The Enugu State High Court ordered the Enugu Capital Territory Development Authority to pay Chinedu Onyebuchi N55 million in damages for the illegal demolition of his property in Enugu.
On Wednesday, Justice Kenneth Okpe found that the ECTDA’s activities were “unlawful, illegal, unconstitutional, and unwarranted” in suit No. E/124/2015.
PUNCH Online acquired a copy of the verdict on Friday. The plaintiff, represented by P.A. Afuba, SAN, was seeking N80 million in damages.
The court ordered N30 million in special damages, which included compensation for two years of rent that Onyebuchi had to refund to renters, as well as reconstruction costs and losses.
An additional N25 million was granted as general damages for the emotional and financial distress caused by the demolition.
The court document read, “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.
Justice Okpe highlighted that the ECTDA failed to explain the demolition, adding that the statute referenced by its defense counsel, Section 13(4) of the Enugu Capital Territory Development Authority statute, was misapplied.
The court declared that the defendant’s demolition of the plaintiff’s six-business structure and the basement at Onu Asata Ihuewuzi (Lagos Street) Ogui-Nike, Enugu, was unlawful, illegal, unconstitutional, and unnecessary.
