The Enugu State High Court has mandated the Enugu Capital Territory Development Authority (ECTDA) to compensate an architect, Chinedu Onyebuchi, with N55 million for the unlawful demolition of his six shops in Enugu State.
The ruling, delivered by Justice Kenneth Okpe on Wednesday, follows a nearly decade-long legal battle initiated by Mr. Onyebuchi in July 2015.
Mr. Onyebuchi approached the court after the ECTDA demolished his shops in 2014, despite his claims of possessing approved development plans issued by the agency.
In his prayers, Mr. Onyebuchi sought a declaration that the demolition was unlawful and an injunction to prevent further harassment or interference.
He also demanded N30 million in special damages and N50 million in general damages.
Delivering judgment, Justice Okpe ruled that the demolition was “unlawful, illegal, and unconstitutional.”
The judge declared, “The defendant acted arbitrarily and very abysmally in demolishing the shops of the plaintiff without evidence of service of appropriate notice on him.”
The court awarded the plaintiff N30 million in special damages for the demolished shops and basement, and an additional N25 million in general damages. Justice Okpe also granted an order of perpetual injunction restraining the agency and its agents from harassing or disturbing the plaintiff regarding the property.
Reacting to the judgment, Mr. Onyebuchi expressed immense relief.
“This is about ten years of legal battle, so I give God all the glory. The court has proven to be the last hope of the common man,” he said.
His lawyer, Christian Odoh, described the ruling as a triumph for justice.
“It is shocking that the same agency which issued the approvals turned around to demolish the building. I’m glad all our reliefs were granted,” Mr. Odoh stated.
As of the time of this report, it remains uncertain if the ECTDA plans to appeal the judgment.
