Court Fines Enugu Capital Territory Development Authority, ECTDA, For Illegal Demolition, Orders N55 Million Naira Compensation to Victim

 

The Enugu State High Court has delivered a landmark judgment directing the Enugu Capital Territory Development Authority (ECTDA) to compensate Onyebuchi Chinedu with N55 million for the unwarranted demolition of his six shops located on Lagos Street, Onu Asata, in Enugu North Local Government Area.  

The case, which began on July 24, 2015, concluded with Justice Kenneth Okpe ruling that the actions of the ECTDA were arbitrary and lacked due process. He declared the demolition illegal, unconstitutional, and unwarranted, citing the absence of proper notice to the plaintiff.  

In his judgment, Justice Okpe stated: “The demolition of the plaintiff’s building made up of six shops and the basement at Onu Asata Ihuewuzi (Lagos Street) Ogui-Nike, Enugu by the defendant is unlawful. The plaintiff, having obtained approval of his development plan from the defendant, is entitled to construct the approved structure without interference.”  

The court granted a perpetual injunction restraining the ECTDA and its agents from harassing or disturbing Mr. Chinedu or hindering further construction at the site. Additionally, Justice Okpe ordered the agency to pay N30 million as special damages, which covered the cost of replacing the demolished shops and basement, refunding tenants for advance rent, and compensating for tools, building materials, and other valuables lost during the demolition. An additional N25 million was awarded as general damages.  

Reacting to the judgment, Mr. Chinedu’s counsel, Christian Odoh, expressed satisfaction. He explained that the lawsuit became necessary after the ECTDA demolished the property despite having previously approved the development plan. “It was surprising that the same agency demolished the building on the grounds that my client did not obtain approval. I am happy that all the reliefs we sought were granted,” he remarked.  

Mr. Chinedu, reflecting on the outcome, described the ten-year legal journey as emotionally taxing but ultimately rewarding. “I feel so excited that I lack words to express my feelings. This is about ten years of legal battle, so I give God all the glory. Some of my friends advised me to abandon the case, but this judgment reaffirms that the courts remain the last hope of the common man,” he said.