Court stops Anambra from demolishing property in Onitsha
A Federal High Court sitting in Awka, the Anambra State capital, has issued an injunction restraining the Anambra State Government from trespassing into Ndende land situated along Niger Street, Onitsha, pending the determination of motion of enforcement of fundamental rights to own immovable property in Nigeria.
The Court presided by Justice N.O. Dimgba further directed that Anambra State Government be served all the originating processes by substituted means by delivering them to the Office of the SSG and the Office of the Attorney General of the state.
The Court also ordered that the processes be served on Onitsha South Local Government Area authorities and the police.
After reading out 25-paragraph of affidavit sworn by Okwudiri Esinulo, adult, male, Christian and a Nigerian citizen of Kilometer 3, Onitsha/Enugu Expressway, Omagba Phase II Layout, Onitsha, Anambra State Nigeria, and filed at the Registry in Awka.
After hearing G.E. Ezeuko, SAN, with E.O Adah, A.C. Arinze for applicant, the court ordered as follows:
“An order of interim injunction resetting the Respondents by themselves, agents, privies, cronies from further invasion, entering, ejecting, demolition, and sealing off and stationing armed thugs and Policemen on the landed property on Ndende, along Niger Street, Onitsha South Local Government Area of Anambra State, covered by Building Certificate of Occupancy issued in the name of the Applicant and from further denying the Applicant, its staff and tenants access or entry into the said land to carry out their daily legitimate businesses pending the determination of the Substantive Motion for Enforcement of the Applicant’s Fundamental Rights to own immovable property in Nigeria
“An rrder of substituted service is made of all the originating processes in this suit to wit: (originating motion, statement setting out the name and description of the Applicant, the reliefs sought, the grounds upon which the reliefs are sought, Affidavit setting out the fact upon which the application is made, the attached Exhibits and the written addresses) and other processes in the suit and on the first Respondent by service of the said processes and other processes on him by substituted means to wit: by delivering same to the Secretary to the Anambra State Government at the office of the Secretary to the Anambra State Government, Government House, Awka, Anambra State.”
The matter was adjourned to April 26, 2024 for hearing.
