The Enugu State High Court has awarded N55 million in favour of Mr. Chinedu Aloysius Onyebuchi, against the Enugu Capital Territory Development Authority (ECTDA) for illegally demolishing his house in the state capital.
The court’s decision, made by Hon. Justice Kenneth Ikechukwu Okpe, on Wednesday while ruling in Suit No: E/124/2015, between Arc. Chinedu Aloysius Onyebuchi and Enugu Capital Territory Development Authority, found that Onyebuchi satisfactorily proved special damages and declared the demolition “unlawful, illegal, unconstitutional, and unwarranted”.
This ruling highlights the importance of upholding property rights and ensuring government agencies act within the law. Interestingly, the Enugu State government has previously clarified its stance on demolition, stating it only targets illegal and uncompleted structures.
The plaintiff (Onyebuchi) through his Counsel, P. A. Afuba Esq. SAN, had challenged the illegal demolition of his six shops which had been duly completed and rented out. He therefore sought among others N80 million in damages against the Defendant.
But in its judgement, the Court held that the defendant woefully failed to justify the demolition of the six shops of the plaintiff. “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”.
“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 declared 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 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 23rd July, 2015 and filed on 24th July, 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.
Chief Legal Officer, Ministry of Justice, Mrs. Nkechi Okegbe, represented the Defendant.
