Traders, Residents in Nsukka Lament as Enugu Govt Demolishes Markets Without Providing Alternative Locations

GOV MBAH

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• Human rights groups drag state govt to court, demand N50bn damages
By Our Reporter
Traders of affected shops in Ogige Market in Nsukka, Enugu state, have cried out over the decision of the state government to carry out a demolition exercise without alternative location.
The traders are not alone as residents have also criticised the state government over the action, adding that there should have been an alternative location to save the traders from economic crises.
The affected traders said the market remains the only big market in Nsukka, and wondered what the state government expects them to do with no other alternative.
One of the traders who did not want to be quoted told our Reporter, “what we see happen in some places is that the state government relocates the traders before the demolition. Now, where do we take our goods to? How do we earn a living without a shop?”.
Residents of Nsukka, a University Community, hosting University of Nigeria Nsukka (UNN), who are bitter about the development condemned the action of the state government.
“By the action of the state government, thousand of traders and their families have been thrown out of their businesses. The implication is increased joblessness and hopelessness under such hard economic times”, a resident said.
Meanwhile, two human rights groups, The Law Hub Development and Advocacy Foundation and The Ositadinma Okoro Empowerment Foundation have dragged the state government to court over what they described as “manifest gross violation of the fundamental rights and the planned invasion and demolition of shops of the over 10, 000 traders of Ogige Market, Nsukka”.


The Counsel to the applicants, Olu Omotayo Esq said his clients prayed the Court for the following Reliefs:

“A. 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.


“B. 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.

“C. 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.

“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.

“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 traders of the Market have been trading peacefully in the market for over 50years, before the respondents just woke up and gave them 72 hours, notice to vacate the market.
“That if the respondents are not urgently restrained they will demolish the traders’ shops and properties.

“In the suit the Applicants’ lawyer Olu Omotayo Esq. leading two other lawyers J.E. Akubue Esq. and Desmond Kakaan Esq. urged the Honorable Court to determine some issues most importantly among which is: Whether the act of the Respondents in giving traders of Ogige Market Nsukka, 72 hours notice to vacate their properties and shops at 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, does not constitute a flagrant violation of traders fundamental rights to privacy and their homes 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


“They finally urged the Honorable Court to restrain the state government and award N50 Billion damages to the traders of Ogige Market”.

However, a Enugu State High Court has granted an ex parte order, restraining the State Government and its agents from demolishing the properties belonging to Ifesinachi Transport Limited locate at the Ogige Market, Nsukka.

The court, presided over by Hon. Justice H.U. Ezugwu granted the order following a suit by Ifesinachi Transport Company Nigeria Limited and Ifeanyi Mama, representing the family of the late Igwe Ogbonna Mama .

The respondents to the case include the Attorney General of Enugu State, Nsukka Central Town Planning Authority, and the Commissioner, Enugu State Ministry of Transport.

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