The Enugu State High Court has imposed a ₦55 million fine on the Enugu Capital Territory Development Authority (ECTDA) for unlawfully demolishing Chinedu Onyebuchi’s property.
Delivering the judgment in suit No. E/124/2015, Justice Kenneth Okpe described the ECTDA’s actions as “unlawful, illegal, unconstitutional, and unwarranted.”
The plaintiff, represented by Senior Advocate of Nigeria (SAN) P.A. Afuba, initially sought ₦80 million in damages. The court awarded ₦30 million as special damages for expenses such as tenant refunds, rebuilding costs, and lost tools. Additionally, ₦25 million was granted as general damages for the emotional and financial distress caused by the demolition.
Court’s Verdict
Justice Okpe dismissed ECTDA’s reliance on Section 13(4) of the Enugu Capital Territory Development Authority Law, 2014, which pertains to unapproved structures. He confirmed that Onyebuchi’s building had valid approval from the authority. “The section cited by the defense is relevant only to unapproved structures, and therefore, it does not apply to this case,” Okpe clarified. The court noted that the agency failed to serve a written notice before proceeding with the demolition, violating Section 15(1)(b) of the ECTDA Law. The demolished property, located at Lagos Street, Ogui-Nike, Enugu, comprised six shops and a basement.Orders Issued
The court issued several directives, including:- Perpetual Injunction: Restraining the ECTDA from interfering with the plaintiff’s property or construction activities.
- Special Damages: Payment of ₦30 million for the costs associated with rebuilding, rent refunds, and other losses.
- General Damages: Payment of ₦25 million for emotional and financial distress.