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. Delivering judgment in suit No. E/124/2015 on Wednesday, Justice Kenneth Okpe declared the agency’s actions “unlawful, illegal, unconstitutional, and unwarranted.”
The plaintiff, represented by Senior Advocate of Nigeria P.A. Afuba, sought N80 million in damages after the ECTDA demolished his six shops in 2014. Onyebuchi, an architect, filed the lawsuit in July 2015, claiming that he had obtained the necessary approvals for the development of the property. He sought declarations affirming his right to build on the approved site, an injunction against further interference, and compensation for the demolition.
In the ruling, Justice Okpe found that the ECTDA acted arbitrarily by failing to serve a written notice of removal before demolishing the shops. “The defendant acted abysmally in demolishing the plaintiff’s property without evidence of serving the appropriate notice,” the judge stated.
The court awarded N30 million as special damages to cover expenses such as rebuilding costs, refunded rent to tenants, and other losses. An additional N25 million was granted as general damages for the emotional and financial distress caused by the demolition.
Justice Okpe emphasized that Section 13(4) of the Enugu Capital Territory Development Authority Law, cited by the ECTDA’s defense counsel, was misapplied. He explained that the law pertains only to unapproved structures, whereas Onyebuchi’s building had valid approval.
In addition to the financial compensation, the court issued a perpetual injunction restraining the ECTDA and its agents from interfering with Onyebuchi’s property. The judge further declared that the plaintiff had the right to develop his property without hindrance, given the agency’s prior approval.
Reacting to the verdict, Onyebuchi’s lawyer, Christian Odoh, described the judgment as a victory for justice. “We sought redress because the same agency that approved the building later demolished it, claiming there was no approval. This ruling vindicates our client,” Odoh said.
Onyebuchi expressed gratitude for the court’s decision, highlighting the decade-long legal battle. “This shows that the courts remain the last hope of the common man,” he said.
At the time of filing this report, it was unclear whether the ECTDA would appeal the judgment. The Chief Legal Officer of the Ministry of Justice, Nkechi Okegbe, represented the ECTDA during the trial.
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