Court Slams Enugu Govt's Illegal Takeover Of Orba International Market, Dissolution Of Market Traders' Association 

... Awards N1 million damages 

An Enugu High Court has condemned the illegal takeover of Orba International Market, in Udenu Local Government, owned by a private company as well as the dissolution of the market traders' association by the state government.

The court further described the state government's action as illegal, null and void and of no effect, whatsoever and awarded N1 million damages in favour of the traders.

The court, presided over by Justice Comfort Chinyere Ani, in its judgement noted that replacing the elected executive of the union with a care-taker committee by the government was not only unconstitutional and voided the action.

Justice Ani, sitting at Obollo Afor, in her judgement order, stressed that the market is a private venture, duly registered at the Corporate Affairs Commission, Abuja, with an elected leadership of it's market traders association, hence it was not under the control and influence of the state government.

According to the Certified True Copy, CTC, of the judgement in suit number OB/02/2025, Justice Ani, regretted that the state government dissolved the OMMATA leadership, despite an earlier interlocutory injunction restraining it or its representatives or assigns from either dissolving the traders' association or replacing it with a care- taker committee, noting that it was illegal to interfer in the internal affairs of the leadership of Orba Modern Market Amalgamated Traders Association, OMMATA. 

The injunction against such dissolution in suit number OB/59/2024, was given on December 10, 2024.

The restraining 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.

After 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."