Court awards N1m damages against Enugu State govt over “illegal, unconstitutional” takeover of Orba International Market, dissolution of traders’ association
From Ogbu Nweke, Nsukka
An Enugu High Court has awarded a N1m damages against Enugu State government for what the court condemned as “illegal takeover of the Orba International Market”, owned and operated by a private company in Udenu Local Government Area of the State.
The also inveighed against the dissolution of the market traders association and replacement of the elected executive of the union with a care-taker committee appointed by the state government in violation of the extant law of the State guiding the operation of such markets.
The court was particularly irked by the Enugu State government’s disobedience of its interlocutory injunction restraining it or its representatives or assigns from either replacing the association with a care- taker committee, interfering in the affairs of the leadership of Orba Modern Market Amalgamated Traders Association (OMMATA), describing the action as “illegal, null and void and of no effect, whatsoever”.
The court presided over by Justice Comfort Chinyere Ani, sitting at Obollo Afor, in its judgement order, noted that the market is a private venture, duly registered with the Corporate Affairs Commission, Abuja, with an elected leadership of its market traders association and, therefore, not under the control and influence of the state government.
According to the Certified True Copy (CTC), of the judgment in suit number OB/02/2025, Justice Ani regretted that the state government dissolved the OMMATA leadership, despite an earlier injunction against such action in suit number OB/59/2024 made on December 10, 2024.
The restraining interlocutory order had barred the state government/respondents by themselves, agents and privies or whosoever described from interfering in the collection, management and control of Limos Fund of Orba Modern Market Association or usurping the office, functions, and rights of the plaintiffs/ applicants as Line Reps of OMMATA, pending the determination of the suit.
The plaintiffs included the Chairman of OMMATA, Messrs Brendan Ugwu, Osita Eze, Chima Ugwu, for themselves and on behalf of the executive and members of OMMATA, while the defendants included the Chairman of the Market Care- taker Committee, Emmanuel Nnadi, Eugene Ifeanyi Ozioko, Obinna Eze, Augustine Ezugwu, as well as those claiming to have been constituted as Care- taker Committee of OMAMATA.
Reviewing the case, Justice Ani said: “This Court hereby adjudges as follows: It is hereby declared that the leadership of OMMATA remains with the elected Executives headed by by the first plaintiff as its chairman as emerged from the election of September 22, 2023, until the expiration of the four- year term of office.
“It is hereby declared that the defendants’ alleged position of care-taker committee of OMMATA is unlawful, illegal and unconditional, in the affairs of the association and therefore, null and void.
“The defendants are hereby perpetually restrained by themselves, agents, privies or howsoever described from interfering with or interjecting in the collection, management and control of funds of OMMATA, or howsoever, usurping the offices/ functions and rights of the plaintiffs as the Executives of OMMATA in the guise of care-taker committee of the association. The sum of N1 million is awarded against the defendants jointly in favour of the plaintiffs jointly as damages.”
