Enugu Court Awards N55 Million Compensation for Illegal Demolition of Shops
In a landmark judgment, the Enugu State High Court ordered the Enugu Capital Territory Development Authority (ECTDA) to pay N55 million in damages to Chinedu Onyebuchi, an architect, for the illegal demolition of his six shops.
The Case:
- Background: Mr. Onyebuchi filed the lawsuit on July 24, 2015, nearly a year after the ECTDA demolished his shops. He claimed that he had secured approval for the development of the property but was still subjected to the demolition.
- Plaintiff’s Claims: He requested the court to declare the demolition unlawful and sought N30 million as special damages and N50 million for general damages. Additionally, he sought an injunction to prevent further interference by the agency.
Court’s Ruling:
Justice Kenneth Okpe ruled in favor of Mr. Onyebuchi, stating:
- The demolition was unlawful, unconstitutional, and unwarranted.
- The ECTDA had no evidence to show that it served appropriate notice before the demolition.
- The plaintiff, having received approval for his development plan, was entitled to construct the approved structure without interference.
The court awarded:
- N30 million as special damages for the demolished shops and basement.
- N25 million as general damages for the unwarranted action.
- A perpetual injunction restraining the ECTDA from further harassment or interference.
Mr. Onyebuchi expressed gratitude, calling the judgment a victory after a decade-long legal battle. “This shows that the courts remain the last hope of the common man,” he remarked.
Christian Odoh, Mr. Onyebuchi’s lawyer, lauded the judgment, emphasizing the injustice of the ECTDA’s actions, especially given that the necessary approvals had been granted.
As of now, it remains unclear whether the ECTDA will appeal the judgment.
This ruling underscores the judiciary’s role in protecting citizens’ rights and ensuring accountability among government agencies
