ENVIRONMENTAL DAMAGE: A HIGH COURT IN NSUKKA STOPS UNN HOSTEL PROJECT, GRANTS OBUKPA COMMUNITY #20 MILLION NAIRA

The Nsukka High Court, Enugu State, today barred the University of Nigeria, Nsukka (UNN) from going on with a hostel project.

The injunction was given by Justice Mrs. Hyacenthia Urunwa Ezeugwu when she delivered judgement in a suit No. N/86/2020 filed by Hon. Nnaemeka Aleke on behalf of Obukpa Community against UNN and Viagem Construction Company.

Aleke in his suit had urged the high Court to stop UNN from further development of the 11,900-room hostel, which he claimed was bringing environmental problem to his Community.The Hon. sought one billion from the UNN as damages.

Delivering the judgement after 4 years of legal battle, the high court held that the evidence of the eight witnesses presented by the plaintiff was incontrovertible. The court which resolved all the issues in favour of the plaintiff said that apart from the testimony of the witnesses, the High Court also visited the project site and proved that there is an environmental problem. The high Court went further to stop the contractor from going on with the project untill after the construction of an erosion control measures in the area.

The high court also mandated the UNN and the company to pay Hon. Aleke #20 million, as well as another #500,000.00 over the litigation.

Speaking to journalists after the judgement, the lawyer to the plaintiff, Barr. C.I. Odo said that the judgement has saved the future of the community. According to him, “the two major issues, which are technical issues raised by the defendants, the court dismissed all of them in favour of the plaintiff. The court also dismissed the technical positions.

It held that the eight witnesses were consistent in their evidence on what they are suffering. It further ruled that the two witnesses presented by the defendants could not controvert the overwhelming evidence of the plaintiff. The court also held that when it visited the project site, it saw the environmental degradation, the plight of the plaintiff. It now affirmed that the plaintiff has proved his case and resolved all the issues against the defendants.

It ordered that the UNN and Viagem who are 1st and 2nd defendants should stop the work they are doing until construction of erosion control measures are put in the community.

It therefore, granted perpetual injunction stopping them from continuing to do anything except they put up an erosion control measures. It also awarded #20 million jointly and severally against the defendants and awarded #500,000.00 cost for coming to court against the UNN and the company.

The lawyer expressed gratitude to God, noting that the most important thing was the injunction. “I commend Hon. Aleke for leading his community to challenge this erosion malaise, which would have exterminated the community. Prior to this suit, he wrote the UNN several times, but he was ignored. So, I commend and congratulate him for taking it up and getting this victory. The most important thing is not even the monetary damage, but the erosion control measures that the court ordered the defendants to put in place to preserve life of the people of that community. That’s the major reason am commending the court because even if you give them #1 billion without putting that erosion control measures, they may have the money, but won’t have anywhere to stay” the lawyer added.

From our reporter (Nsukka)