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Ohha Microfinance Bank Limited has filed a lawsuit against the Enugu State Government, seeking N20.4 billion in damages for the alleged unlawful demolition of its headquarters and destruction of valuable assets without compensation.
The bank claimed that the government’s actions violated its constitutional rights as a citizen of Nigeria, specifically the right to own movable and immovable properties.
The lawsuit, filed at the Enugu State High Court on Monday, alleged that the government gave the bank only 72 hours’ notice to vacate its corporate headquarters before demolishing it on May 15, 2024.
In the suit, filed through its team of lawyers, led by Olu Omotayo, the bank is seeking several reliefs, including declarations that the demolition and destruction of its properties were illegal, unlawful, and unconstitutional.
It is also seeking special damages of N420,194,500 for the loss of its properties and assets and aggravated damages of N20 billion for the unlawful demolition and destruction of its properties.
Additionally, the bank is seeking interest on the special damages at a rate of 18 per cent from May 15, 2024, until the judgment is delivered and interest on the judgment sum at a rate of 10 per cent until it is fully paid.
The suit, marked No. E/37/2025, named Ohha Microfinance Bank Limited as the plaintiff, while the government of Enugu State of Nigeria and the Attorney-General of Enugu State were listed as the first and second respondents.
Among other reliefs sought by the plaintiff is “a declaration that the unlawful and illegal destruction and demolition of the plaintiffs’ place of business properties by the defendants without payment of prompt and adequate compensation are illegal, unlawful and unconstitutional.
Others are, “A declaration that the act of the defendants in giving the plaintiff 72 hours notice to vacate its corporate headquarters at No.1, Ogui Road, Enugu, on the 12th day of May 2024, and the subsequent destruction of the plaintiff’s corporate headquarters and its movable properties, including two banks safes worth N15 million on the 15th of May 2024, constituted a grave violation of the right of the plaintiff to own movable and immovable properties, guaranteed under Sections 43 and 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 and Peoples Rights, (Ratification and Enforcement Act) Cap. A9 Laws of the Federation of Nigeria, 2004 and is therefore illegal, unconstitutional, null and void.
“N420,194,500 (Four hundred and twenty million one hundred and ninety-four thousand, five hundred naira), being special damages.
“N20 billion, being aggravated, punitive and general damages for unlawful demolition and destruction of the plaintiff’s property.
“Interest at the rate of 18 per cent on N420,194, 500 (Four hundred and twenty million one hundred and ninety-four thousand, five hundred naira) from 15th May 2024, till judgment is delivered in this suit.
“Interest at the rate of 10 per cent on the judgment sum from the date judgment is delivered in this suit till the sum is fully liquidated.”
One of the counsel to the plaintiff, Olu Omotayo, said that the action of his client was predicated on the refusal of the defendants, who have been shouting to the world that the state is investor friendly, but consistently refused to pay compensation for the willful destruction of the plaintiffs’ multimillion naira investment of over 27 years in violation of the constitutional rights of the citizens of Nigeria to be paid adequate and prompt compensation in case of government acquisition of citizens property.
Although no date has been fixed for a hearing, the lawsuit is the latest in a series of legal challenges against the Enugu State government over allegations of unlawful demolition of properties without adequate compensation.
