Demolition: Microfinance Bank Moves To Sue Enugu State Govt

Posted by Ignatius Okpara Featured, Latest Headlines, News Across Nigeria Wednesday, June 5th, 2024

…To Seek Seek N100 Billion Naira Compensation

(AFRICAN EXAMINER) – Irked by the recent demolition of her structures and properties valued several Billions at its Corporate headquarters in Enugu by the governor Peter Mbah led government despite a Court Order, Ohha Microfinance bank, has begun move to drag the state to Court over the action, and to claim 100 billion naira compensation. (N100,000 000 000 : 00K) against the proposed defendant

To this end, the bank, on Wednesday through it’s Counsel, Barrister Olu Omotayo, served the state government a pre Action notice.

The notice addressed to Secretary to the state government SSG, Professor Chidiebere Onyia read this: “We write to you on behalf of Ohha Microfinance Bank Limited formerly of No.1, Ogui Road, Enugu whom we shall hereafter refer to as our client. We have its instructions and authority to issue this Pre Action Notice.

“This is to inform you that the Ohha Microfinance Bank Limited was formerly carrying on its’ business of banking at its’ corporate headquarters at No.1, Ogui Road, Enugu, as at the 13th May 2024, before the officials and agents of the Enugu state government led by the Commissioner for Transport Enugu State came to its’ office on 13th May 2024, and gave it 72 hours Notice to vacate its’ over 35 years legal occupation of its corporate headquarters.

” OSISATECH Polytechnic the holder of the Main Lease who granted Sublease to Ohha Microfinance Bank had in order to prevent the illegal demolition of our clients’ properties and other properties on the demised premises approached the Federal Court Enugu, in suit No.FHC/EN/CS/78/2024, and got a restraining Order against the Enugu State government not to destroy any properties on the land in question;

According to the bank “The said Order of Court granted on the 14th May 2024, is attached herewith.

“The state government and its officials on the 15th day of May 2024, in defiance to the court order, moved heavy duty bulldozers and caterpillars onto the property and demolished the headquarters of our client, including movable properties like internet providing equipments and other items.

“Till date the “Bank Safe” which worth millions of Naira could not be recovered from the rubbles or may have been cannibalized by the either the agents of the government and scavengers

“This letter is therefore important in compliance with the Pre Action Notice requirement before instituting action against the state government and its officials.

“Be informed also that we intend to take appropriate legal action on behalf of our client as soon as the period of three months stipulated by the Law expires.

“TAKE NOTICE that the Proposed Defendants are: 1) Government of Enugu State,

2) Attorney General of Enugu State.

3) Ministry of Transport, adding that the Proposed Plaintiff will seek these Reliefs in the proposed suit.

“A Declaration that the unlawful destruction of the Proposed Plaintiffs’ properties by the proposed defendants is illegal and unconstitutional.

“A Declaration that the act of the Proposed Defendants in giving the Proposed Plaintiff, 72 hours notice to vacate its’ Corporate Headquarters at No.1, Ogui Road, Enugu, on the 22nd day of May 2024, and the subsequent destruction of the Proposed Plaintiff Corporate Headquarters and its’ movable properties including the “Banks Safe” which worth several millions of Naira on the 15th May 2024, constitutes a grave violation of the right of the Proposed Plaintiff to own movable and immovable properties guaranteed under Sections 43 & 44(1) of the Constitution of the Federal Republic of Nigeria, 1999(as amended)

That the action also violates Articles 22 and 23, of the African Charter on Human & Peoples Rights, (Ratification and Enforcement Act) Cap. A9 Laws of the Federation of Nigeria, 2004 and is therefore illegal, unconstitutional, null and void.

The plaintiff the notice revealed would equally be seeking N100,000 000 000: 00k (One hundred Billion naira) compensation against the Proposed Defendants for unlawful demolition of the Proposed Plaintiffs’ properties.