The LAW HUB DEVELOPMENT AND ADVOCACY CENTER, Abuja, and The OSITADINMA OKORO EMPOWERMENT FOUNDATION, on Friday 24th May 2024, jointly instituted a fundamental rights action against the Enugu State government.
The action of the rights groups was in view of what they called “the manifest gross violation of the fundamental rights and the planned invasion and demolition of shops of over 10, 000 traders of Ogige Market, Nsukka in Enugu State.”
The Suit: REGISTERED TRUSTEES OF LAW HUB DEVELOPMENT AND ADVOCACY CENTER & ANOR V. GOVERNOR OF ENUGU STATE AND ATT GEN OF ENUGU STATE SUIT NO. N/73/2024, has REGISTERED TRUSTEES OF OSITADINMA OKORO EMPOWERMENT FOUNDATION, as the 2nd Applicant.
According to their Counsel, Olu Omotayo, Esq,the Applicants are praying the Court for the following Reliefs: a declaration that the act of the Respondents in giving traders of Ogige Market Nsukka, 72 hours notice to vacate their properties and shops at the Ogige Market Nsukka, on the 22nd day of May 2024, and the purported plan to use force to remove the traders forcefully and throw them out of their shops and properties they built on the market land, constitutes a flagrant violation of traders fundamental rights.
to own movable and immovable properties guaranteed under Sections 43 & 44(1) of the Constitution of the Federal Republic of Nigeria, 1999(as amended) and Articles 22 and 23, of the African Charter on Human & Peoples Rights, (Ratification and Enforcement Act) Cap. A9 Laws of the Federation of Nigeria, 2004 and is therefore illegal, unconstitutional, null and void.
Furthermore, AN ORDER OF PERPETUAL INJUNCTION restraining the Respondents, whether by themselves, their agents, privies or otherwise howsoever from further harassing, intimidating, trailing, scaring away the traders of Ogige Market Nsukka, from their shops, and properties, arresting or detaining them upon the same facts constituting the complaints enumerated in this application or in any other manner infringing on the applicants’ fundamental rights.
The applicants are also demanding N50 Billion Naira being exemplary, punitive, aggravated, special and general damages against the Respondents, for their infringement of traders of Ogige market Nsukka, constitutional and fundamental rights.
According to him, parts of the facts stated in the Affidavit in support of the suit stated among other things:
“That the over 10,000 traders in the market have invested over Ten (10) Billion Naira in the market since the inception of the market over 50 years ago, ” he said.
Omotayo recalled that on 22nd May 2024, agents of the Respondents came to the market and gave the traders 72 hours to vacate the market.
“In a reminisces of the military era the agents of Enugu state government wrote on walls in the market the Notice that they should vacate the market within 72, hours vacate and relocate from the market.
“The picture of the such Notices written on wall of shops in the market are jointly exhibited as “Exhibit A”
“The properties of the traders are still locked up in their shops in the market, ” the lawyer stated.
2 Rights Groups sue Governor Mbah over planned unlawful demolition of Ogige Market Nsukka
