The Enugu State High Court has ordered the Enugu Capital Territory Development Authority (ECTDA) to pay N55 million in damages to Chinedu Onyebuchi for the unlawful demolition of his property in Enugu.
In a judgment delivered on Wednesday in suit No. E/124/2015, Justice Kenneth Okpe ruled that the actions of the ECTDA were “unlawful, illegal, unconstitutional, and unwarranted.”
The plaintiff, represented by P.A. Afuba, SAN, had initially sought N80 million in damages. However, the court awarded N30 million in special damages and an additional N25 million in general damages.
The special damages included compensation for rent Onyebuchi had to refund to tenants, the costs of rebuilding, and the losses incurred due to the demolition.
The judgment stated: “I agree with the plaintiff that the demolition of his shops was unlawfully carried out.”
Justice Okpe noted that the ECTDA’s defense, which cited Section 13(4) of the Enugu Capital Territory Development Authority Law, was misapplied.
The section pertains to unapproved structures, but the court found that Onyebuchi’s building had received proper approval from the authority.
The court further emphasized that the ECTDA failed to follow proper procedure, noting that Section 15(1)(b) of the law required the agency to serve a written notice of removal before carrying out any demolition.
This notice was not issued in Onyebuchi’s case.
The judge declared the demolition of Onyebuchi’s six shops and basement on Lagos Street, Ogui-Nike, Enugu, to be unlawful and ordered the ECTDA to refrain from interfering with the plaintiff’s building.
The court also directed the agency to pay N30 million in special damages for the destruction of the property, as well as N25 million in general damages for the emotional and financial distress caused to Onyebuchi.
The legal proceedings, which began with a writ of summons filed in July 2015, saw the ECTDA represented by Nkechi Okegbe, the Chief Legal Officer from the Ministry of Justice.
Justice Okpe concluded that Onyebuchi was entitled to compensation and protection from any future interference by the ECTDA in his property.
