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Court Fixes March For Hearing Of Applications Against Enugu State Government Over Planned Demolition Of Several Houses Under Lease

SaharaReporters had reported that the Enugu State Government and Attorney General of Enugu State are sole Plaintiffs while First City Monument Bank & five others are listed as 1-6 Defendants.
The Enugu State High Court has fixed March 24, 2023 for hearing in several applications against the suit filed by the State Government against the Nigeria Railways Corporation and six others seeking to demolish some businesses and residential houses.
In the suit number, E/992/2023, the state government through the Attorney General accused owners of over hundred properties and residential houses it seeks the court order to demolish of noise pollution.

SaharaReporters had reported that the Enugu State Government and Attorney General of Enugu State are sole Plaintiffs while First City Monument Bank & five others are listed as 1-6 Defendants.
Among others, the government is seeking inter alia a declaration that the conduct and activities of the defendants in the construction of buildings, loading of vehicles, banking, trading, buying and selling, causing environmental hazards, pollution and degradation within a distance of 76.20 metres of the centre line on the left-hand side of Chris chemist, okpara avenue -market road on the railway level crossing is illegal and unconstitutional.
The Government through the Attorney General of Enugu State also, sought and obtained an interim injunction on 23/11/2023 against the affected occupants, after it concealed the facts of the matter before the presiding judge, Justice C.O. Ajah.
When the case came up on Monday, Justice Ajah after so many applications were filed against the government suit, some applications were for joinder with counter claim applications.
In view of so many applications from the affected residents and owners of the properties the government sought for their property’s demolition, Justice Ajah fixed March 24, 2023 for hearing on all various applications.
SaharaReporters had also reported that 11 Residents and Businesses in Enugu State have dragged Governor Peter Mbah to court over his plans to demolish their businesses, properties, and homes which were leased to them by the Nigerian Railway Corporation, a federal entity.

The Suit marked No/FHC/EN/CS/168/2023 filed at the Federal High Court have Messrs U. Maduka & 11 Ors V. Enugu Capital Territory Development Authority & 6 Ors.

The plaintiffs in the suit which commenced by way of Originating Summons sought among others the interpretation of Sections 5(3) b), 1, and 49 of the Land Use Act regarding the rights of the State Government over Federal lands in a State and for an order of perpetual injunction restraining Enugu State Government and its agencies from tempering howsoever with rights of the said occupants.

Plaintiffs through their counsel formulated three questions for determination and five reliefs in answering the questions in the negative.

“Upon favourable 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 Lands Use 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.”

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