed by the State Deputy Governor was set up to interface with the residents while media announcement rented the air on the need to make substantial payment on the houses.
GOVERNOR FAYOSE'S MAGNANIMITY VIS- A-VIS THE INTERVENTION OF EWI & OTHER ROYAL FATHERS
The first media announcement for one-month grace in may 2015 lapsed on June 30, but the Governor in his magnanimity, extended the payment period by another one month to allow the residents perfect their substantive payment, failure for which allocation would be finally revoked. This lapsed on August 5, 2015 but before it's expiration, the Governor, on July 23, held a meeting with them where he appealed that they should not hold governance down but show substantial payment on the property. However, no payment was done and their was a warning crackdown on the defaulters.
On August 5, 2015, Governor Fayose prompted by the intervention of the Ewi of Ado-Ekiti, Oba Rufus Adejugbe, other traditional rulers and some prominent Ekiti indigenes, compassionately met with the residents and granted the Three-month grace which they requested for to enable them pay. This is to lapse on November 30th 2015.
INSTIGATING COURT CASE :
No sooner had the request been granted that the defaulters, led by Mr. Ayo Orebe and 17 others slammed a suit against the Government, Ekiti State Housing Corporation and by extension the General Manager as second defendant demanding for #20M as damages.
Ayo Orebe, and 17 others had in 2015, through their counsel, Rafiu Balogun, sought an order for the payment of N20 million as aggravated and exemplary damages for “trespass, humiliation, assault and degrading treatment meted out to them by the defendants”. The Attorney General of Ekiti State, the Ekiti State Housing Corporation, Ekiti State Commissioner of Police, and Ekiti State Commandant, Nigeria Security and Civil Defence Corps were joined as defendants respectively in the case. They sought a perpetual injunction restraining the defendants either by themselves or by their agents, servants, workers, officers and men of the 3rd and 4th Defendants from ejecting or disturbing of further disturbing them as they had not committed any breach of purchase/mortgage agreement until the agreement was determined by Court, among other prayers
It is worthy of note that Mr. Ayo Orebe who led others to filed suits against the Government only paid #460,000 (representing 10%) out of #4.6M since 2011 when the house he's occupying was allocated
ALLEGATION OF POLITICAL VICTIMIZATION AND WITCH HUNT :
It is an height of violent political outburst to gain undue sympathy from the public that made some defaulters to be alleging the Ekiti State Housing Corporation vis-à-vis the General Manager of sentiment and victimization. It is not in the best interest of the State Government that the defaulters be ejected but the right things must be done, and duly too. Do we describe the exercise being politically motivated when many Chieftains of the Ruling party in the State fell victims of the breach? Do we ascribe politics when some Chieftains of the opposition party in the State who have fully paid up for their properties were not disturbed at all? The vituperative vitriol of the affected residents are sheer tirades that represent an ineffectual attempt to inescapably dodge the real issues as the issues is purely apolitical.
TODAY'S JUDGEMENT :
Today, Monday 10th, July 2017, judgement was delivered over a legal battle that started barely two years ago. Reading the judgement, His Lordship, Hon. Justice E.B. Omotoso ruled against the petitioners and thrashed out the petitions in favour of the State Government and by extension, Ekiti State Housing Corporation
The Justice struck out the suit of the claimants for lack of jurisdiction and on the ground that the suit is incompetent as the claimants Mr. Orebe Ayodele Abimbola & 16 ORS cannot sue in representative capacity as parties they claimed to represent do not have joint interest to institute such action, since from the evidence before the Court, the claimants interest are not the same in all respect. The judgement means the State Government through the Ekiti State Housing Corporation now has the legal backing to revoke any defaulters who failed to pay a substantial amount of money to the Government coven.
CONCLUSION :
Now that a case has been instituted and judgement delivered, it will be in the interest of the State as well as the defaulters for them to make payment on the properties to avoid risking outright ejection
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