Property Demolition: Court Awards N5m Damages against Onitsha South Mayor, others in Favour of Lake Petroleum

. By Praise Chinecherem

A Federal High Court sitting in Awka, Anambra State, presided over by Justice B.M.K Mohammed, has awarded N5 million damages, jointly and severally against Chairman, Onitsha South Local Government Area, Hon. Emeka Orji and other respondents in the fundamental rights enforcement suit filed by Lake Petroleum Limited.

The respondent in the Suit are the Anambra State Government, State Attorney General, Chairman of Onitsha South Council Area and Inspector General of Police.

The case, Suit No. FHC/Awka/CS/75/2024, followed the demolition of shops and buildings owned by Lake Petroleum Limited in Ndende Land, situate along Niger Street, Onitsha South LGA, by Emeka Orji, Chairman of Onitsha South LGA of the State.

During the demolition in 2024 of the over 2,300 buildings and shops, no fewer than 4,000 sand miners and traders who use them as equipment and operations offices and shops for their goods were displaced, while multi million naira worth of equipment and goods were damaged.

Following the demolition, Lake Petroleum Limited secured an Interim Injunction from the Court restraining further actions on Ndende Land, which was not obeyed by the respondents.

The case has since 2024 it started suffered several adjournment due to frequent transfers of over three Judges that handled it and the alleged antics of the respondents and those who applied for joiner in the matter.

However, the Court finally gave its judgement yesterday in favour of the Applicant, Lake Petroleum Limited and awarded damages against the Respondents in the Suit.

Addressing newsmen after the Judgement, Counsel to the Applicant, Charles Arinze, from Centurion Law Practice, G E.Ezeuko, SAN and Co. who spoke on behalf of his principal Jay Jay Ezeuko SAN, described the judgement as a testimony of the bravery of the courts in the face of executive tyranny.

He congratulated his client for patiently waiting for justice to take its course, instead of resorting to self help, just as he applauded team of lawyers involved  for ensuring justice was served.

According to Arinze, “We are in the court today for the matter between our client Lake Petroleum Limited versus Emeka Orji and others.”

“We filed an application for the enforcement of fundamental right on behalf of our client for both moveable and immovable property.

“The court in its judgement agreed with us that our clients fundamental rights, both moveable and immovable property was violated by the respondents who enlisted armed thugs to invade the property of our client.

“The court agreed with us and declared in its judgement that the conduct of the respondents was illegal and unconstitutional and awarded General damages against the respondents for violating our clients fundamental rights.

“The court also made an order of perpetual injunction restraining them from further violation of our clients rights to own property.

“The judgement 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 properties without any justifiable reason.

“We applaud the judgement of the court today and we ask that God Almighty will continue to give our Honorable Justices the wisdom they need to deliver judgements that will uphold the rule of law, Justice and equity.

“The court awarded N5 million damages jointly against the respondents for the violation of our clients fundamental rights to own immovable property.

“We congratulate our client who decided to patiently wait for justice to take its course, instead of resorting to self help, just as we congratulate the team of lawyers of Centurion Law Practice, G E. Ezeuko and Co, led by the learned Senior Advocate Jay Jay Ezeuko, SAN, who fought this case and ensured that justice prevailed.”