Court Orders Enugu Development Agency To Pay N55 Million For Illegal Demolition

Mr. Onyebuchi had filed a lawsuit against the development agency on 24 July 2015, approximately one year after the agency demolished his shops. In his suit, he sought a declaration that the demolition was unlawful, unconstitutional, and unwarranted, especially since he had obtained approval for the development plan from the agency.

The plaintiff also requested an order of perpetual injunction to restrain the agency and its agents from harassing or disturbing him on the building site. Additionally, he sought N30 million as special damages for the demolition of the shops and basement, and N50 million as general damages.

In his ruling, Justice Okpe held that the development agency acted arbitrarily and abysmally by demolishing the plaintiff’s shops without evidence of serving an appropriate notice. The judge declared the demolition unlawful, illegal, unconstitutional, and unwarranted.

The court upheld the plaintiff’s right to build the approved structure without hindrance or interference from the agency. It also granted an order of perpetual injunction, restraining the agency from harassing or disturbing the plaintiff on his building site.

Furthermore, the court ordered the development agency to pay the plaintiff N30 million as special damages and N25 million as general damages for the demolition of his six-shop building and basement.

Speaking to reporters after the judgment, Mr. Onyebuchi’s lawyer, Christian Odoh, expressed satisfaction with the outcome. He stated that his client sought legal redress after the agency demolished the property in 2014, despite issuing all the necessary approvals for the structure.

Mr. Onyebuchi himself was elated by the judgment, describing it as the culmination of a ten-year legal battle. He thanked God for the outcome and acknowledged the advice of friends who had encouraged him to pursue the case, affirming that the courts remain the last hope of the common man.

It remains unclear whether the Enugu Capital Territory Development Authority intends to appeal the judgment. The agency has yet to issue an official statement regarding the court’s decision.