The Construction Board Erected Within The School Premises
Residents of Modupe Johnson Crescent, Surulere, Lagos, have dragged the Lagos State Development and Property Corporation (LSDPC) and several state government agencies before the Lagos State High Court over the alleged construction of a 36-unit multi-storey residential estate within the premises of Gbaja Boys High School.
The suit, marked LD/6333LM/2026, was instituted by the Incorporated Trustees of Modupe Johnson Crescent Residents’ Association against the Managing Director/Chief Executive Officer of LSDPC and the corporation.
Other defendants include the Lagos State Commissioners for Physical Planning and Urban Development; Basic and Secondary Education; Environment and Water Resources; the General Managers of the Lagos State Physical Planning Permit Authority (LASPPPA), Lagos State Building Control Agency (LASBCA) and Lagos State Environmental Protection Agency (LASEPA), as well as the Lagos State Attorney-General.
The residents alleged that the five-block development, comprising 36 units of two and three-bedroom flats, is being erected without the required planning permit and approved building plan.
They further claimed that the project occupied school open space and a playground and extended to the edge of a canal forming part of the drainage network serving the Surulere community.
The residents are seeking 16 declarations and orders from the court, including a declaration that the alleged development constitutes an illegal construction under relevant Lagos State building control regulations.
They also want the court to declare that the construction on the edge of the canal violates the canal right-of-way and that the alleged absence of environmental impact, drainage alignment and traffic impact clearances threatens the community’s environment and safety.
The residents further alleged that the development could worsen flooding, erosion, traffic congestion and pressure on water, electricity, sanitation and other infrastructure in the low-density neighbourhood.
They also contended that the project interferes with land designated for educational purposes and allegedly constitutes trespass and encroachment on school property.
The association is asking the court for perpetual injunctions restraining LSDPC and its agents, contractors or workmen from continuing the alleged unauthorised development within Gbaja Boys High School and/or Surulere Baptist School.
It is also seeking orders directing relevant government agencies to permanently seal the construction site and remove structures allegedly erected unlawfully.
In an affidavit supporting the residents’ application, Babatunde Ajayi, a trustee of the association, said residents became concerned after seeing a project signboard in September 2025 identifying LSDPC as the client.
According to him, residents subsequently demanded details of planning approvals, building permits, environmental clearance, drainage approval and authorisation from the Ministry of Basic and Secondary Education.
The affidavit stated that after a stakeholders’ meeting in December 2025, LASBCA allegedly issued a contravention notice and stop-work order on January 12, 2026, while the Ministry of Environment and Water Resources allegedly issued a seal order.
The residents claimed the seal was broken and construction continued.
They subsequently obtained interim injunctions on 27th January, 2026, during pre-emptive proceedings in the suit marked LD5840LM/25.
Hon. Justice Yewande Badejo-Okusanya, in a subsequent ruling delivered on March 18, 2026, upheld the validity of the pre-emptive orders and directed the parties to comply with the pre-action protocol for land matters.
The residents alleged that the defendants failed to comply and later resumed construction after the interim orders were vacated.
Meanwhile, Justice M. A. Ipaye has fixed October 26th, 2026, for hearing of the originating summons alongside the preliminary objection filed by the 1st and 2nd Defendants challenging the locus standi of the Claimants.