Justice Veronica Ajogwu of the Enugu State High Court has adjourned the N14.5 billion suit filed against former minister of power, Prof. Barth Nnaji, for alleged demolition of property to June 3.
The property is said to belong to members of the Nkomoro Onuogba Community in the Enugu East Council Area of Enugu State, and the suit was instituted by 25 members of the community against Nnaji and one Okwuchukwu Nnaji.
When the matter was called on Tuesday for mention, counsel to the plaintiffs, Mr Peter Igwe, asked the court for an extension of time to enable them to regularise their process.“We were just served this morning by the defence counsel when the court was about to sit. So we need time to look into the processes served on us and respond adequately, even though we noted that they have not paid the default fee for filing out of time,” Igwe said.
The counsel to the defendants, Mr Benjamin Nwobodo, also confirmed that the time sought would enable them to regularise their processes.
Ajogwu, however, adjourned the matter till June 3 for continuation of hearing.
Addressing newsmen after the proceeding, the defence counsel said the matter had been decided in 2013 by Justice Eno Oluedo.
He explained that one Alinta who sold the land to Nnaji previously brought the suit against the plaintiffs in 2001, adding that when the man died, the children substituted him.
“The defendant then was served, and judgement was given in 2013. The judgment was that Alinta was the owner of the property.
“So before Alinta died, he transferred his interest to Prof. Barth Nnaji, who is now the owner of the land, and a long time ago, execution had been carried out by the court and not by any other person.“But the plaintiffs are talking about demolition of their property. If judgement is given to me over my property, it’s my right to take it or demolish it. It was demolished by the court and nothing else.“Nobody is above the law. If Nnaji had killed anybody as alleged by plaintiffs, he would have been charged. You are now asking for you to be paid billions over whom? So the case has no root under the law,” Nwobodo said.
In the suit presented by Igwe, the plaintiffs are seeking compensation for properties allegedly demolished by the defendants.
These include 11 two-storey buildings, six three-storey buildings, 93 duplexes, and 170 bungalows, each valued at an average cost of N50 million.
The community was also requesting the court to compel the defendants to pay N7 billion as compensation for seven deceased members, allegedly killed during the incident, at N1 billion per deceased person.
Additionally, the plaintiffs were seeking N3.4 billion for the alleged looting of personal property, including water coolers, mattresses, 20 motorcycles, televisions, sewing machines, cooking pots, air conditioners, and beds, among other items.
According to the documents, the plaintiffs are also seeking a perpetual injunction restraining the defendants, their agents, privies, and legal representatives from further interference with their ancestral home.
They further urged the court to declare them the rightful owners of the disputed Nkomoro Onuogba land, which they claimed to have inherited from their forebears and occupied for generations.
