“Banana Island Landlord Sues Over Six-Storey Building” — Takes Lagos Govt To Court Over Height, Privacy Violations

A Lagos landlord, Dr. Ifeanyi Chukwuma-Odii has dragged the Lagos State Government Building and Planning Agencies before the State High Court for allegedly approving a permit for a six-storey building on Plot B-7, Banana Island, contrary to the original building model specification of the area.

The landlord is also suing the agencies for failing to stop the developer from contravening the approval given to him on the building specification.

Joined as co-defendants in the suit are the Attorney-General of Lagos State, the Lagos State Ministry of Physical Planning and Urban Development, the Lagos State Physical Planning Permit Authority, the Lagos State Building Control Agency, and the Developer, Fandago Properties Ltd.

In his statement of claim, Dr. Chukwuma-Odii averred that he owns a property located at 327 Close, Plot 8, Zone B, Banana Island, Ikoyi, Lagos State, which was built in strict compliance with the Ikoyi-Victoria Island Model City Plan (Banana Island) 2013–2033 for low-residential density.

According to the plaintiff, the Banana Island Master Plan for Zone B specifies low-residential density with a maximum property height not exceeding 25 meters and a total dwelling limit of 40 family units per 10,000 sqm, with building coverage limited to 50% of the land mass. The plan also requires a minimum of two parking spaces per family unit and developments not exceeding four floors.

He further claimed that his property shares a common boundary with Plot B-7, 327 Close, owned by Fandago Properties Ltd which the Lagos State Physical Planning Permit Authority, LSPPPA, issued an approval in 2021 for residential development on the plot, with a total of six family units and setback/airspace restrictions of 9 meters at the front and 6 meters on both sides.

Dr. Chukwuma-Odii alleged that Fandago deviated from the approved plan by reducing the left-side setback to less than 25 meters and the airspace to less than 18 meters from the boundary.

According to him, the building contains multiple flats directly overlooking his single-dwelling premises, which has caused significant discomfort, including exposure to the views of strangers, the risk of falling objects, constraints on airspace, and increased heat due to the building’s proximity.

He further claimed that the development has breached his family’s constitutional right to privacy, defaced the area’s planned aesthetics, and altered the skyline within the zone.

Dr. Chukwuma-Odii stated that he reported the matter to the Banana Island Property Owners and Residents Association, BIPORAL, and the Lagos State Ministry of Physical Planning and Urban Development, which twice sealed the site but later reopened it.

Following a petition by his solicitor, Samuel N. Agweh (SAN) & Associates, on August 20, 2024, the fourth, fifth, and sixth defendants visited the site and issued a stop-work order on September 2, 2024.

The claimant alleged that Fandago has disregarded the stop-work order and continues construction in a brazen and defiant manner.

Dr. Chukwuma-Odii is seeking the following reliefs from the court:
“A declaration that the development commenced by the developer on Plot B-7, 327 Close, Banana Island, Lagos State, with Registration No. IKV/EPPID/2020/75m and Approval No. DCB/DO/2900IV contravenes the building model specification approved in the permit and constitutes a breach of the approval order, warranting revocation.

“An order revoking and nullifying the planning permit and approval with Registration No. IKV/EPPID/2020/75m and Approval No. DCB/DO/2900IV issued to the seventh defendant by the fourth, fifth, and sixth defendants on behalf of the first and second defendants for the building located at Plot B-7, 327 Close, Banana Island, Ikoyi, Eti-Osa LGA, Lagos State.

“An order of perpetual injunction restraining the defendants from further developing or maintaining the building on Plot B-7, 327 Close, Banana Island, Ikoyi, Eti-Osa LGA, Lagos State, in its current form, which breaches the approval granted.

“An order for the demolition of the building and development on Plot B-7, 327 Close, Banana Island, Ikoyi, Eti-Osa LGA, Lagos State.”

The matter has been assigned to Justice A.O. Opesanwo for commencement of hearing.