The Nigerian Society of Engineers, Enugu State branch has sent a Save Our Souls message to their national secretariat in Abuja, reporting what it described as the ‘unlawful demolition’ of its branch building in Enugu by the state government.
In a letter dated 4th August 2023, ans signed by its Chairman, Engr. Chigbo Obealor, MNSE and Secretary, Engr. Nneka Nwagugu, MNSE, the professional organisation narrated the process through which they acquired the property on which the building stood, through the former Governor Sullivan Chime.
It also went into details on how a certain Mr. Oke Hyacinth Ayogu, managing director of Hymac Real Ltd, made claims to the property, including other plots within the neighborhood, threatening to demolish all buildings therein.
The organisation also said the foundation stone of the building was laid by the immediate past Governor of the state, Dr Ifeanyi Ugwuanyi who was represented by the then SSG, Dr. G.O.C. Ajah on 24th August, 2016.
A photocopy of a receipt, cited by this newspaper, showed that a payment was made by the Nigerian Society of Engineers for the allocation on April 11, 2011.
Below is a copy of the petition, detailing the process of procurement, to the demolition of the building:
NSE/EB/EC/2022/A005 4TH AUGUST, 2023
The President, Engr. Gidari-Wudil Tasiu Saad, FNSE
The Nigerian Society of Engineers,
National Headquarters,
National Engineering Centre,
Abuja.
Sir,
REPORT OF THE UNLAWFUL DEMOLITION OF THE NIGERIAN SOCIETY OF ENGINEERS, ENUGU BRANCH’S ENGINEERING CENTRE, PLOT 23/C AT INDEPENDENCE LAYOUT, ENUGU, BY THE GOVERNMENT OF ENUGU STATE ON 18TH JULY, 2023.
BACKGROUND
We are owners of plot P/23C and have developed the property. The property was allotted to us during the tenure of Barr. Sullivan Chime as the governor of Enugu State Government, Ref: LEN: 21461/1/33 on 30th July, 2010, and we have fulfilled all the requirements in pursuant to sections 5a & 9 of the land use act for the issuance of Certificate of Occupancy.
Sometime in late July, 2021, a trespasser, Mr. Oke Hyacinth Ayogu, managing director of Hymac Real Ltd, made claims to our land and property, including other adjoining plots within the neighborhood, and also threatening to demolish all the structures including our Engineering Centre building. He came in with an entirely different survey plan different from what the government issued to us in 2011. We resisted him and in 1st August, 2021, we reported the matter to relevant security offices. He later took us to court on the 16th of August, 2021. Our legal team in defense, put up a counterclaim against the plaintiffs and the case is still in the High Court vide suit no. E/658/2021.
On the 27th January, 2022, the Attorney General of Enugu State joined as the 9th defendant by order of court. The Attorney-General, in his written address to the court, stated as follows:
That by virtue of the Land Use Act, the Governor of Enugu State has the power to grant right of occupancy and certificate of occupancy to allottees of land vested in him: he also has the power to delegate such power.
That the plaintiffs/Respondents purport to have been allotted the land in dispute and certificate of occupancy issued to them by the Commissioner for lands, Enugu State.
That the Governor of Enugu State did not grant any certificate of occupancy over the land in dispute to the plaintiffs.
That the Governor of Enugu State did not delegate or authorize any officer in his government to issue any certificate of occupancy in respect of the land in dispute to the plaintiffs.
That I know as a matter of fact that the Governor of Enugu State delegates his power to issue certificate of occupancy by prior written delegation which was not none in this case.
The plaintiff later appealed the ruling of the High Court and the case is in Appeal Court case file Appeal No. CA/E/73/2022.
On 6th April, 2023, we made application Ref: NSE/EC/MOL/2023/A001 to the Hon. Comm, Enugu state ministry of lands in pursuant to sections 5a & 9 of the Land Use Act, to issue forthwith, Certificate of Occupancy to the Applicant, The Nigerian Society of Engineers, Enugu Branch, having complied with all the necessary conditions president. All avenues to get official response from the office proved abortive till date.
DEMOLITION ORDER BY THE GOVERNMENT OF ENUGU STATE.
While these cases are in courts (with Enugu State Government as Co-Respondents in the law suits) at about 4.00 pm on Friday, 14th July, 2023, we receive report that Enugu State Government marked our property for demolition with 48 hours’ notice and mobilized for demolition at about 6.00 pm same day. The Branch Executive committee and other members of the Branch rushed to our Engineering Center venue and resisted the planned demolition that night. We immediately petitioned the Governor of Enugu State, Secretary to the State Government, Solicitor general and the Admin, Enugu Capital Territory Authority. (See attached)
We also requested and was given audience by the (SSG) Secretary to Enugu State Government to join in the stakeholders meeting in his office at 10.00am on 17th July, 2023 as a result of the above issue in reference. The meeting was chaired by (SSG) Prof. Chidiebere Onyia, and the Solicitor General of Enugu State; Barr. Victor Emeribe, the Chief of Staff; Barr. Victor Udeh and other representatives of the government were also in attendance.
All the stakeholders (as contained in the court summons) were given ten (10) minutes each to present her case, and afterwards, several questions were asked especially on the different survey plans presented and on the revocation / allotment by the government of Enugu State. The Nigerian Society of Engineers, Enugu Branch, made representation through 1, Engr. Chigbo Obealor; Chairman, Engr. Dr. Uchenwa Ujam. FNSE, Immediate Past Chairman, Engr. Bartholomew Edeh. FNSE, Chairman Emeritus and Eng. Okechukwu Ugwu; Secretary, Engineering Centre Land Committee.
After due deliberations on the demolition order by the Enugu State Government, the SSG directed that the meeting was not to undermine the courts processes and it was for the government to have clear picture of the matter and therefore:
Directed all parties to stay actions pending the outcome of the court proceedings and / or out of court peaceful resolution of the matter with Enugu State Government.
The state government, in furtherance of above, never asked us to vacate the land and property which we occupied since 2010, and have committed millions of naira in materials and labour to the Engineering Centre building. We are in courts with Enugu State Government as Co-Respondents in the suits.
At about 10.00am on 18th July, 2023, demolition of our Engineering Center commenced by the directives of the State Government. We lack words to express the shock and unimaginable betrayal of trust from the highly esteemed office of SSG, under the leadership of a Professor of sterling international pedigree whose word stands. We took him by his word and could not describe the grief and torture we were subjected to, as we watch the Enugu state government pull down the Engineering Centre building in less than 24 hours of our cordial meeting with the Enugu state government.
Our concern is the arbitrary pulling down of Engineering Centre building where we have spent over N380m already. It is a question of putting on hold our Enugu Branch’s 60th Anniversary celebrations billed for that venue and for which we have invited international guests, some of whom have made travel arrangements. It is about the trauma, the mental shock and anguish arising from sudden demolition of a structure built over the years.
Assuming, without conceding that we built on a site intended for some other use. We still would be entitled to an alternative plot and compensation for resources expended by us BECAUSE we built on an area allotted to us by government. If there was an error, it is the error of the government and we should not suffer for it.
After due consultation and deliberations on the arbitrary and illegal demolition and forceful occupation of our property, and with due weight to the advice of our legal team, we have on the 21st of July, 2024 issued a pre-action notice to the Enugu State Government.
We have spent over five (N5,000,000.00k) million naira on litigation and still have a balance of N10,000,000.00k to pay. As it’s, we are soliciting for financial assistance to pursue the cases in court.
Find attached for your perusals and actions, the Enugu Engineering Centre land documents, litigation documents, site photographs, pre action notice letter and other correspondences.
Our prayer:
The President, Nigerian Society of Engineers is respectfully requested to call on the attention of the Federal Government and other agencies to put an end to the executive recklessness of the Enugu State Government, and to ensure that justice is done by releasing our plot of land and the payment of collateral damages perpetrated on the Nigerian Society of Engineers, Enugu Branch.
Accept the assurance of our highest admiration.
FOR: THE NIGERIAN SOCIETY OF ENGINEERS, ENUGU BRANCH.
Engr. Chigbo Obealor. MNSE Engr. Nneka Nwagugu, MNSE
Chairman Secretary