By Tony Adibe
A goat trader at the demolished Goat Market otherwise called the New Artisan, Enugu, Alhaji Aminu Sani Nadada has filed a suit against Enugu State Governor, Ifeanyi Ugwuanyi, the Attorney General of the State and Citigas and Mineral Resources Company Limited at the High Court of Enugu State.
Alhaji Aminu Nadada is claiming N134,500 000 :00K compensation or damages. The Statement of claim obtained by NewsBits showed that the plaintiff is claiming the said amount being special, aggravated, punitive and general damages for unlawful takeover of his shops and subsequent demolition of his properties by the defendants.
The Suit Alhaji Sani Nadada Vs. the Governor of Enugu State & 2 Others, with Suit No. E/1139/2022, was filed on behalf of Nadada by Olu Omotayo Esq. President of a rights group, Civil Rights Realisation and Advancement Network (CRRAN).
The goat trader had stated in his Claim before the court that in 2006, Ex-Governor Dr. Chimaroke Nnamani while exercising the powers conferred on him under Section 28 of the Land Use Act of 1978, acquired the new site for Goat Market and it was published in the Enugu State Official Gazette of 6th April 2006 Vol.15, and known as Enugu State Notice No.1, Land use Act No.6 of 1978, Notice For Public Land Acquisition (Acquisition Notice).
According to him, by virtue of this law the Goat Market becomes a creation of the law and the entire area/land acquired and designated for market purposes only. He explained that he was allotted stalls 10 and 10B, 11, 11B, 29, 29B, and also an open space by government acting through the Enugu North local Government Chairman.
Alhaji Nadada said that thereafter, he built 8 lockup shops and 12 toilets on the open space allocation granted him at the cost of N25, 500 000: 00 (Twenty-five million five hundred thousand naira only).
The Plaintiff further recalled that in a reminisces of the military era, the 1st Defendant went to the market on 17th December 2016, after the commercial tricycle operators whose park was situated in front of the Goat Market, had confrontation with some police officers; and closed the market and ordered the traders to within 48 hours vacate as he intends to relocate the market to another place.
The complainant said that while the market was still closed down, the 1st and 2nd defendants suddenly woke up sometimes in April 2021, and said the market land belongs to the 3rd Defendant by virtue of a judgment in respect of Landlord and Tenant matter delivered by Honorable Justice I.A. Umezulike on 9thOctober 2007, between Citigas And Mineral Resources Co. Limited V. Alhaji Sani Mohammed And Others Suit No: E/539/05.
Alhaji Nadada further stated that the Acquisition made by the Government vide Official Gazette of 6th April 2006 Vol.15, and known as Enugu State Notice No.1, Land use Act No.6 of 1978, Notice For Public Land Acquisition (Acquisition Notice), has not been voided and still subsist but the defendants went ahead and destroyed his shops and properties alongside that of other traders sometimes in June 2021.
He argued that the 1st and 2nd defendants can only acquire peoples’ properties for public interest and not to hand over such properties to the 3rd defendant, a private individual.
According to Alhaji Nadada, neither the Ogui people who own the vast portion of the market land nor Citigas and Mineral Resources Limited (Nwanjanja Family) who owns a fraction of the land, challenged the revocation of titles of owners of the land by the then Governor Chimaroke Nnamani, who later named the land as Goat Market and published it in the Enugu State Official Gazette of 6th April 2006 Vol.15, and known as Enugu State Notice No.1, Land use Act No.6 of 1978, Notice For Public Land Acquisition (Acquisition Notice).
However, the plaintiff has prayed the court to order that he is entitled to prompt and adequate compensation for the takeover and destruction of his shops and properties by the defendants, who unlawfully possessed the property.
