A High Court in Abuja has awarded damages of N5, 000, 000. 00
against Abuja Environmental Protection Board over demolition and
destruction of movable properties of the Starlight Golden Ventures
Ltd by the officers of AEPB.
Starlight Golden Ventures Ltd, in its suit marked
FCT/HC/CV/476/2018, stated that officials of the AEPB invaded its
business premises located at Wuse Zone 3 and demolished the
structures.
The plaintiff in his Originating Summons sighted by
TheNigerialawyer (TNL) said that the Defendant also destroyed and
carried away moveable properties belonging to Starlight Golden
Ventures Ltd.
He also said the Defendant carried out the demolition and
destruction on the said property on a regular basis.
The plaintiff further alleged that these acts of the Defendant
have been disrupting his business and have led to huge damages and
losses in earnings. Unless the Defendant is restrained, it will
kill his business.
Delivering judgment on Thursday, Justice Jude Okeke, upheld the
plaintiff’s claims and held that there is no provision under the
AEPB Act which gives the Defendant the power or authority to
demolish structures and moveable properties on land within the
F.C.T.
“The demolition in the circumstances is wrongful and ought to be
sanctioned by this court.
“A calm reading of the various other sections of the Act shows
they provide for, as a penalty for any infraction of the Act by any
person and upon conviction by a magistrate or high court, the
payment of prescribed fines and/or terms of imprisonment.
“In none of the sections was the Board conferred with the power
to demolish a structure or property on land in F.C.T. None of the
sections provides as punishment demolition of any structure in the
event of a violation of a provision of the Act.
“Defendant has no power to determine the legality or destroy
structures and moveable properties on land in the performance of
its duties in F.C.T.
“It is declared that the demolition of the Claimants structures
on its properties situate at Zone 3 Wuse Abuja by the Defendant is
unlawful, illegal, and wrongful.
“For this reason, it is declared that the claimant is entitled
to an award of damages against the Defendant.
Justice Okeke further ordered the Defendant to release forthwith
all the Plaintiff’s properties seized by it, when it wrongfully
destroyed its structures/properties on 3rd December 2018.
He also granted an order of perpetual injunction restraining the
Defendant its agents, servants, and or privies from further
demolishing the Plaintiff’s structures and or properties on its
property lying and being at Transit Way Wuse Zone 3 Abuja.
“In light of the foregoing, the Defendant is ordered to pay
damages to the Claimant assessed and fixed at N5, 000, 000. 00. It
is so ordered.
“The Claimant having succeeded in this action shall be paid cost
assessed and fixed at N100, 000. 00 by the Defendant,” the court
held.
A High Court in Abuja has awarded damages of N5, 000, 000. 00
against Abuja Environmental Protection Board over demolition and
destruction of movable properties of the Starlight Golden Ventures
Ltd by the officers of AEPB.
Starlight Golden Ventures Ltd, in its suit marked
FCT/HC/CV/476/2018, stated that officials of the AEPB invaded its
business premises located at Wuse Zone 3 and demolished the
structures.
The plaintiff in his Originating Summons sighted by
TheNigerialawyer (TNL) said that the Defendant also destroyed and
carried away moveable properties belonging to Starlight Golden
Ventures Ltd.
He also said the Defendant carried out the demolition and
destruction on the said property on a regular basis.
The plaintiff further alleged that these acts of the Defendant
have been disrupting his business and have led to huge damages and
losses in earnings. Unless the Defendant is restrained, it will
kill his business.
Delivering judgment on Thursday, Justice Jude Okeke, upheld the
plaintiff’s claims and held that there is no provision under the
AEPB Act which gives the Defendant the power or authority to
demolish structures and moveable properties on land within the
F.C.T.
“The demolition in the circumstances is wrongful and ought to be
sanctioned by this court.
“A calm reading of the various other sections of the Act shows
they provide for, as a penalty for any infraction of the Act by any
person and upon conviction by a magistrate or high court, the
payment of prescribed fines and/or terms of imprisonment.
“In none of the sections was the Board conferred with the power
to demolish a structure or property on land in F.C.T. None of the
sections provides as punishment demolition of any structure in the
event of a violation of a provision of the Act.
“Defendant has no power to determine the legality or destroy
structures and moveable properties on land in the performance of
its duties in F.C.T.
“It is declared that the demolition of the Claimants structures
on its properties situate at Zone 3 Wuse Abuja by the Defendant is
unlawful, illegal, and wrongful.
“For this reason, it is declared that the claimant is entitled
to an award of damages against the Defendant.
Justice Okeke further ordered the Defendant to release forthwith
all the Plaintiff’s properties seized by it, when it wrongfully
destroyed its structures/properties on 3rd December 2018.
He also granted an order of perpetual injunction restraining the
Defendant its agents, servants, and or privies from further
demolishing the Plaintiff’s structures and or properties on its
property lying and being at Transit Way Wuse Zone 3 Abuja.
“In light of the foregoing, the Defendant is ordered to pay
damages to the Claimant assessed and fixed at N5, 000, 000. 00. It
is so ordered.
“The Claimant having succeeded in this action shall be paid cost
assessed and fixed at N100, 000. 00 by the Defendant,” the court
held.