Rights Group Threatens Court Action Against Enugu Govt. Over Unlawful Demolition Of Trader’s Shop

Posted by African Examiner Latest Headlines, News Across Nigeria, News From The State Wednesday, April 6th, 2022

….. Seek 100 Million Compensation

(AFRICAN EXAMINER) – A human rights organization, Civil Rights Realization and Advancement Network, (CRRAN), has threatened a court action against the Enugu State government as it filed a pre Action notice over alleged unlawful demolition of shops belonging to one Alhaji Aminu Sani Na Dada at the new Artisan Goat market Enugu, without compensation.

The group among other reliefs in the proposed suit which has the Enugu state government and the Attorney General of the state as Defendants, will be seeking one hundred million naira compensation for the plaintiff.

President of CRRAN, Barrister Olu Omotayo in the pre Action notice filed at the state High Court, said the Organization will have no option than to drag the state government to court if it fails to do the needful after the expiration of the three months period as stipulated by law for a pre Action notice against a state government.

It said “we are acting on behalf of Alhaji Aminu Sani Na Dada, a trader and shop owner at the recently demolished Goat Market Enugu (New Artisan),whom we shall hereafter refers to as our client. We have his instructions and authority to issue this Pre Action Notice.

“This to inform you that Alhaji Aminu Sani Na Dada who used his hard earned life savings to get allocations and built 6, shops at the Goat market since the inception of the market over fifteen years ago, had his shops demolished and all his investment gone down the drain.

“Our client did not receive any compensation from government till date and to worsen the situation the state government transferred the entire market to a private individual who constructed a massive gateat the entrance of the demolished market and marked it with bold inscription ”NWANJANJAS ESTATE”.

It would be recalled that the present site of the Goat Market was gazetted in 2006 as “Goat Market” and was allocated to the traders mainly of Northern Nigeria extraction by Governor Chimaroke Nnamani, who after revocation of some title to lands of some individuals which includes Igwe Nwanjanjas’ joined those land with the government land and acquired them all for market purposes.

” Governor Chimaroke paid the former owners adequate compensation hence there was no court action up till date that challenged the acquisition.

“Even the Late Igwe Nwanjanja during his lifetime never go to Court to challenge the revocation of his
Certificate of Occupancy by government of Governor Chimaroke Nnamani.

“This letter is therefore important in compliance with 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, and The Plaintiff will seek these Reliefs in the proposed suit.

A Declaration that the decision of Hon. Justice I.A. Umezulike (OFR), of Enugu State High Court, Enugu, delivered on the 9th day of October 2005, at the Enugu State High Court Enugu, in a landlord and Tenant matter in SUIT No. E/539/05, Citigas and Mineral Resources C Limited V. ALHAJI Sani Mohammed and others in respect of a small portion of land down the Goat Market DID NOT revoke the State government acquisition of the entire area vide Enugu State Notice No.1, Land use Act No.6 of 1978, Notice For Public Land Acquisition

(Acquisition Notice).

“A Declaration that the action of former-Governor Dr. Chimaroke Nnamani, through the local Government Chairman Enugu North Local Government, in exercising the powers conferred on him under Section 28 of the Land Use Act of 1978, which acquired the new site for Goat Market and published in the Enugu State Official

Gazette of 6th April 2006 Vol.15, and known as Enugu State Notice No.1, Land use Act No.6 of 1978, Notice For Public Land Acquisition (Acquisition Notice) remains valid and is an existing law establishing and governing the area.

It will also seek a Declaration that it is illegal and unconstitutional for the state government to take over property of Enugu state government and Enugu State people and unilaterally handed same to private persons.

The organization we equally sought a Declaration that by virtue of Enugu State Notice No.1, Land use

Act No.6 of 1978, Notice For Public Land Acquisition (Acquisition Notice) published in the Enugu State Official Gazette of 6th April 2006 Vol.15, the Goat Market becomes a creation of the law and the entire area/land acquired and was designated for market purposes only. Copy of the said official Gazette is attached to this Pre Action
Notice.

It will also be asking for N100,000 000 : 00K(One hundred million naira) compensation against the Proposed Defendants for unlawful demolition of the Proposed Plaintiffs’ shops.