LAGOS – A legal storm is brewing on the exclusive Banana Island, Ikoyi, as Dr. Ifeanyi Chukwuma-Odii, a resident of the high-brow area, has dragged the Lagos State government and a property developer to court over the construction of a six-storey building. Odii alleges the development violates the area’s stipulated building regulations and infringes on his property rights.
Odii, who resides at 327 Close, Plot 8, Zone B, Banana Island, filed a suit at the Lagos State High Court against the developer, Fandago Properties Ltd, as well as the Attorney-General of Lagos State, the Lagos State Ministry of Physical Planning and Urban Development, the Lagos State Physical Planning Permit Authority (LSPPPA), and the Lagos State Building Control Agency (LASBCA)..
Ikoyi-Victoria Island Model City Plan (Banana Island) 2013–2033, according to Dr. Chukwuma-Odii’s statement of claim, designates the area for low-residential density. He asserts that his property strictly adheres to this plan, which mandates a maximum building height of 25 meters, a total dwelling limit of 40 family units per 10,000 sqm, and a building coverage not exceeding 50 percent of the land mass. Additionally, he states that the plan requires a minimum of two parking spaces per family unit and restricts developments to a maximum of four floors.
The crux of Odii’s complaint lies in the construction of a six-storey building on Plot B-7, also at 327 Close, owned by Fandago Properties Ltd. He claims the LSPPPA granted approval for residential development on the plot in 2021, specifying six family units and setback/airspace restrictions of nine meters at the front and six meters on both sides. However, Odii alleges that Fandago has deviated significantly from this approved plan.
Specifically, he alleges that Fandago has reduced the left-side setback to less than 25 meters and the airspace to less than 18 meters from his boundary. He argues that the multi-flat building directly overlooks his single-dwelling premises, causing considerable discomfort. He cites exposure to the views of strangers, the risk of falling objects, restricted airspace, and increased heat due to the building’s proximity as direct consequences of the alleged violations.
Odii further argues that the development infringes upon his family’s constitutional right to privacy, mars the planned aesthetics of the area, and alters the skyline of the zone. He claims that despite a stop-work order, the developer has continued construction unabated, demonstrating a blatant disregard for regulations.
Dr. Chukwuma-Odii is seeking a perpetual injunction restraining the defendants from further developing or maintaining the building in its current form, arguing that it breaches the approved plan. He is also requesting an order for the demolition of the structure. Justice A.O. Opesanwo of the Lagos State High Court has been designated to hear the case.
