The Branch Executive Committee and other members of the branch however rushed to the engineering centre and resisted the planned demolition that night.
The Nigerian Society of Engineers (NSE) has decried the demolition of its Engineering Centre by Governor Peter Mbah’s administration in Enugu State.
The state chapter of NSE said the multi-million-naira property was allocated to it by the administration of former governor Sullivan Chime and that it had paid and fulfilled all the conditions for the allocation of the landed property before it commenced development.
NSE questioned how the administration that is barely two months in office would demolish its engineering centre and allocate the same to one of the financiers of Governor Mbah’s election campaign.
An official report on the demolition addressed to the National President of the Society, Engr. Gidari-Wudil Tasiu Saad, titled “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,” dated August 4, 2023, stated that the demolished property had already been developed.
According to the Society, the land was allocated to it by Sullivan Chime's administration in 2010.
The professional body noted that sometime in late July 2021, a trespasser, Mr. Oke Hyacinth Ayogu, who is the Managing Director of Hymac Real Ltd, a real estate development company laid claim to the NSE land and property, including other adjoining plots within the neighbourhood.
NSE alleged that Mr. Ayogu threatened to demolish all the surrounding structures in the area including the engineering centre building.
The report which was signed on behalf of NSE, Enugu branch by the Chairman and Secretary, Engr. Chigbo Obealor and Engr. Nneka Nwagugu respectively, said Ayogu took NSE to court but lost. He reportedly later appealed the ruling of the High Court and the case is currently in the Court of Appeal with Appeal No. CA/E/73/2022.
The NSE stated that the survey plan being paraded by an estate developer was entirely different from what the government issued to it in 2011.
It disclosed that on April 6, 2023, the state chapter of the NSE made an application with reference number NSE/EC/MOL/2023/A001 to the Commissioner, Enugu State Ministry of Lands pursuant to sections 5a & 9 of the Land Use Act, to issue forthwith, Certificate of Occupancy having complied with all the necessary conditions precedent but till date, it did not get an official response from the ministry.
According to NSE, while the cases relating to the said property were still in courts, even with Enugu State Government joined as co-respondent in the lawsuits, at about 4.00 pm on Friday, July 14, 2023, it received a report that the state government through the Enugu State Capital Territory Development Authority (ECTDA) marked its property for demolition with 48 hours’ notice to remove and mobilise for demolition at about 6.00 pm same day.
The Branch Executive Committee and other members of the branch however rushed to the engineering centre and resisted the planned demolition that night.
They said the NSE immediately petitioned the state governor, Secretary to the State Government, Solicitor-General, and Head of Administration, Enugu Capital Territory Authority.
Other authorities petitioned by the NSE include the state police commissioner, General Officer Commanding, 82 Division, Enugu, as well as the Deputy Chief Registrar, Court of Appeal, and Assistance Chief Registrar, High Court of Enugu State.
This they said led to a meeting with the Secretary to the State Government, Prof Chidiebere Onyia in his office at 10.00 am on July 17, 2023, with other stakeholders whose properties were threatened with demolition.
The meeting was chaired by (SSG) Prof. Onyia, and the Solicitor General of Enugu State, Barr. Victor Emeribe, the Chief of Staff; Barr. Victor Udeh had other representatives of the government in attendance.
According to the society, it made representation through Engr. Chigbo Obealor; Chairman, Engr. Dr. Uchenwa Ujam, immediate past Chairman, Engr. Bartholomew Edeh, Chairman Emeritus and Engr. Okechukwu Ugwu; Secretary, and the Engineering Centre Land Committee.
It disclosed that after due deliberations on the demolition order by the Enugu State Government, the SSG said the meeting was not to undermine the courts' processes but was for the government to have a 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 the state Government.
They said it came as a rude shock when less than 24 hours after the meeting with the state government, at about 10.00 am on July 18, 2023, the demolition of the engineering centre commenced on the orders of the state government.
The NSE said it lacked words to express the shock and unimaginable betrayal of trust from the highly esteemed office of SSG, under the leadership of a professor of international pedigree.
The body said it took him by his word and could not describe the grief and torture they were subjected to as they watched the state government pull down the building.
It expressed concern about the arbitrary demolition of the engineering centre which had reportedly gulped over N380 million. It appealed to the NSE National President to draw the attention of the Federal Government and other agencies to the issue and put an end to the “executive recklessness” of the Enugu State Government and ensure that justice is done by releasing the plot of land and paying for collateral damages perpetrated on the association.
Meanwhile, the leadership of the professional body has issued a pre-action notice to institute legal proceedings against the state government.
It is making a civil claim in respect of trespass, demolition of property without a valid court permission, and damages.
The particulars of NSE's claim against the Enugu State Government include declaratory reliefs, failure to follow due process of law, negligence of duty of care in the protection of allotee’s property, exemplary damages, directory orders, and injunction.
SaharaReporters had reported how Governor Mbah-led administration through the State Capital Territory Development Authority (ECTDA), demolished multi-million-naira structures belonging to the NSE and a retired Assistant Controller General of Immigration Chief Okey Ezugwu on Tuesday, July 18, 2023.
The governor reportedly handed the same demolished property to one Oke Hyacinth Ayogu, who was believed to have funded his election despite the pendency of the matter in court and with the Enugu State government being party to the suit.
Meanwhile, the SSG in a letter he addressed to the Head of Administration and O/C Enugu Capital Territory Development Authority, dated July 14, 2023, with Ref: ENS/SSG/M.343/1/23, revealed that the actual motive for the demolition of the multi-million-naira properties was to hand it over to Ayogu and his company.
The letter was titled: RE: Technical Report Of The Re-Establishment Of Plot P/23c At Independence Layout Enugu.
The letter reads: "Following the report on re-establishment of Plot P/23C at independence Layout Enugu from Survey Department, Ministry of Lands and Urban Development as attached.
"His Excellency, the Governor of Enugu State has directed the Enugu Capital Territory Development Authority to demolish every illegal structure encroaching on Plot P/23C at Independence Layout Enugu delineated in survey plan no. EN(E)658 with beacon nos C5829, C8012, 29932 and (29933 covering a total area of 6602.515 square meters, See attached survey plan for a guide.
"You have 48 hours of receiving this letter to carry out this directive. Please accept my warm regard.
"Prof. Chidebere Onyia Secretary to the State Government," it reads.
Meanwhile, an official of the Enugu State Capital Territory Development Authority, Mr Udoka Onyia said the authority did not on its own demolish the properties. According to him, the exercise was carried out on the orders of the current administration for the sake of peace.
He said, "That place, the case is still in court and where the Capital Territory came in is that why the case is in court one party was building. And you know that once it comes to building, Capital Territory comes in. We are not concerned about whoever owns the property or whatever but that there was a structure going on why the case is in court."