Court Adjourns N14.5bn Demolition Suit Against Barth Nnaji to June 3

Justice Veronica Ajogwu of the Enugu State High Court has adjourned hearing in the N14.5 billion suit filed against former Minister of Power, Barth Nnaji, over the alleged demolition of property belonging to members of the Nkomoro Onuogba Community in Enugu East Local Government Area of Enugu State.

The suit, instituted by 25 members of the community against Nnaji and one Okwuchukwu Nnaji, was adjourned to June 3 for continuation of hearing.

When the matter came up on Tuesday for mention, counsel to the plaintiffs, Mr Peter Igwe, sought an extension of time to enable the plaintiffs regularise their processes.

“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 default fee for filing out of time,” Igwe told the court.

Counsel to the defendants, Mr Benjamin Nwobodo, also agreed that the additional time would allow both parties to regularise their processes.

Justice Ajogwu subsequently adjourned the matter until June 3.

Speaking to journalists after the proceedings, Nwobodo argued that the ownership dispute had already been settled in an earlier judgement delivered in 2013 by Justice Eno Oluedo.

According to him, one Alinta, who allegedly sold the land to Nnaji, had instituted a suit against the plaintiffs in 2001, and following his death, his children were substituted in the matter.

“The defendant then, were served and judgement was given in 2013. The judgment was that Alinta was the owner of the property,” he said.

“So before Alinta died, he transferred his interest to Prof. Barth Nnaji who is now the owner of the land and 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.”

He added: “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 who? So the case has no root under the law.”

In the suit filed by the plaintiffs through their counsel, the community members are seeking compensation for properties allegedly demolished by the defendants.

The claims include compensation for 11 two-storey buildings, six three-storey buildings, 93 duplexes and 170 bungalows, each estimated at an average value of N50 million.

The plaintiffs are also asking the court to award N7 billion as compensation for seven deceased persons allegedly killed during the incident, calculated at N1 billion for each deceased person.

In addition, they are seeking N3.4 billion for the alleged looting of personal belongings, including water coolers, mattresses, 20 motorcycles, televisions, sewing machines, cooking pots, air conditioners and beds, among other items.

According to court documents, the plaintiffs are further seeking a perpetual injunction restraining the defendants, their agents, privies and legal representatives from further interference with their ancestral home.

They are also asking the court to declare them the rightful owners of the disputed Nkomoro Onuogba land, which they claim to have inherited from their forebears and occupied for generations.