Charles Esther
Earlier this year, singer Portable had his buildings marked for demolition by the Ogun State Government.
He was even arraigned for resisting planning officers.
However, he later presented evidence of proper approvals, and his properties were spared.
This showed that in Ogun, like in other states, enforcement depends on compliance.
Those who regularize their documents are spared; those who do not face sanctions.
The Gbenga Daniel Controversy
The current dispute involves Senator Gbenga Daniel, representing Ogun East.
The government requested him to submit building plans and approvals for his properties in Sagamu GRA.
Instead of complying, his camp accused Governor Dapo Abiodun of political victimization.
Dr. Ope Banwo, writing from the United States, accused the governor of a “vindictive fishing expedition.”
But his criticism is seen by many as partisan and legally flawed.
Legal Principle of Proof
In Nigerian law, the burden of proof lies with the person making the claim.
Senator Daniel insists his properties are duly approved, but he must provide the evidence.
The Supreme Court has consistently ruled that whoever asserts must prove.
Under Section 131 of the Evidence Act 2011, it is Daniel’s duty—not the state’s—to present valid documents.
Ogun State’s Planning Law
Critics have argued that the state is retroactively applying the law.
But Section 72(3) of the Ogun State Physical Planning Law clearly states that enforcement applies regardless of when the violation occurred.
Therefore, Daniel’s properties—even if built during his tenure as governor—can still be subjected to verification and sanction.
Banwo’s Legal Argument Questioned
Dr. Banwo’s reliance on “presumption of regularity” has been criticized.
His claim that Daniel’s past status as governor should guarantee legality is seen as flawed.
Legal experts argue that presumption of innocence is not proof of compliance.
It is an assumption, not a defense against verification.
A Case of Double Standards?
The issue raises an important question: is there one law for ordinary citizens and another for political elites?
Portable was made to comply.
Should Daniel, as a former governor, be exempt from the same process?
Critics argue that such double standards weaken respect for the rule of law.
Conclusion: The Rule of Law Must Prevail
The Ogun State Government has only asked Senator Daniel to present his permits.
If he has them, the matter ends.
If not, he must comply like everyone else.
Anything less would undermine governance and fairness.
