Business Owners Take Action Against Mbah Over Property Demolition

A group of eleven residents and business owners in Enugu State have filed a lawsuit against Governor Peter Mbah in response to his proposed demolition of their leased properties and homes, which are owned by the Nigerian Railway Corporation, a federal entity.

The suit, identified as No/FHC/EN/CS/168/2023, was brought before the Federal High Court with the case entitled Messrs. U. Maduka & 11 Ors V. Enugu Capital Territory Development Authority & 6 Ors.

The plaintiffs are seeking several forms of relief and an interpretation of Sections 5(3) b), 1, and 49 of the Land Use Act pertaining to the rights of the state government over federal lands in a state. They also aim to obtain an order of perpetual injunction restraining the Enugu State Government and its agencies from interfering with the rights of the said occupants.

Through their legal representative, the plaintiffs formulated three questions for determination and five reliefs against the defendants, jointly and severally.

Moreover, the plaintiffs are seeking various declarations and an order of perpetual injunction against the defendants, along with a compensation of ONE HUNDRED MILLION NAIRA (N100,000,000.00) for arbitrary and unconstitutional actions taken by the first and second defendants.

Meanwhile, during a media briefing, one of the counsel for the plaintiffs, Bona Ononugbo, criticized the government’s misuse of its powers. He highlighted that while their action against the government was initiated on November 16, 2023, the state government, in disregard of judicial process, filed another action on November 20, 2023, at the State High Court against Nigeria Railways Corporation and six other affected occupants.

A court document revealed that the Enugu State Government, represented by the Attorney General of Enugu State, is the sole plaintiff, and First City Monument Bank and five others are listed as the 1-6 defendants. Among other things, the government is seeking a declaration regarding the activities of the defendants near a specific location.

Furthermore, the government obtained an interim injunction against the affected occupants after allegedly concealing facts before the presiding judge, Justice C.O. Ajah.

Expressing concern over the government’s actions, Ononugbo stated, “The Enugu government failed to disclose to the court the facts concerning the properties sought to be acquired and concealed the proposed bus terminal project in its processes. The government’s actions lack honesty and transparency, and display sinister motives with the purported bus terminal project serving as a scheme to dispossess people’s property.”