By Damian Ugwu
The recent demolition of Udoka Golden Point Hotel in Oba, Anambra State, following the alleged discovery of graves on its premises, strikes at the heart of constitutional governance, threatening fundamental principles of due process, human rights, and proper administration of justice. While the state government’s resolve to combat crime deserves recognition, the impulsive destruction of private property without thorough investigation or judicial oversight sets a dangerous precedent that erodes the foundation of our legal system.
The Oba demolition echoes a troubling precedent in Anambra State’s approach to law enforcement. A decade ago, the Upper Class Hotel in Onitsha fell victim to similar heavy-handed tactics. On August 1, 2013, following the alleged discovery of human skulls on the premises, government bulldozers reduced the multi-million naira property to rubble within hours – all without a court order or thorough investigation.
The hotel’s proprietor, Chief Mokwe, endured 88 harrowing days at the infamous SARS detention facility in Awkuzu, where he reportedly faced torture and inhumane treatment. The case took a dramatic turn when investigations revealed that business rivals had orchestrated the entire incident, planting the skulls to frame Mokwe amid a dispute over a motor park.
Despite his eventual release and the exposure of the setup, the damage was irreversible. A thriving business had been destroyed, jobs were lost, and an innocent man’s reputation was tarnished – all because the state government chose demolition over due process. This rush to judgment not only violated fundamental human rights but also destroyed crucial evidence that might have helped identify the true perpetrators.
From a criminal justice perspective, the immediate destruction of property following criminal allegations is deeply problematic. First, it destroys potential evidence that might be crucial for both prosecution and defense. Second, it presumes guilt before any proper investigation or trial, violating the fundamental principle of presumption of innocence. In the Upper Class Hotel case, the owner was eventually released without charges, but his multi-million naira investment had already been reduced to rubble.
The public health argument often used to justify such demolitions – that these properties pose immediate dangers to community health – requires careful scrutiny. If graves were indeed found at the Oba hotel, proper forensic investigation, documentation, and careful excavation would serve public health interests better than immediate demolition, which might actually release harmful substances into the environment and destroy evidence of potential crimes.
Moreover, these summary demolitions raise serious human rights concerns. Property rights are protected under the Nigerian Constitution, and any deprivation of these rights should follow due process of law. Human rights groups rightly criticized this approach as “clearly illegal and primitive,” noting that such actions create room for persecution and witch-hunting of political opponents or personal vendetta.
The economic implications are equally significant. Hotels represent substantial investments and provide employment to numerous citizens. Their summary demolition not only destroys private wealth but also creates immediate unemployment and reduces the state’s tax revenue. In the Upper Class Hotel case, the owner filed a N3 billion lawsuit against the state government, highlighting the potential financial liability such hasty actions could bring to the state.
Moving forward, Anambra State needs to develop a more measured approach to handling such cases:
First, allegations of criminal activity should trigger thorough investigations with proper evidence collection and documentation before any irreversible actions are taken. Second, property owners should be given fair hearing and the opportunity to defend themselves in court. Third, if properties must be closed due to criminal investigations, this should be done through court orders with clear provisions for protecting the rights of all parties involved.
The harsh and extrajudicial methods employed by Anambra State in its war against crime have consistently undermined the rule of law while failing to address the root causes of criminality. From the notorious Bakassi Boys – a vigilante group that Human Rights Watch documented as responsible for over 2,000 extrajudicial killings – to the controversial shoot-at-sight orders that gave security forces unchecked power to use lethal force, the state has repeatedly chosen dramatic action over sustainable solutions.
The current policy of demolishing properties linked to alleged criminal activities follows this troubling pattern. Like its predecessors, this approach sidesteps due process, violates constitutional rights, and most critically, has proved ineffective at curbing the persistent crime problems plaguing the state.
Despite decades of these extreme measures, Anambra continues to grapple with serious security challenges, suggesting that quick-fix solutions and extrajudicial actions are poor substitutes for systematic law enforcement and comprehensive criminal justice reform.
The fight against crime in Anambra state, while necessary, must be conducted within the framework of law and due process. As the Upper Class Hotel case demonstrates, hasty demolitions can serve as tools for settling personal scores rather than advancing justice. The Anambra and other state governments should learn from these experiences and prioritize thorough investigation and judicial process over dramatic demonstrations of authority.
When the dust settles, what matters most is not how quickly the government can tear down buildings, but how effectively it can build up and maintain a justice system that protects both public safety and individual rights. The wrecking ball might make for good theater, but it makes for poor justice.