Demolition of property: Bizman files N1.1bn lawsuit against ex-gov Okorocha, others

A businessman, Chief Boniface Agwu and his company, Bonatec Electrical Company have dragged a former governor of Imo State, Rochas Okorocha and four others before the High Court of the Federal Capital Territory (FCT), seeking damages to the tune of N1.1 billion for the demolition of their property at Sabon Lugbe, Abuja.

Others dragged before the court by the applicants are the Inspector-General of Police (IGP); Ethan Ventures Ltd; Samuel Ukatejit and Samuel Adakole.

Agwu, the Managing Director of the second applicant in the enforcement of the fundamental right suit brought before the court, claimed that he is the holder of the Statutory Right of Occupancy over the parcel of land, Plot 1405, Sabon Lugbe East Layout, Abuja, measuring 3.5 hectares. He holds this right by virtue of a conveyance of approval dated March 11, 1998 issued by the FCT Minister.

The first applicant, through his counsel, Anthony Ifechukwude Esq, further claimed that on October 14, while development was ongoing on the land, Ethan Ventures, with the aid of policemen, forcefully entered the parcel of land with bulldozers and demolished the property belonging to the second applicant, Bonatec Electrical Company. They also arrested and detained Mr. Augustine Nwamonye at the Force headquarters in Abuja.

According to him, the said parcel of land is the subject matter of two separate suits involving the second applicant and Ethan Ventures pending before the FCT High Court in suit FCT/HC/CV/6489/2023 between Bonatec and FCT Minister and three others as well as suit number FCT/HC/CV/240/2019 between Super Structures Limited and two others against Asher Information Services Limited and four others.

Agwu further claimed in his process that there is also an appeal pending between Bonatec and the IGP before the Court of Appeal in appeal number CA/ABJ/CV/110/2024 between Super Structures Limited and two others against Asher Information Services Limited lodged against an interlocutory ruling of the FCT High Court in suit number FCT/HC/CV/240/2019.

He informed the court that there was no decision of any court that has found that the said parcel of land belongs to the first respondent, adding that the first to fourth respondents were not empowered by law to determine the ownership of title to land or break into the property belonging to Bonatec with bulldozer without any reason whatsoever.

The first applicant also claimed that he is entitled to the right to ownership of property by virtue of Section 43 of the 1999 Constitution of the Federal Republic of Nigeria.

In his affidavit in support of the case, Agwu claimed that he sent a petition to the Police Service Commission (PSC) complaining about the acts of the police as being complicit in the dispute.

He claimed that following his petition, the Permanent Secretary, PSC sent a letter was sent to the IGP, which the police boss subsequently replied and assured the commission that all pending petitions would be discontinued pending the outcome of the civil suits filed in court.

Agwu claimed that while the appeal before the Court of Appeal is pending, both Ethan Ventures and firmer governor Okorocha sent a petition to the IGP to demolish his (applicant’s) property, adding that the fourth respondent, Samuel Ukatejit, subsequently led about 100 policemen to the property with bulldozers to destroy it while the matter is pending before bith the FCT High Court and Appeal Court.

He alleged that policemen informed him that they demolished the property based on interlocutory ruling of the FCT High Court, which is the subject of appeal in appeal number CA/ABJ/CV/110/2024 between Super Structures Limited and two others against Asher Information Services Limited.

According to him, the enforcement of any order of court was by the court itself and not unilaterally by the police.

He then asked the court to determine whether it is right for the respondents to invade his property and destroy same with bulldozers while the matter is still pending in court and therefore, urged the court to call the respondents to order.

The applicants then sought a declaration of the court that the acts of the respondents in forcefully entering the property of the second applicant on October 14 and demolishing the houses thereon is unlawful, unjustifiable in law and illegal.

They also sought an order restraining the respondents, their servants, privies from further entering the property to demolish it.

Also, they sought an order restraining the respondents from entering the property to arrest security men there.

The further sought the sum of N1billion only for damages of their property, while they want the sum of N100 million be paid to them as general damages.

Meanwhile, no date has yet be fixed for the gearing of the matter.

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