Hon. Attom Magira, a former 2023 Senatorial Candidate for Borno Central under the New Nigeria Peoples Party (NNPP), has filed a lawsuit against the Borno State Government following the demolition of his multi-million naira shopping mall in Maiduguri.
The property, a four-story commercial shopping complex and a multi-purpose hall, was located on Sir Kashim Ibrahim Road, opposite the state low-cost housing estate.
Legal Action Against Borno Government
Speaking through his lawyer and human rights activist, Hamza N. Dantani Esq of Kayode Ajulo & Co. Castle of Law, Garki, Abuja, Magira described the demolition as unlawful. He has instituted legal proceedings in the Borno State High Court under the case Alhaji M. Attom Magira v. Borno State Urban Planning and Development Board (BOSUPDB), Suit No. BOHC/MG/CV/8/2025 to prevent further actions against his property until the court determines if any town planning rules were breached.
Magira alleges that the demolition was orchestrated by the Borno State Government under Governor Babagana Zulum’s administration. Despite repeated demolition exercises by the government targeting illegal structures, the state has yet to provide an official explanation for this particular action.
Lawyer Condemns Demolition as Political Persecution
In a strongly worded statement, Dantani criticized the demolition, stating, “The demolition of my client’s plaza 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.”
Magira maintains that he was granted a statutory right of occupancy and had secured all necessary permits from BOSUPDB. He obtained development permit no. BSUPDB/DC/2194 for his property under occupancy no. BO/86138, complying with all legal requirements.
“It is interesting that throughout the construction phase, BOSUPDB never raised any concerns about town planning violations,” Dantani added. “Beyond personal loss, this investment would have provided employment and commercial opportunities in a state battling insecurity and economic hardship.”
Dispute Over Building Height and Legal Appeal
According to Magira’s legal team, BOSUPDB revoked the development permit only after the building was completed, citing an alleged violation involving a non-existent “fifth floor.” The board then issued a seven-day ultimatum for its removal or the demolition of the entire structure.
Magira immediately exercised his right to appeal under Section 52 of the Borno State Urban Planning and Development Board Law, a move that should have legally halted any demolition until the appeal was resolved. However, BOSUPDB proceeded with the demolition despite the pending legal challenge.
Citing Section 36 and Section 44 of the Nigerian Constitution (1999, as amended), Magira’s lawyer emphasized that the government’s actions violated his client’s right to fair hearing and protection of private property.
“In any democratic society governed by the rule of law, this means the government must pause further action until the court determines the case,” Dantani argued. “The courts have consistently ruled that any action taken while legal proceedings are pending is unlawful and undermines judicial authority.”
Next Court Hearing Scheduled for April 22, 2025
The case has been adjourned to April 22, 2025, for hearing, with BOSUPDB officially served court notices. Legal experts and political analysts are closely watching this case, as it raises broader concerns about property rights, governance, and political interference in urban development policies.
