Eleven Enugu State residents and businesses have dragged Governor Peter Mbah to court over his plans to demolish businesses, houses, and residences leased to them by the Nigerian Railway Corporation, a federal institution.
Messrs. U. Maduka & 11 Ors V. Enugu Capital Territory Development Authority & 6 Ors filed a claim at the Federal High Court with the case number No/FHC/EN/CS/168/2023.
The plaintiffs in the suit, which began with an Originating Summons, sought, among other things, an interpretation of Sections 5(3) b), 1, and 49 of the Land Use Act regarding the state government’s rights over federal lands in a state, as well as a perpetual injunction prohibiting the Enugu State Government and its agencies from interfering in any way with the rights of the said occupants.
Plaintiffs’ counsel formulated three questions for determination and five reliefs in the event that the questions were answered 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.