COURT FINES ENUGU AGENCY N55M FOR ILLEGAL DEMOLITION

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The Enugu State High Court has ordered the Enugu Capital Territory Development Authority to pay N55 million in damages to Chinedu Onyebuchi for the unlawful demolition of his property in Enugu.

Delivering judgment on Wednesday in suit No. E/124/2015, Justice Kenneth Okpe ruled that the ECTDA’s actions were “unlawful, illegal, unconstitutional, and unwarranted.”

Newsmen obtained a copy of the judgment on Friday.

The plaintiff, represented by P.A. Afuba, SAN, had sought N80 million in damages.

The court awarded N30 million as special damages, including compensation for two years of rent Onyebuchi had to refund to tenants, costs of rebuilding, and losses incurred.

An additional N25 million was granted as general damages for the emotional and financial distress caused by the demolition.

The court document read, “I therefore agree with the plaintiff that the demolition of his shops was unlawfully done.

“Let me comment on this unlawful act of the defendant. The defendant’s counsel placed reliance on Section 13(4) of the Enugu Capital Territory Development Authority Law, Cap A6, Supplement to the Revised Laws of Enugu State, 2014. The section provides thus:

“The Authority shall have to require any person who proceeds with or does any work within the Capital Territory otherwise than in pursuance of an approval granted under subsection (1) of this section, to remove any work carried out by that person and to reinstate the land or, where applicable, the building in the condition in which it was before commencement of such work, and in the event of failure on the part of such person to comply with the requirement, the Authority shall cause the requisite work to be carried out, and thereafter may recover as a debt from such person the expenses incurred thereby.”

Justice Okpe noted that the ECTDA failed to justify the demolition, stating that the law cited by its defense counsel, Section 13(4) of the Enugu Capital Territory Development Authority Law, was misapplied.

He emphasised that this section pertains only to unapproved structures, whereas Onyebuchi’s building had received proper approval from the defendant.

“This section of the law wrongly relied upon by counsel for the defendant in their final written address is clearly in respect of structures without approval and therefore not relevant to this suit.

“Secondly, a wholistic reading of the Enugu Capital Territory Development Authority Law particularly section 15 (1) (b) of the law would make it inconceivable that the Authority (defendant) would move into a premises for the purpose of demolition of structure without first serving notice of removal on the party and the notice MUST be in writing,” the court said.

The court declared that the demolition of the plaintiff’s building, made up of six shops and the basement situated at Onu Asata Ihuewuzi (Lagos Street) Ogui-Nike, Enugu by the defendant is unlawful, illegal, unconstitutional and unwarranted.

The judge said, “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 and order directing the defendant to pay to the plaintiff the sum of N25,000,000.00 (Thirty Million Naira) only as general damages for the demolition of the plaintiff’s building.”

In the suit, which commenced by a writ of summons dated July 23, 2015 and filed on July 24, 2015, Justice Okpe ruled that the evidence in chief of the witness “is basically in line with the pleadings in his statement of claim and reply to the statement of defence.

The Chief Legal Officer from the Ministry of Justice, Nkechi Okegbe, represented the ECTDA in the case.