Planned Demolition: 2 Organizations Drag Enugu Govt. To Court, Seek N50 Billion Damage

(AFRICAN EXAMINER) – Two private organizations, Law Hub Development and Advocacy Centre, Abuja and the Ositadinma Okoro Empowerment foundation on Friday, jointly instituted a fundamental rights action against the Enugu State government over the planned invasion and unlawful demolition of shops of over 10,000 traders at the Gorge Market in Nsukka.

The Suit: Registered Trustees of Law Hub development and Advocacy Center & ANOR Versus Governor Of Enugu State and Attorney General Of Enugu State with SUIT NO. N/73/2024, has REGISTERED TRUSTEES OF OSITADINMA OKORO EMPOWERMENT FOUNDATION, as the 2nd Applicant.

The Applicants prayed the Court for the following Reliefs:

A Declaration that the act of the Respondents in giving traders of Ogige Market Nsukka, 72 hours notice to vacate their properties and shops at the Ogige Market Nsukka, on the 22nd day of May 2024, and the purported plan to use force to remove the traders forcefully and throw them out of their shops and properties they built on the said market land, constitutes a flagrant violation of traders fundamental rights.

That the planned action equally violated their rights to own movable and immovable properties guaranteed under Sections 43 & 44(1) of the Constitution of the Federal Republic of Nigeria, 1999(as amended) and 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.

“AN ORDER OF PERPETUAL INJUNCTION restraining the Respondents, whether by themselves, their agents, privies or otherwise howsoever from further harassing, intimidating, trailing, scaring away the traders of Ogige Market Nsukka, from their shops, and properties, arresting or detaining them upon the same facts constituting the complaints enumerated in this application or in any other manner infringing on the applicants’ fundamental rights.

They also seek N50 Billion Naira being exemplary, punitive, aggravated, special and general damages against the Respondents, for their infringement of traders of Ogige market Nsukka, constitutional and fundamental rights.

Parts of the facts stated in the Affidavit in support of the suit filed on behalf of the Applicants, by a human rights Lawyer, Olu Omotayo, stated among other things:

That the over 10,000 traders in the market have invested over Ten (10) Billion Naira in the market since the inception of the market over 50 years ago.

“On 22nd May 2024, agents of the Respondents came to the market and gave the traders 72 hours to vacate the market.

“In a reminisces of the military era the agents of Enugu state government wrote on walls in the market the Notice that they should vacate the market within 72, hours vacate and relocate from the market.

“The picture of the such Notices written on wall of shops in the market are jointly exhibited as “Exhibit A”

Omotayo added that “the properties of the traders are still locked up in their shops in the market, adding that the traders of the Market have been trading peacefully in the market for over 50years, before the respondents just woke up and gave them 72 hours, notice to vacate the market. That if the respondents are not urgently restrained they will demolish the traders’ shops and properties.

“In the suit the Applicants’ lawyer Omotayo leading two other lawyers J.E. Akubue Esq. and Desmond Kakaan Esq. urged the Honorable Court to determine some issues most importantly among which are.

“Whether the act of the Respondents in giving traders of Ogige Market Nsukka, 72 hours notice to vacate their properties and shops at Ogige Market Nsukka, on the 22nd day of May 2024, and the purported plan to use force to remove the traders forcefully and throw them out of their shops and properties they built on the market land, does not constitute a flagrant violation of traders fundamental rights to privacy and their homes guaranteed under Sections 43 & 44(1) of the Constitution of the Federal Republic of Nigeria, 1999(as amended) and 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

They finally urged the Honorable to restrain the state government and award N50 Billion damages to the traders of Ogige Market.