3 months ago
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A High Court sitting in Nsukka, Enugu State, on Tuesday, granted an order barring the University of Nigeria, Nsukka, UNN, from going ahead with a hostel project.
The interlocutory injunction was granted by Justice Hyacinthia Urunwa Ezeugwu while delivering judgement in suit No N/86/2020 filed by Hon Nnaemeka Aleke on behalf of Obukpa community against the UNN and Viagem Property and Investment Limited.
Aleke in the suit had urged the court to stop further development of the 11,900-room hostel, which he alleged was causing environment degradation to his Obukpa community.
He also sought N1 billion as damages.
Delivering judgement after four years of legal tussle, the Court held that the evidence of the six witnesses presented by the plaintiff was incontrovertible.
The court which resolved all the issues in the favour of the plaintiff said apart from the testimony of the witnesses, a visit by the court to the project site equally proved that there was environmental threat.
It went ahead to order that further development be stopped pending when the contractor put up erosion control measures in the area.
The judge also ordered the defendants to pay the sum of N20 million to the plaintiff, as well as another N500,000 over the litigation.
Speaking to journalists after the judgement, the lawyer to the plaintiff, Barr C.I. Odoh said the verdict had saved the future of the community.
According to him, “the two major issues, which are technical issues raised by the defendants, the court dismissed all of them in favour of the plaintiffs. It dismissed all those technical positions.
“It held that the six witnesses were consistent in their evidence on what they are suffering. It ruled that the two witnesses presented by the defendants could not controvert the overwhelming evidences of their plaintiffs.
“The court also held that when it visited the site it saw the environmental damage, the plight of the plaintiffs. It now affirmed that the plaintiffs have proven their case and resolved all the issues against the defendants.
“It ordered that the University and Viagem who are the 1st and the 2nd defendants shall stop continuing the work they are doing till construction of erosion control measures in the community.
“It granted a perpetual injunction stopping them from continuing to do anything except they put up the erosion control measures.
“It also awarded N20 million jointly and severally against the defendants, and awarded N500,000 cost of coming to court against the university and the company.”
The lawyer expressed gratitude to God, noting that the most important thing was the injunction.
“I commend Hon. Nnaemeka Aleke for leading his community to challenge this erosion malaise, which would have exterminated the community.
“Prior to the suit, they wrote the university several times, but they were ignored. So I commend and congratulate them for taking it up and getting this victory.
“The most important thing is not even the monetary damage but the erosion control measures that the court ordered the defendants to put in place to preserve life of the people of that community.
“That’s the major reason I’m commending the court because even if you give them N1 billion without putting that erosion control, they may have money but won’t have anywhere to stay,” the lawyer added.
English (US) ·