Rebuild Ayefele’s Fresh FM or face legal action – SERAP threatens Ajimobi

Socio-Economic Rights and Accountability Project, (SERAP) has demanded that the Governor of Oyo State, Senator Abiola Ajimobi, rebuilds the demolished building of Fresh FM owned by popular juju musician, Yinka Ayefele, or face national and international legal actions.

The  letter reads in part: “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.

“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 may consider too critical or ‘defamatory’.”

“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.

“We urge Governor Abiola 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.

“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.’”

CREDIT : DAILY POST 

Fresh FM was duly approved for music houseby Oyo govt —Ayefele

The proprietor of Fresh F.M radio, Yinka Ayefele, has described as untrue, comments from an official of a government that the demolished music house was not approved to host the radio station.
Ayefele, who spoke at a news conference in Ibadan, on Monday evening, said two studios were in the building plan submitted to the government and approved over 10 years, precisely on June 6, 2008.
The gospel artiste, who fought back tears while addressing journalists, also disclosed how his wife knelt down for four hours, begging Governor Abiola Ajimobi to rescind his decision.

“My wife was with the governor till around 3:00 a.m on Saturday. She was able to meet the governor and he assured her that the building will not be demolished and as an assurance, when she was leaving, the governor gave her $1, 000.

“I would have gone with her but I had been hospitalised a day after the three days demolition notice was given to us by the government. There is no defence for this vindictive and politically motivated destruction of a thriving business in a city that needs economic and job opportunities for its citizens,” Ayefele said.
On the accusation from the government that he shunned a letter requesting a regularisation of the building plan, he said his architects were already working on a new plan before the bulldozers were rolled in to pull down the edifice.
“In the approved plan of the music house, we requested an approval for a business complex with proposed two studios and the plan was approved. The building is more than 10 years. Are they now saying that a radio license which costs several million to obtain is not a business venture?
“They did not only demolish the building, our recently acquired broadcast equipment worth N28 million was equally damaged. We are still putting the cost (of the damage) together.
“The demolition notice they brought was three days. There is a confirmation that the state government is responsible for the demolition as against what their counsel said in court.
“We have relocated our studio and Fresh F.M is fully back on the air. It is only the NBC that can stop us from broadcasting Fresh FM is a small business that should be encouraged and not destroyed,” he said.

NBA, Atiku, PDP condemn demolition of Yinka Ayefele's fresh FM

The Nigerian Bar Association (NBA), Ibadan branch, has condemned the demolition of the Music House situated at Challenge area of Ibadan, by the Oyo state government.

PREMIUM TIMES reported the demolition of the Music House owned by the popular gospel musician, Yinka Ayefele, on Sunday. The building also housed Mr Ayefele’s popular radio station in the state, Fresh FM.

The location of the demolished building had generated controversies in recent weeks after the Oyo State Government said that it contravenes urban and physical planning laws of the state.

Perhaps, sensing the government was planning to demolish it, Mr Ayefele last week approached a court to seek an order barring the state government from demolishing the building. Although the court did not grant the order, it adjourned the suit to the coming week.

On Sunday, in a statement signed by the Chairman and the Secretary of the NBA in Ibadan, Oluwole Akintayo and Akeem Okelola, the association described the demolition as a breach of the rule of law.

“It is our understanding that there is a pending suit in court over the decision of the Oyo State Government to demolish the property. It is trite that once parties subject themselves to the jurisdiction of a court, they must be ready to abide by the outcomes and refrain from taking further step that can prejudice the case and render the final decision nugatory.”

“The Rule of Law is the basis upon which a just society is governed. Even if there is no express order of court restraining the government, the fact that parties are already in court over the matter is a sufficient reason why the government must stay action.”

“It is a cardinal principle of law that once an application for injunction is served, the parties should wait for the outcome of the application so as not to foist a fait accompli on the court. In view of the above, the Oyo State Government should not have carried out the demolition exercise.”

Citing instances, it was stated that; “the Supreme Court of Nigeria has since settled this in the landmark case of Ojukwu v. Military Governor of Lagos State [1986] 1 NWLR (Pt.18) 621 that parties including state governments, must not resort to self-help and that the fact that a matter is in court is sufficient to restrain parties from taking the law into their hands.”

“It must be clear to the actors in government, being products of democratic rule, that they must at all times abide by and respect the Rule of Law.”

In his reaction to the demolition, a former Nigerian vice president, Atiku Abubakar, expressed sadness.

“The reports of the demolition of a radio station in Oyo fills me with a deep sadness. Press freedom is sacrosanct. It’s equally saddening that at a time when jobs are badly needed, a radio station which was providing jobs is needlessly demolished,” Mr Abubakar said on his official Twitter handle.

Also, Nigeria’s main opposition party, PDP, condemned the demolition.
In a statement issued by its National Publicity Secretary, Kola Ologbondiyan, on Sunday, the party described the demolition of the building as “horrifying, wicked and speaks volume of the insensitivity of the perpetrators”.

“The PDP notes that Aiyefele’s building was demolished for allegedly singing songs considered to be against the interest of the All Progressives Congress (APC), even when our Constitution allows all citizens right to free speech, freedom of opinion and association within the ambit of the law.

“The PDP alerts Nigerians of a dangerous trend whereby the current clampdown on the media is now being extended to other public opinion moulders, including musicians and perhaps actors.”

Mr Ologbondiyan urged all public spirited groups and individuals to condemn what he described as “emerging assault on free citizens for no just cause”.

“Nigerians, must at all times, be free to hold and canvass opinion, politically associate and aspire, as long as their actions are within
the ambit of our laws,” he said.

A civil society group, SERAP, and the Nigeria Union of Journalists had earlier condemned the demolition of the building.

The Oyo State Government is yet to react to the demolition. When PREMIUM TIMES contacted the information commissioner, Toyin Arulogun, he said the state government will address journalists on the matter on Monday.

CREDIT : PREMIUM TIMES

‘I Obtained Necessary Documents, Approval’ – Yinka Ayefele Speaks On After House Demolition

Gospel artiste, Yinka Ayefele, has said that he obtained the necessary documents and due approvals before he constructed his multi-million naira structure that was razed by the Oyo State Government around 4.30 on Sunday morning.
In a statement made by Ayefele and obtained by our correspondent, the musician stated that necessary building permits were obtained from government for the construction of the building.
He also called on the state Commissioner for Information, Culture and Tourism, Toye Arulogun, to “refrain from misleading the public” concerning the reasons for the demolition.
Ayefele reiterated that necessary documents were obtained on the building and that a discussion relating to the establishment of a central abattoir by the state government could be behind the demolition.
He added that the FM station belonged to the people and that he had left everything to God.
In an announcement aired on the radio station during its global update, the management of the radio station called for calm after the demolition.