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.
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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.
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