Enugu State Government recently marked portions of the Ogige Market for demolition, claiming that it intends to build a motor park in its place.
By Jeffrey Agbo
An Enugu State High Court has restrained the state government and its agents from demolishing property belonging to Ifesinachi Transport Limited located at the Ogige Market, Nsukka.
Justice H. U. Ezugwu gave the ex parte order on Wednesday in a suit instituted by Ifesinachi Transport Company Nigeria Limited and Ifeanyi Mama, representing the family of the late Igwe Ogbonna Mama and which has as respondents the Attorney General of Enugu State, Nsukka Central Town Planning Authority, and the Commissioner of Enugu State Ministry of Transport.
The court, in its pronouncement in the suit, NO. N/30M/20234, granted the order of interim injunction restraining from interfering with the property mentioned in the suit until the motion on notice on the matter had been heard.
The order restrains the “defendants, by themselves, their servants, agents, prives, anybody acting or purporting to act on their behalf, from entering, demolishing or interfering with the plaintiffs properties known as No SIA Enugu Road, Nsukka, Enugu State Plots 5IB & 5IC Enugu Road, Nsukka, Enugu State also known as Ifesinachi Transport Company park, Nsukka pending the hearing and determination of the motion on Notice.”
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The order brought pursuant to Order 3 Rule 4 (A-F) & Order 7 Rule 5 of the High Court Rules of Enugu State 2020 was supported by a 24-paragraph affidavit sworn to by Chidubem Akubue Izundu, counsel to the plaintiffs dated and filed at High Court Registry Nsukka on May 23, 2024.
The court also granted an order for substituted service to the defendants, stating that “all processes in this suit be served on the second and third respondents by registered post sent to the Nsukka Central Town Planning Authority Nsukka Local Government Council Headquarters, Nsukka, Enugu State and Enugu State Ministry of Transport, Independence Layout, Enugu State respectively, until the second and third Respondents furnish the Applicant and the Court with a specific person and addresses to whom and where the second and third Respondents processes in this suit may be delivered; and for said substituted service to be deemed good and proper.”
The matter was adjourned to July 9, 2024 for report of service.
Enugu State Government recently marked portions of the Ogige Market for demolition, claiming that it intends to build a motor park in its place.
This decision triggered widespread condemnation as traders and other close watchers criticised the Enugu State Government for allegedly giving the traders only a 72-hour notice to vacate the market.
The action, brought by Ifesinachi Transport Limited, which has one of its offices in the area marked for demolition is the second action to be brought against the Enugu State Government in Nsukka alone.
A few days ago, a non-governmental organisation known as Law Hub Development and Advocacy Centre, had also instituted an action seeking to compel the government to stop the demolitions.
