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Market‎ Demolition: Owerri Community Demands N100b Compensation - Nairaland / General - Nairaland

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Market‎ Demolition: Owerri Community Demands N100b Compensation by OrientDailyNews: 12:13pm On Sep 26, 2017
https://orientdailynews.com/city-scope/market%e2%80%8e-demolition-owerri-community-demands-n100b-compensation/

…Wants court to reverse governor’s action

By Damian Duruiheoma, Owerri

The Owerri community through their 12 representatives, have dragged the Imo State Governor, Rochas Okorocha before an Imo State High Court, challenging their illegal removal from Eke Ukwu Owerri market and demolition of the market despite a pending suit and a restraining court order.

‎In a suit, HOW/695/2017, filed 13th of September 2017, the representatives want the court to order the governor to pay them the sum of N100 billion as exemplary damages for ‎the said unlawful and unconstitutional acts. ‎

The governor of Imo State, the state’s House of Assembly and the state’s Attorney General are the three defendants in the suit filed by Chief T.O.S Oparaugo and 11 others (for themselves and on behalf of Owerri Community).

Chief U N Udechukwu, who filed the suit on the plaintiffs’ behalf is leading a team of lawyers, including two senior advocates, K.C.O Njemanze and‎ N.A. Nnawuchi.

‎In the originating summons, the plaintiffs asked the court to declare that‎ their forcible removal from the Eke Ukwu Owere Market and the demolition of the said market despite the subsistence of a pending suit and a restraining court order, and a fortiori, without any enabling judicial order, constituted an act of state executive impunity and grave violation of the provisions of Sections 6 (1)(2)(3): 36(1) 188(11) and 287(3) of the 1999 Constitution on the part of the Imo State government.

They also asked the court to declare that‎ by virtue of Sections 6(6)(a) & (b), 36(1), and 272 of the 1999 Constitution, the court has the constitutional power and vires to reverse the said acts of the state government‎.

The plaintiffs asked the court to hold that they‎ are entitled to compensation to be determined by the court for injuries and damages caused to them by the Imo State government act of impunity and grave violation of the provisions of the constitution.

The plaintiffs asked the court to determine the following questions: “Whether the forcible removal of the plaintiffs from their Eke Ukwu Owerri Market situate at Owerri and the demolition of the said market despite the subsistence of a pending suit, and a restraining court order, and a fortiori, without any enabling judicial order, does not constitute an act of state executive impunity and grave violation of the provisions of Sections 6 (1)(2)(3): 36(1) 188(11) and 287(3) of the 1999 Constitution?

“Whether by virtue of Sections 6(6)(a) & (b), 36(1), and 272 of the 1999 Constitution, the court has the inherent and constitutional power and vires to reverse the said acts of the 1st Defendant, removing the plaintiffs from their Eke Ukwu Owerri Market situate at Owerri and the demolition of the said market, which acts were done despite the subsistence of a restraining court order and a fortiori, without any enabling judicial order?

‎And “Whether the plaintiffs are entitled to compensation to be determined by the Court for injuries and damages caused to them by the said acts of executive impunity and grave violation of the provisions of the Constitution by the 1st defendant through elements employed by the 1st defendant

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