Eleven residents and businesses in Enugu State have taken Governor Peter Mbah to court over his proposed demolition of their properties, homes, and leasing businesses, which were originally leased to them by the Nigerian Railway Corporation, a federal entity.
The case, filed at the Federal High Court under the suit No/FHC/EN/CS/168/2023 titled Messrs. U. Maduka & 11 Ors V. Enugu Capital Territory Development Authority & 6 Ors, has begun through Originating Summons.
In their suit, the plaintiffs seek clarification on Sections 5(3) b), 1, and 49 of the Land Use Act concerning the jurisdiction of the state government over federal lands within the state. They also request a perpetual injunction preventing the Enugu State Government and its agencies from interfering in any manner with the rights of these occupants.
Through their legal representative, the plaintiffs have formulated three questions for the court’s determination and have sought five reliefs, aiming to counter the questions presented.
“Upon favorable answers to the questions posed, the Plaintiffs seek the following reliefs against the Defendants, jointly and severally, to wit:
“Declaration that in the wise of the combined provisions of Section 5(3) (b) of the Constitution of Federal Republic of Nigeria, 1999 (as amended) and Sections 1 and 49 of LandsUse Act, Cap L 15, Laws of Federation of Nigeria, 2004, that 1st to 4 Defendants have neither vires nor powers to order the Plaintiffs to remove their buildings or erections situated along Market Road, and Okpara Avenue, Enugu.
“Declaration that 1st Defendant’s notice of “REMOVE BY ORDER” dated 30th October 2023, and paint markings, “REMOVE IMMEDIATELY” dated 13th November 2023, either issued to the Plaintiffs or embossed on the walls of Plaintiffs’ premises are illegal, incompetent and ultra vires the powers of the 1st to Fourth Defendants.
“Perpetual Injunction restraining the 1st – 4th Defendants, their servants, workmen, agents or privies from howsoever causing or carrying into effect the notice of “REMOVE BY ORDER” and “REMOVE IMMEDIATELY or impeding Plaintiffs’ ingress or egress on their premises situate along Market Road, and Okpara Avenue, Enugu or effecting the demolition of Plaintiffs’ buildings or erections situate along Market Road, and Okpara Avenue, Enugu.
“ONE HUNDRED MILLION NAIRA (N100,000,000.00) payable by 1st & 2nd Defendants being exemplary and general damages for arbitrary, reckless and unconstitutional issuance of notice to “REMOVE BY ORDER” dated 30th October 2023, issued to the Plaintiffs, and paint markings, “REMOVE IMMEDIATELY” dated 13th November 2023, on the walls of the Plaintiffs premises situate along Market Road, and Okpara Avenue, Enugu.”
Addressing journalists on Monday, Bona Ononugbo, one of the counsels representing some plaintiffs, expressed concern over what he deemed as the government’s misuse of its authority.
According to Ononugbo, while their legal action against the government was initiated on November 16, 2023, the state government, in what he characterized as a clear abuse of legal process, initiated another lawsuit on November 20, 2023, at the State High Court against the Nigeria Railways Corporation and six other affected occupants under Suit No. E/992/2023. Some of these occupants were labeled as unidentified individuals.
According to a court document shared with journalists, the Enugu State Government and the Attorney General of Enugu State are the sole plaintiffs, with First City Monument Bank and five others listed as defendants 1 to 6.
Among other demands, the government seeks a declaration that the activities of the defendants within a specific area are illegal and unconstitutional, citing concerns about construction, vehicle loading, banking, trading, environmental hazards, pollution, and degradation near the railway level crossing.
Further, the government, represented by the Attorney General of Enugu State, secured an interim injunction on November 23, 2023, against the affected occupants, allegedly by withholding key details from the presiding judge, Justice C.O. Ajah.
Lamenting the abuse of court by the state government, Ononugbo said, “On receipt of the processes filed by the government, it was discovered that the Enugu government failed to disclose to the court the facts concerning the properties sought to be acquired.
“There was nowhere in the said processes filed where the government mentioned that the land which the defendants occupy belongs to the Federal Government. In the said processes filed, the government alleged environmental pollution and degradation against the occupants of the railway properties; the government failed to mention the proposed bus terminal project,” Bona Ononugbo, counsel to some of the affected occupants, told journalists during a press conference.
“It is now obvious that the government of Enugu has sinister motives and lacks honesty and transparency. The purported bus terminal project is a land-grabbing scheme of the present administration. This project is masqueraded as a public interest project when in reality it is not, but a ploy to dispossess people’s property, like in the case of New Market for the same project under the former Governor Sullivan Chime, which Ugwuanyi administration came and shared among political cronies at the expense of the poor masses.”
