Datkem Plaza demolition appeal setback as Appeal Court strikes out Ogun government’s application, citing judicial abuse and delay tactics by Abiodun’s team
The long-running Datkem Plaza demolition appeal took another decisive turn on Tuesday as the Court of Appeal in Ibadan struck out a fresh application filed by the Ogun State Government (OGSG), dealing a stinging legal blow to Governor Dapo Abiodun’s administration in the contentious case.
The application, filed under appeal number CA/IB/M.110/2025, sought an extension of time to appeal a prior High Court ruling.
But the appellate court found the motion to be “incompetent, frivolous, and a clear abuse of judicial process,” dismissing it in strong terms and deepening public criticism of the state’s legal strategy.
This marks the second time in 2025 that the Ogun State Government has had an application tossed out in connection with the demolition case, following a similar dismissal on February 11.
Legal analysts describe the government’s repeated losses as part of a deliberate campaign to delay justice through procedural obstructions.
Despite these setbacks, three more appeals from the government — CA/IB/118/2024, CA/IB/154/2024, and CA/IB/155/2024 — remain pending.
“All three Appeals, prosecuted at the public expense and using Tax Payers funds.”
But seasoned legal observers suggest that the state is engaging in a “war of attrition,” aiming to exhaust the complainant, Mrs Olufunke Daniel, through prolonged litigation.
The controversy dates back to September 2023, when Ogun State officials — allegedly acting on Governor Abiodun’s direct orders — demolished the DATKEM Plaza, a five-storey commercial building in Ijebu Ode owned by Mrs Daniel, wife of former governor and sitting senator, Otunba Gbenga Daniel.
The demolition, executed in the early hours, was widely condemned as illegal and politically motivated. At the time, the structure had reportedly passed compliance checks and secured all necessary approvals.
This application is incompetent, frivolous, and a clear abuse of judicial process.
Nevertheless, the state cited vague regulatory infractions, a claim increasingly discredited by independent probes and court documents.
In response, Mrs Daniel sued the government, accusing it of unlawful destruction, economic sabotage, and political harassment.
An Ogun State High Court later granted her temporary reliefs, including restraining orders. Rather than comply, the government launched a flurry of appeals and motions — all now facing growing judicial resistance.
Critics argue that Governor Abiodun’s legal team is not only abusing court processes but also undermining the judiciary’s authority.
Public sentiment has grown increasingly hostile, with many seeing the dispute as part of a deep political feud between Ogun’s dominant factions — a feud now playing out in the courts.
The Daniels, long seen as political heavyweights in Ogun, appear to be on the receiving end of what civil society groups call “executive overreach.”
Several human rights organisations have condemned the state’s tactics as a misuse of power.
“The repeated rejections by the Appeal Court reflect a disturbing pattern,” said one Lagos-based senior advocate. “When a state uses public resources to delay justice, democracy itself is weakened.”
Analysts believe that how the remaining appeals are resolved will be pivotal to Governor Abiodun’s legacy — whether he is remembered as a leader who upheld the rule of law or one who weaponised it against perceived rivals.
For now, the tide is turning. The judiciary, once cautious, appears more assertive in pushing back against what it increasingly regards as frivolous, obstructive, and indefensible litigation.
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