The court, presided over by Justice Hyacenthia Ezugwu, delivered the judgement on Wednesday
An Enugu State High Court in Nsukka has ruled in favour of Ajuona Obukpa community, awarding ₦20 million in damages against the University of Nigeria and Viagem Property and Investment Limited for environmental degradation.
The court, presided over by Justice Hyacenthia Ezugwu, delivered the judgement on Wednesday.
In a victory for the community, the court granted an injunction to halt the development of a hostel facility that has been exacerbating the flooding problems in the area. The defendants were ordered to cease construction until adequate measures to prevent further erosion and flooding are implemented, addressing a longstanding issue that has plagued the community for some time.
This judgment aims to hold the defendants accountable for their actions and ensure measures are taken to prevent further environmental harm to the community.
Hon. Nnaemeka Aleke, representing the Ajuona Obukpa community, a host community of the University of Nigeria (UNN), filed a lawsuit (N/86/2020) seeking a court order to halt the development of an 11,900-room hostel by the University and Viagem Property and Investment Limited. The plaintiff alleges that the project is causing environmental degradation in his community and seeks to restrain further development.
However, the lead counsel for the plaintiff, Ikechukwu Odo, told journalists shortly after the court delivered its judgement that apart from the penalties mentioned earlier, the court equally awarded N500,000 cost of action against the defendants.
He said: “The court in delivering the final judgement, resolved all the issues in favour of the plaintiff, Hon. Nnaemeka Aleke, and his Ajuona Obukpa community. The court agreed that there was huge nuisance created by the University of Nigeria and Viagem Property and Investment Limited as a result of lack of erosion control flowing from UNN into Ajuona Obukpa community.
“After agreeing with us on all the issues, the court ordered the University of Nigeria and Viagem Property and Investment Limited to stop further development of the hostel project until proper erosion control measures are put in place and granted perpetual injunction to that effect.”
“The court equally awarded N20 million damages jointly and severally against the first and second defendants, and also awarded N500,000 cost of action against the defendants too,” he explained.
Odo commended the court for looking beyond the “gimmicks brought in by the defendants to stop the court action from going into merit”.
In his reaction, the plaintiff, Aleke said, “I am personally convinced with the competence of the court and I loved the disposition of the judge in administering justice in our matter.
“I encourage other courts to emulate such competency because the court is the last hope of a common man.”