EXCLUSIVE

THE ILLEGAL DEMOLITION OF HON. ATTOM MAGIRA'S FOUR-STOREY ULTRA-MODERN COMMERCIAL SHOPPING COMPLEX BY THE BORNO STATE GOVERNMENT: A THREAT TO JUSTICE, INVESTMENT, AND THE RULE OF LAW

By Hamza Nuhu Dantani Esq

Introduction

It is ancient wisdom that power corrupts, and absolute power corrupts absolutely. It is the Almighty Allah that gives power. Still, when it is wielded without empathy, morality, accountability, fairness, and regard for the rule of law, power can be a poison that corrupts those who possess it, leading to abuses that shatter lives and undermine trust. Prof. Babagana Umara Zulum, the Executive Governor of Borno State, is drunk on power. And history tells us that unchecked power becomes a self-destructive force that consumes the one who wields it. After all, when power meets arrogance, the result is often a catastrophic abuse of power, leaving devastation and despair in its wake.

The recent unlawful demolition of Hon. Attom Magira's four-story commercial shopping complex and a multi-purpose hall located at Sir Kashim Ibrahim Road, opposite state low-cost housing estate, Maiduguri, by the Borno State Government under the direct instruction of Governor Zulum is not just an attack on one man's investment but a blatant disregard for the rule of law, judicial authority, and the economic future of Borno State. This brazen act, driven by political vendetta rather than lawful governance, exposes the alarming level of impunity that has become the trademark of his administration.

An Investment Built on Solid Legal Grounds;

Hon. Attom Magira is the lawful owner of the property described above, having been granted a statutory right of occupancy over the land and having duly obtained all necessary permits from the relevant state government agency, Borno State Urban Planning and Development Board (BOSUPDB). In compliance with all applicable laws, he paid all required fees and was issued development permit no. BSUPDB/DC/2194 over his statutory right of occupancy no. BO/86138. It is pretty interesting that during the entire construction phase of the property, BOSUPDB never raised any concerns about town planning violations.

Beyond personal gain, Hon. Attom Magira's investment was a source of livelihood for many people in Borno State, employing indigenes and residents in various capacities during construction and providing commercial space that would have boosted local businesses. In a state ravaged by Boko Haram terrorism, insecurity, and economic crisis, such an investment should have been welcomed and protected—not torn down in the name of political persecution.

A Vindictive Abuse of Power;

It was only after the completion of the building that the same BOSUPDB, acting under political influence, suddenly revoked the development permit issued to Hon. Attom Magira and gave him an impossible ultimatum: remove the "fifth floor" of your property or the whole property and demolish the multi-purpose hall within seven days or risk complete demolition, even though the property in question is a four-story building. 

The justification provided in BOSUPDB's notice of revocation to justify this draconian directive cited provisions of section 51 of the Borno State Urban Planning and Development Board Law, conveniently overlooking another provision of the same law that grants affected individuals the right to appeal such revocations. Hon. Attom Magira sought legal counsel, and his lawyers informed him that he had the right to appeal a revocation of the development permit. 

Consequently, Attom Magira invoked Section 52 of the Borno State Urban Planning and Development Board Law, which allows an appeal against the decision of BOSUPDB, a procedure he duly activated and followed within the stipulated time. This appeal was served on BOSUPDB, but they did not respond. This step should have automatically stayed the execution of the revocation and demolition of his property, as is the law.

The position of the law is clear: where a statutory provision stipulates a method or manner of discharging responsibility, that method must be strictly employed, and no other process must be adopted; see INEC & Ors. (1999) 8 NWLR (Pt. 614). In other words, where a law, like the Borno State Urban Planning and Development Board Law in this case, lays down a procedure for doing a thing, there should be no other method. 

What is more, under his constitutional right to fair hearing jealously protected by section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), a citizen shall be allowed to state his case and defend his constitutional right to immovable property, guaranteed by section 44 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

In addition to the appeal process mentioned above, Hon. Attom Magira, as a law-abiding citizen, equally sought the protection of the court as the last hope of the commoner by instituting legal proceedings at the Borno State High Court in Alhaji M. Attom Magira v. Borno State Urban Planning and Development Board (BOSUPDB); Suit No.

 BOHC/MG/CV/8/2025 to prevent the unlawful demolition of his property until the court decides whether or not he breached any town planning rules. The court duly adjourned the matter to the 22nd of April 2025 for a hearing, and BOSUPDB was served with the processes and the hearing notice of the next adjourned date.

In any democratic society governed by the rule of law, this would mean that the government must hold off any further action until the court determines the rights of parties, as the constitution empowers the institution to settle disputes between individuals and institutions. The courts have consistently held that actions taken on pending legal proceedings that purport to prejudge the issues that are to be tried and destroy the res are intrinsically objectionable as constituting a usurpation of the proper functions of the court, see Bello v. A.G, Lagos State (2007) 2 NWLR (Pt. 1017) 115. 

However, in a strong display of naked power and authoritarian arrogance, Governor Zulum instructed BOSUPDB to demolish Attom Magira's property despite the matter pending in court. This action is nothing short of a flagrant violation of Magira's constitutionally guaranteed right to immovable property and a calculated move to undermine the judiciary.

An Affront to the Rule of Law and Judicial Independence;

Governor Zulum has, through his unlawful actions, cast himself above the laws of the land, treating Borno State as his personal fiefdom where political opposition is met with tyranny. His utter disregard for due process and the judiciary sends a chilling message to citizens and investors alike: in Borno State, the law is subservient to the governor's whims.

Unfortunately, this assault on the judiciary sets a dangerous precedent. If court orders and pending litigations can be ignored at will, then what hope do ordinary citizens have for justice? If a government can demolish legally acquired property without recourse to the court, what protection exists for private citizens and businesses?

A Disaster for Investment and Economic Growth;

At a time when Borno State is struggling with a fragile economy exacerbated by terrorism, insecurity, flooding, and famine, the governor's actions would most certainly discourage both local and foreign investors. Who would risk investing in a state where the government can arbitrarily destroy investments based on political differences ?.

Instead of being the chief promoter of his state's economic growth, Governor Zulum has become its chief de-marketer. His reckless actions have further pushed Borno State into financial despair, discouraging prospective investors who now realize that no compliance with the rules can protect them from the governor's vendetta.

The Governor's Oath Betrayed;

When Governor Zulum took his oath of office, he swore to defend the Constitution and uphold the rule of law. Yet, his recent actions have demonstrated a gross betrayal of that oath. He has proven that he is not a leader who respects the law but rather one who rules with an iron fist, disregarding the very principles that define democracy.

It is unfortunate that a professor, a supposed intellectual, has chosen to use his position not to foster development but to exert personal revenge against political opponents. This is not governance; it is dictatorship.

Conclusion: 

Justice Must Prevail;

Governor Zulum must be held accountable for this egregious abuse of power. His actions are a legitimate stain on Borno State's reputation and must not go unchallenged. All citizens of good conscience must say no to this tyrant, as this can happen to anyone tomorrow.

The demolition of Hon. Attom Magira's property was not just an attack on an individual but an assault on justice, investment, and democracy. All well-meaning citizens, legal practitioners, human rights organizations, and the judiciary must take a stand against this tyranny.

The rule of law must prevail. Anything less is an invitation to anarchy.

Hamza N, Dantani Esq is a Human Rights Activist.