Court awards N5m damages against Anambra LG boss over demolitions
Summarized and contextualized by DistantNews.
TLDR
- A Federal High Court in Awka has awarded N5 million in damages against the Chairman of Onitsha South Local Government Area, Emeka Orji, and others.
- The judgment stems from a fundamental rights enforcement suit filed by Lake Petroleum Limited over the demolition of over 2,300 buildings and shops.
- The court declared the demolition illegal and unconstitutional, ordering perpetual injunction against further violations of property rights.
In a significant victory for property rights, a Federal High Court in Awka has delivered a landmark judgment, awarding N5 million in damages against the Chairman of Onitsha South Local Government Area, Emeka Orji, and other respondents. This ruling is a direct consequence of the unlawful demolition of over 2,300 buildings and shops belonging to Lake Petroleum Limited, an act that displaced approximately 4,000 traders and sand miners.
Today we are in the court for the matter between our client Lake Petroleum Limited versus Emeka Orji and others.โ
The court, presided over by Justice B.M.K. Mohammed, found the actions of the respondents, including the Anambra State Government and the state Attorney General, to be illegal and unconstitutional. The demolition, which occurred in 2024 despite an existing court injunction, saw the destruction of valuable equipment and goods, causing immense economic hardship to those affected.
We filed an application for the enforcement of fundamental rights on behalf of our client for both moveable and immovable property, and today the court in its judgment agreed with us that our clientโs fundamental rights, both moveable and immovable property, were violated by the respondents who enlisted armed thugs to invade the property of our client.
Lake Petroleum Limited's counsel, Charles Arinze, hailed the judgment as a testament to the judiciary's resilience against "executive tyranny." He emphasized that the court's decision not only compensates his client but also serves as a powerful deterrent against future abuses of power. The ruling reinforces the fundamental right to own property, a principle often challenged by arbitrary government actions.
So the court agreed with us and declared in its judgment that the conduct of the respondents was illegal and unconstitutional, and awarded general damages against the respondents for violating our clients fundamental rights and also made an order of perpetual injunction restraining them from further violation of our clients rights to own property.
This case highlights a recurring issue in our region where executive power is sometimes wielded without due regard for legal processes or citizens' rights. The court's firm stance in this matter is a crucial affirmation of the rule of law and the protection it offers against such overreach. The judgment is a clear message that even powerful government functionaries are accountable under the law, and that the judiciary remains a bulwark for justice.
So the judgment is a testament of the bravery of the courts in the face of executive tyranny if I may use that word, because what happens now is a situation where government and its Ministries and functionaries violate the rights of citizens, particularly the right to own immovable prope
Originally published by The Punch. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.