Ben Ezechime, Enugu
An Enugu State High Court has ordered the Enugu Capital Territory Development Authority (ECTDA), to pay a total of N55 million to Onyebuchi Chinedu for an unwarranted demolition of his shops located at Lagos Street, Onu Asata, Enugu North Local Government Area.
Delivering judgment on the matter which was filed on July 24, 2015, Justice Kenneth Okpe ruled that, “The defendant (ECTDA) acted arbitrarily and very abysmally in demolishing the shops of the plaintiff without evidence of service of appropriate notice on him.
“I declare that the demolition of the plaintiff’s building made up of six shops and the basement situate at Onu Asata Ihuewuzi (Lagos Street) Ogui-Nike, Enugu by the defendant is unlawful, illegal, unconstitutional and unwarranted.
“I declare that the plaintiff having obtained an approval of his shops/office development plan from the defendant is entitled to build or erect the structure/building(s) approved by the defendant without any hindrance by or interference from the defendant and/or her agents.
“I make an order of perpetual injunction restraining the defendant and/or her agents from harassing or disturbing the plaintiff in his aforementioned building site, interfering with or hindering the construction of the plaintiff’s shops/office building the defendant having duly approved the proposed shops/office development plan.
“I make an order directing the defendant to pay to the plaintiff the sum of N30,000,000.00 (Thirty Million Naira) only as special damages for the demolition of the plaintiffs said six-shop building and the basement by the defendant, the special damages which comprises the two years rent paid to the plaintiff in advance in respect of the demolished six shops which the plaintiff will refund the tenants, the replacement cost of the demolished six-shop building and the basement, the loss of tools, building materials and other valuables in the demolished building and the cost of evacuating the debris of the demolished building.
“I make an order directing the defendant to pay to the plaintiff the sum of N25,000,000.00 (Twenty-five Million Naira) only as general damages for the demolition of the plaintiff’s building.”
Counsel to the plaintiff, Christian Odoh, while responding to the judgment said that his client decided to seek redress in court after the ECTDA went ahead to demolish his clients property in 2014 after the same agency issued all the necessary approvals for the structure.
“It was surprising that the same agency came and demolished the building on the grounds that my client did not obtain approval. So we decided to come to court to seek remedy. I am happy that all the reliefs that we sought were granted,” he said.
On his part, the plaintiff, Chinedu Onyebuchi, said, “I feel so excited that I lack words to express my feelings. This is about ten years of legal battle, so I give God all the glory. I thank God for the outcome. Some of my friends had advised me to abandon the case but truly this shows that the courts remain the last hope of the common man.”
