ENUGU (Sundiata Post) – Eleven residents and businesses in Enugu State have dragged Governor Peter Mbah to court over his plans to demolish their businesses, properties, and homes that 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 has Messrs. U. Maduka & 11 Ors V. Enugu Capital Territory Development Authority & 6 Ors, reports The PUNCH.
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 an order of perpetual injunction restraining the Enugu State Government and its agencies from tempering howsoever with the rights of the said occupants.
Plaintiffs, through their counsel, formulated three questions for determination and five reliefs for 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 LandsUse 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.
“Declaration that 1st Defendant’s notice of “REMOVE BY ORDER” dated 30th October 2023, and paint markings, “REMOVE IMMEDIATELY” dated 13th November 2023, either issued to the Plaintiffs or embossed on the walls of Plaintiffs’ premises are illegal, incompetent and ultra vires the powers of the 1st to Fourth Defendants.
