The Enugu State High Court has mandated the Enugu Capital Territory Development Authority (ECTDA) to compensate Chinedu Onyebuchi with N55 million following the illegal demolition of his property in Enugu.
In a ruling delivered on Wednesday in case No. E/124/2015, Justice Kenneth Okpe described the ECTDA’s actions as “unlawful, illegal, unconstitutional, and unwarranted.”
The judgment was obtained on Friday. Onyebuchi’s legal representative, P.A. Afuba, SAN, initially sought N80 million in damages. The court ultimately awarded N30 million in special damages for two years’ rent that Onyebuchi had to refund to tenants, rebuilding costs, and other losses. Additionally, the court granted N25 million as general damages to address the emotional and financial distress resulting from the demolition.
Justice Okpe stated, “I concur with the plaintiff that the demolition of his shops was conducted unlawfully.”
His remarks highlighted the ECTDA’s failure to justify the demolition, pointing out that their defense misapplied Section 13(4) of the Enugu Capital Territory Development Authority Law, which pertains to unapproved structures. Onyebuchi’s building had received the necessary approvals.
“This section, incorrectly cited by the defendant’s counsel, applies solely to structures built without approval and is, therefore, irrelevant to this case. Moreover, a thorough reading of the Enugu Capital Territory Development Authority Law, particularly Section 15(1)(b), makes it clear that the Authority cannot undertake demolition without first providing written notice of removal,” the judge observed.
The court declared the demolition of Onyebuchi’s property, consisting of six shops and a basement on Onu Asata Ihuewuzi (Lagos Street) Ogui-Nike, Enugu, to be unlawful, illegal, unconstitutional, and unwarranted.
Justice Okpe asserted, “The plaintiff, having received approval for his shops/office development from the defendant, is entitled to construct the approved structure without interference from the defendant or its agents.”
He issued a permanent injunction preventing the ECTDA and its agents from harassing or obstructing Onyebuchi in relation to his property, and ordered the agency to pay N30 million as special damages for the demolition, which accounted for the advanced rent owed to tenants, rebuilding costs, losses of tools and materials, and debris removal expenses. Additionally, the court ordered N25 million in general damages for the impact of the demolition on the plaintiff.
The lawsuit, which originated from a writ of summons dated July 23, 2015, featured testimony that aligned with the plaintiff’s claims against the ECTDA, represented in court by Nkechi Okegbe, Chief Legal Officer from the Ministry of Justice.
