IN THE HIGH COURT OF ENUGU STATE OF NIGERIA

IN THE ENUGU JUDICIAL DIVISION

HOLDEN AT ENUGU
SUIT NO: E/502/16

BETWEEN

ENUGU STATE HOUSING DEVELOPMENT PLAINTIFF

CORPORATION

AND

1. BRIDGEWAYS DPG LIMITED DEFENDANTS

2. ENUGU BRICKS AND CLAY PRODUCTS LTD

STATEMENT OF DEFENCE

SAVE AND EXCEPT as hereinafter expressly admitted, the Defendant denies each and
every allegation of fact contained in the Plaintiff Statement of Claim as if such
allegation were herein set out and traversed seriatim.

1. The 1st Defendant is a private Limited Liability Company incorporated in Nigeria

and had its name changed from Siljay Concepts Limited to Bridgeways DPG
Limited via a special resolution approved by the Corporate Affairs Commission.
The Certificate of the said change of name is hereby pleaded.
2. The 2nd Defendant is a Limited Liability Company incorporated as a special
purpose vehicle for the purpose of unbundling the Nigerian Bricks and Clay
Products Limited. The Federal Government of Nigeria through the Ministry of
Solid Minerals Development was the original owner of its 100% Shares now
transferred to the 1st Defendant via Share Sale/Purchase Agreement dated 8th
November, 2005. The Share Sale/Purchase Agreement is hereby pleaded.
3. The 1st Defendant consequent upon an advertisement for tender by the Bureau
of Public Enterprises acquired the majority equity in the shares of Enugu Bricks
and Clay Products Limited formerly Nigerian Bricks and Clay Products Limited vide
the pleaded Share Sale/Purchase Agreement.
4. Federal Government of Nigeria through the Ministry of Solid Minerals
Development was the original owners of the 100% issued share capital of the
Enugu Bricks and Clay Products Limited.
5. The Certificate of Occupancy to the land housing the bricks factory and the clay
site was issued originally to the Nigerian Mining Corporation that managed the
factory. The said Certificate of Occupancy is hereby pleaded.
6. The Federal Government had through the Bureau of Public Enterprises pursuant
to Section 1(2) Public Enterprises (Privatization and Commercialization) Act Cap
P38 2004, divested its holdings in the bricks factory.
7. Consequently following a competitive tender process for the selection of a
Strategic/Core Investor undertaken by Bureau of Public Enterprises the 1 st
Defendant after a successful bidding for the Shares, the National Council on
Privatization (NCP) acting pursuant to Section 4 of the Public Enterprises
(Privatization and Commercialization) Act Cap P38 2004 in its meeting held on the
28th June, 2005 authorized Bureau of Public Enterprises to sell the 3, 000, 000
issued Share Capital of the 2 nd Defendant at the rate of N16. 67K per Share to the
1st Defendant.
8. The bricks factory is situate in large expanse of land measuring approximately
6.964 hectares while the Clay site meant for the extraction of raw materials for
the production of burnt bricks is situate in another large expanse of land
measuring approximately 21.919 hectares.
9. The bricks factory is fenced with asphalted drive way, packing area, stacking yard
for finished goods while the Clay site as well is fenced and is used for open-cast
mining of alluvial clay, extraction of raw materials used for bricks production.
10. The 1st Defendant upon acquisition of the 2 nd Defendant took over the production
of the burnt bricks which is the purpose for which the bricks factory was created,
employed new staff and adopted the existing staff of the company and took steps
at revitalizing and refurbishing the company.
11. The 1st Defendant brought in foreign partners that inspected the facilities on
ground and requested for the replacement of the obsolete ones.
12. That the 1st Defendant constructed fence that replaced the wire gauze which
originally was used in fencing around the bricks factory, refurbished and replaced
obsolete machineries at the bricks factory.
13. While the bricks factory is located a kilometer away from the Port Harcourt
express road the clay site is located by the roadside leading to Enugu town while
coming from Port Harcourt.
14. The Managing Director, the Vice President Business Development of the 1 st
Defendant in the person of Mr. James Onyemenam and Mr. Dele Ogunba of the
 1st Defendant and a team of the 1 st Defendant’s Technical Partners from Turkey
visited the bricks factory on the 29 th day of June 2016 and met right inside the
bricks factory persons that introduced themselves as officials of the Plaintiff one
of them identified himself as Mr. Val Neboh, the Director of Estate Services.
15. The said Mr. Val Neboh told them that they came to the bricks factory to inspect
the surrounding environment to it in reaction the Managing Director of the 1 st
Defendanttold them about challenges of power failure they experience in the
factory the said officials requested him to approach the Enugu State Government
for assistance and they exchanged business cards.
16. Precisely on the 15th of July, 2016 the Managing Director of the 1st Defendant
received a telephone call to the effect that the Plaintiff invaded the
1stDefendant’s bricks factory and clay site with bulldozers accompanied with
armed mobile Police men.
17. Immediately Managing Director of the 1 st Defendant placed telephone call across
to the said Mr. Neboh on the information he received but Mr. Nebo denied
knowledge of the action and requested for him time to investigate information
and revert back to them but he never did.
18. Managing Director of the 1st Defendant contacted the Company Lawyer based in
Enugu in person of Barr. Amadi Magnus C. through telephone on the 15 th day of
July, 2016 and requested him to visit the factory to confirm the information and
he did confirm it to be true.
19. The 1st Defendant lawyer confirmed that the Plaintiff mounted a sign post that
indicates that the Enugu State Government has proposed and constituted the
bricks factory and clay site respectively housing estate and mounted sign post in
each of them.
20. He also confirmed that the Plaintiff stationed Police Hilux van inside the bricks
factory and clay site with armed Police men that guard and monitor the ingress
and egress of persons into the bricks factory.
21. The 1st Defendant lawyer confirmed that about three bulldozers were inside the
bricks factory and clay site clearing, pulling down existing structures and leveling
the entire place.
22. The 1st Defendant lawyer took pictures of the present state of the bricks factory
and the Clay site together with the mounted sign posts at the bricks factory and
the clay site respectively and bulldozers at work therein. The said pictures of the
sign post at the bricks factory, clay site and others are hereby pleaded.
23. The villagers had field days carting away already produced bricks from the bricks
factory while valuable machineries and equipment of the 1 st Defendant
compulsorily acquired by the Plaintiff. Some pictures of the bricks carted and
kept in some homes of the villages were taken and they are hereby pleaded.
24. The Managing Director and the Vice President Business Development of the 1 st
Defendant visited the factory on the 29th day of June, 2016??? but were denied
access into the bricks factory or the clay site by the armed Policemen.
25. The Plaintiff destroyed the iron-gate fixed by the 1 st Plaintiff and replaced it with
another one they just fixed newly. A picture of the new gate and impression of
the old one they destroyed is hereby pleaded.
26. Since the forceful takeover of the bricks factory and the Clay site the presence of
the armed mobile Police men stationed at the factory has restrained the
Defendants from entrance into the bricks factory and the clay site respectively.
27. The Plaintiff did not acquire the adjoining lands to either the bricks factory or the
clay site but they acquired only the lands housing the bricks factory and the clay
site together with equipment and machineries belonging to the Defendants.
28. Major components of the bricks factory destroyed by the Plaintiff upon their
compulsory acquisition of the bricks factory and the clay site is the kiln which is
the oven used in baking the bricks and very expensive to construct. The picture of
the said kiln is hereby pleaded.
29. Copies of pictures of the bricks factory upon purchase and after revitalization are
hereby pleaded.
30. The original company that constructed the bricks factory formerly known as
Nigerian Bricks and Clay Products Ltd is Keller HCW Gmbh and for the purposes of
the vandalization done to the factory the 1 st Defendant consulted it and
requested it to quote the cost of constructing a new Bricks factory of the same
capacity with the one now vandalized by the Plaintiff and they quoted it. A copyof
the quotation is hereby pleaded.
31. The cost of restoring the factory to its status quo ante bellum as quoted by the
company that originally constructed it is (7, 950, 000. 00 Euro) Seven Million Nine
Hundred and Fifty Thousand Euros approximately (N3, 500, 000, 000. 00) Three
Billion Five Hundred Million Naira Only.
32. The list of items in the bricks factory prior to the vandalization and takeover of
the bricks factory by the Plaintiff are as contained in the schedule titled list of
buildings and equipment in the factory. The list is hereby pleaded.
33. Some of the items listed in the attached list are different from the one covered by
the quotation given by the company that constructed the bricks factory originally
and they include the list hereby attached and pleaded.

34. The Plaintiff neither served the Defendants nor the Nigerian Mining Corporation
or Bureau of Public Enterprises any notice on what they are doing in the bricks
factory, any revocation Notice prior to the compulsory acquisition and outright
takeover of the bricks factory and clay site forcefully nor compensated the
Defendants or Nigerian Mining Corporation on the improvements on the land or
otherwise.

35. The Plaintiff has not served on the Defendants or the Nigerian Mining
Corporation notice of breach of any terms or covenants in the Certificate of
Occupancy prior to their action on the bricks factory and clay site respectively.

36. There is no valid or any revocation notice served on either the Defendants or the
Nigerian Mining Corporation or any other body or person with respect to the
Certificate of Occupancy granted over the lands housing the bricks factory and
the clay site respectively.

37. Loss and damages suffered by the Defendants is enormous considering the
damages done to the various vital components of the factory as actions of the
Plaintiff has foist on the Defendants situation of hopelessness and caused them
to breach major term of subsisting contract between them and their Turkish
Technical Partners.

38. The Defendants upon confirmation of the damages done to the Bricks factory and
the clay site respectively briefed their lawyer that commenced fundamental
rights proceedings against the Plaintiff and three others before the Federal High
Court Enugu Division sitting then on vacation at Port Harcourt Division of the
Federal High Court and parties were served with the processes of the Court and
they entered appearances. The processes of the Defendants and Plaintiff are
hereby pleaded.

39. As at the time the fundamental rights enforcement proceeding was initiated
newly at the Federal High Court the Plaintiff has not destroyed or sold out the
land housing the bricks factory and the clay site rather they neglected the
processes and went ahead and destroyed the remains of the bricks factory,
 partitioned the various lands into plots and sold them out to unsuspecting
citizens that are ignorant of subsisting interests of the Defendants and the
Nigerian Mining Corporation over the movable and immovable property of the
company.

40. One Engr. Ezeh Godfrey informed the Vice President of Business Development of
the 1st Defendant right inside the law firm of A.C Magnus and Associates at Suite
D6 Goshen Plaza Okpara Avenue GRA Enugu on the 30 th day of August, 2016 at
about 4.00pm as follows:

a. That he heard about radio announcement sponsored by the Plaintiff

concerning the Ultra Modern Housing Estate at Akegbe-ugwu and he visited
the place and therein collected telephone number placed there for enquiry
and contacted the owner who confirmed himself as the Mr. ObioraOnu the
Director Marketing Department.
b. That the said Director Marketing told him that the lands are classified into
commercial and residential of 1000 sqm. and 700 sqm respectively at the rate
of N10, 000, 000. 00 and N7, 000, 000. 00 Ten Million Naira and Seven Million
Naira only respectively.
c. That the Director asked him to apply in writing for allocation of plots of lands
if he is interested and he applied in writing on the 29 th day of August, 2016.
The copy of his application for allocation of plots of lands received by the
Plaintiff on the same date which he gave to me. The application is hereby
pleaded.
d. That he would no longer continue with the process of allocation of the plots
because of the knowledge of the pending suit at the Federal High Court
between the Defendants and the Plaintiff and the interest of the Nigerian
Mining Corporation too over the lands.
41. The Plaintiff has since allocated all the lands housing the bricks factory and the
Clay site respectively despite the pending application at the Federal High and
thereafter seeks this Honorable Court to restrain the Defendants from
challenging their executive impunity and acts of trespass.
42. The Defendants deny paragraph 5 of the Plaintiff’s Statement of Claim and as
answer to it aver that the lands housing both the bricks factory and the clay site
were owned by individual families from Akegbe-ugwu and Amofia Communities
and as deemed holders of right of occupancy over the said lands they donated
 same to then Federal Ministry of Solid Minerals Development. The Survey Plan
containing list of the land owners and portion of land donated is hereby pleaded.
43. In further denial of the said paragraph 5 Mr. Titus Ngene who is formerly a staff
of Nigerian Mining Corporation and now retained by the 1 st Defendant deposed
to a statement on oath and same is hereby pleaded.
44. The Defendants deny paragraph 8 of the Plaintiff’s Statement of Claim and in
reply aver that the Nigerian Mining Corporation is still the owner of the lands
and did not transfer any possession to the Defendant rather the 2nd Defendant
has been in possession of the said land previously under several successive
governments in Enugu State without complaint of breach of any clause in the said
Certificate of Occupancy.
45. The Defendants deny paragraph 9 of the Plaintiff’s Statement of Claim and in
further denial of both paragraph 8 and 9 of the same statement of claim the
Defendants aver that the Plaintiff has not served any notice of such breach to
either the Defendants or the grantee of the Certificate of Occupancy, Nigerian
Mining Corporation prior to the compulsory acquisition of the said movable and
immovable property now in dispute.
46. The Defendants deny paragraph 10 of the Plaintiff’s Statement of Claim and in
answer to it aver that bricks factory is a going concern such that it has been in the
production of burnt bricks ever before the privatization and till date having
supplied bricks that were used in the construction of Trans-Ekulu Housing Estate,
Wuse Market in Abuja etc. and lists of other business transactions of the
Defendants prior to privatization and after are as contained in statement on oath
of Mr. Jonathan Ani annexed to this statement of Defence.
47. That in further denial of the said paragraph 10 the Defendants aver that the
premises did not fall into any disuse as the factory was a going concern and the
presence of the staff of the Defendants cannot be described kidnappers, armed
robbers, rapists as painted by the Plaintiff as no such allegation pending before
any Police Station in Nigeria, see further the Statement on Oath of Ngene Titus
already pleaded.
48. The Defendants deny paragraph 11 of the Plaintiff’s Statement of Claim in answer
to it the Defendants aver that there was no notice of such breaches served on
either the Defendants or the grantee of the Certificate of Occupancy. In further
denial the Defendants aver that the Plaintiff till date has not served on either the
Defendants or the grantee of the Certificate of Occupancy valid Notice of
 Revocation rather the grantee of the Certificate of Occupancy received on the
12th day of August, 2016 information that their statutory right of occupancy has
been revoked and not notice in advance prior to the revocation. The said notice is
hereby pleaded.
49. The Defendants deny paragraph 12 of the Plaintiff’s Statement of Claim and in
reply to it state that the allocation paper cannot validly allocate the land to the
Plaintiff as the Certificate of Occupancy granted to the Nigerian Mining
Corporation over the same lands is still subsisting as it has not been validly
revoked.
50. The Defendants deny paragraph 13 of the Plaintiff’s Statement of Claim in answer
the Defendants aver that the pleaded Certificate of Occupancy cannot confer title
on the Plaintiff as the subsisting Certificate of Occupancy granted to the Nigerian
Mining Corporation over the same lands has not been validly revoked and in
further denial the Defendants aver that in the faces of the pleaded Certificates of
Occupancy purportedly granted the Plaintiff over the same lands and meant to
commence earlier that the purported notice of revocation cannot confer any title
over the lands to the Plaintiff.
51. The Defendants deny paragraph 14 of the Plaintiff’s Statement of Claim in answer
the Defendants aver that the staff of the Defendants cannot pass as hoodlums as
erroneously painted by the Plaintiff and in further denial the Defendants aver
that the premises of the bricks factory and clay site are neither abandoned or
desolate but were very busy operational prior to the compulsory acquisition of
same with impunity by the Plaintiff and their cohorts.
52. The Defendants deny paragraph 15 of the Plaintiff’s Statement of Claim in answer
the Defendants aver that all the Plaintiff has succeeded in doing is illegally
compulsorily acquired the robust bricks factory without due process of law.
53. The Defendants deny paragraph 16 of the Plaintiff’s Statement of Claim in answer
the Defendants aver that they are law abiding citizens and in proof of which they
took legal steps and initiated fundamental rights action at the Federal High Court,
Enugu against the Plaintiff and their cohorts over the infringement on their rights
to own movable immovable property and the action cannot be construed to
mean any threat of violence, obstruction, resistance or sabotage as painted by
the Plaintiff.
54. The Defendants deny paragraph 17 of the Plaintiff’s Statement of Claim and in
answer aver that they are law abiding citizens and would do no such thing as
 their interests over the lands supersede the interests of the Plaintiff over the
lands in dispute.
55. The Defendants deny paragraph 18 of the Plaintiff’s Statement of Claim in answer
the Defendants aver that the Plaintiff is not entitled to the Certificate of
Occupancy as their revocation did not follow due process and the subsequent
Certificate of Occupancy was granted and made to take effect when the
subsisting Certificate of Occupancy granted to Nigerian Mining Corporation could
not have been revoked by purported notice of revocation that came many
months after the Certificate of Occupancy was purportedly granted to the
Plaintiff.
56. In further denial to the said paragraph 18 the Defendants aver that the Plaintiff is
not entitled to the order of perpetual injunction restraining the Defendants or
any other person acting on the Defendants behalf.

COUNTERCLAIM

1. As a Counterclaim to the Plaintiff the Defendants repeat and adopt paragraphs 1-

41 of the Defendants’ Statement of Defence and wish to add the following.
2. AN ORDER OF MANDATORY INJUNCTION mandating the Plaintiff to reinstate the
Defendants’ Bricks Factory and Clay Site to its status ante bellum OR
ALTERNATIVELY pay to the Defendants the sum of Four Billion Naira (N 4, 000,
000, 000. 00) ONLY which is the worth of constructing a new one as quoted by
the original company that constructed the one vandalized.
3. AN ORDER OF MANDATORY INJUNCTION mandating the Plaintiff to pay the
Defendants the sum of One Billion (N 1, 000, 000, 000. 00)only the worth of
purchasing caterpillar and other lorries, water tanker, Mercedes Benz 911, and
other items listed not included in the ones the company quoted their cost which
the Plaintiff vandalized upon the illegal compulsory acquisition of the movable
and immovable property of the Defendants.
4. AN ORDER OF THE HONORABLE COURT mandating the Plaintiff to pay the
Defendants the sum of One Billion Naira (N 1, 000, 000, 000. 00) only as SPECIAL
DAMAGES for the illegal compulsory acquisition of their Bricks Factory and Clay
Site that resulted in their breach of contracts to their numerous customers.
5. AN ORDER OF THE HONORABLE COURT mandating the Plaintiff to pay the
Defendants the sum of Five Hundred Million Naira (N 500, 000, 000. 00) only as
GENERAL DAMAGES for the illegal compulsory acquisition of their Bricks Factory
 and Clay Site that resulted in their breach of contracts to their numerous
customers.
6. AN ORDER OF PERPETUAL INJUNCTION restraining the Plaintiff by themselves,
agents, servants, privies from interfering with or in any ,manner whatsoever
obstructing, disturbing and sabotaging the business of bricks production of the
Defendants.
7. AND FOR SUCH FURTHER OR OTHER ORDERS as the Honorable Court shall deem
fit to make in the circumstances of the case.

Dated this ---------day of ----------------2017

Chijioke Magnus Amadi Esq.

Arinze Simeon Esq,
Defendants Counsels,
A.C Magnus & Associates,
C/O G. OGBO & CO
SUITE D6 GOSHEN PLAZA
19 GARDEN AVENUE ENUGU
08034406060
FOR SERVICE ON:

The Respondent/Plaintiff
C/o their Counsel
Chief P.M.B. Onyia
Pp: P.M.B. Onyia& Co
Counsel to the Respondent/Plaintiff
No. 1 Awolowo Street
Uwani, Enugu.
 IN THE HIGH COURT OF ENUGU STATE OF NIGERIA
IN THE ENUGU JUDICIAL DIVISION
HOLDEN AT ENUGU
SUIT NO: E/502/16

BETWEEN

ENUGU STATE HOUSING DEVELOPMENT PLAINTIFF

CORPORATION

AND

1. BRIDGEWAYS DPG LIMITED DEFENDANTS

2. ENUGU BRICKS AND CLAY PRODUCTS LTD

WRITTEN STATEMENT ON OATH OF MR. OGUNBA DELE

I, Dele Ogunba, male, adult, Christian and Nigerian citizen of Plot 24 NiyiOkunbi Street,
Lekki Peninsula Scheme 1, Lagos State do hereby make oath and state as follows :
1. That I am the Vice President Business Development of the Defendants on record
in this suit and by virtue of my position am very conversant with the facts of this
case as I shall depose to in this affidavit.
2. That I was authorized by the Directors of the 1 st Defendant to depose to this
affidavit in their Board Meeting held at about 11am on the 24 th day of April, 2017
right inside their Corporate Head Office at Plot 24 NiyiOkunbi Street, Lekki
Peninsula Scheme 1, Lagos State for the purpose of reacting to suit of the
Plaintiff.
3. That the knowledge of the existence of this suit came to the Defendants through
the averments of the Plaintiff in a Counter Affidavit they filed in an ongoing
matter between them and the Defendants before the Federal High Court, Enugu.
4. That have I read written Statements on Oath of Mr. Ngene Titus who is one of the
land owners that donated the lands housing the bricks factory and the clay site
and Mr. Ani Jonathan are former staff of the Nigerian Mining Corporation and
later retained by the 1 st Defendant I totally agree with them in addition I wish to
add the following.
5. The 1st Defendant is a private Limited Liability Company incorporated in Nigeria
and had its name changed from Siljay Concepts Limited to Bridgeways DPG
 Limited via a special resolution approved by the Corporate Affairs Commission.
The Certificate of the said change of name is hereby pleaded.
6. The 2nd Defendant is a Limited Liability Company incorporated as a special
purpose vehicle for the purpose of unbundling the Nigerian Bricks and Clay
Products Limited. The Federal Government of Nigeria through the Ministry of
Solid Minerals Development was the original owner of its 100% Shares now
transferred to the 1st Defendant via Share Sale/Purchase Agreement dated 8th
November, 2005. The 1st Defendant and its Shareholders are Shareholders of the
2nd Defendant. The Share Sale/Purchase Agreement is hereby pleaded.
7. The 1st Defendant consequent upon an advertisement for tender by the Bureau
of Public Enterprises acquired the majority equity in the shares of Enugu Bricks
and Clay Products Limited formerly Nigerian Bricks and Clay Products Limited vide
the pleaded Share Sale/Purchase Agreement.
8. Federal Government of Nigeria through the Ministry of Solid Minerals
Development was the original owners of the 100% issued share capital of the
Enugu Bricks and Clay Products Limited.
9. The Certificate of Occupancy to the land housing the bricks factory and the clay
site was issued originally to the Nigerian Mining Corporation that managed the
bricks factory prior to the privatization exercise of the Federal Government. The
said Certificate of Occupancy is hereby pleaded.
10. The Federal Government had through the Bureau of Public Enterprises pursuant
to Section 1(2) Public Enterprises (Privatization and Commercialization) Act Cap
P38 2004, divested its holdings in the 2nd Defendant.
11. Consequently following a competitive tender process for the selection of a
Strategic/Core Investor undertaken by Bureau of Public Enterprises after a
successful bidding for the Shares, the National Council on Privatization (NCP)
acting pursuant to Section 4 of the Public Enterprises (Privatization and
Commercialization) Act Cap P38 2004 in its meeting held on the 28 th June, 2005
authorized Bureau of Public Enterprises to sell the 3, 000, 000 issued Share
Capital of the 2nd Defendant at the rate of N16. 67K per Share to the 1 st
Defendant.
12. The bricks factory is situate in large expanse of land measuring approximately
6.964 hectares while the Clay site meant for the extraction of raw materials for
the production of burnt bricks is situate in another large expanse of land
measuring approximately 21.919 hectares.
13. The bricks factory is fenced with asphalted drive way, packing area, stacking yard
for finished goods while the Clay site as well is fenced and is used for open-cast
mining of alluvial clay, extraction of raw materials used for bricks production.
14. The 1st Defendant upon acquisition of the 2 nd Defendant took over the production
of the burnt bricks which is the purpose for which the bricks factory was created,
employed new staff and adopted the existing staff of the company and took steps
at revitalizing and refurbishing the company.
15. The 1st Defendant brought in foreign partners that inspected the facilities on
ground and requested for the replacement of the obsolete ones.
16. That the 1st Defendant constructed fence that replaced the wire gauze which
originally was used in fencing around the bricks factory, refurbished and replaced
obsolete machineries at the bricks factory.
17. While the bricks factory is located a kilometer away from the Port Harcourt
express road the clay site is located by the roadside leading to Enugu town while
coming from Port Harcourt.
18. The Managing Director of the 1st Defendant in the person of Mr. James
Onyemenam and myself together with a team of the 1 st Defendant’s Technical
Partners from Turkey visited the bricks factory on the 29 th day of June and met
right inside the bricks factory persons that introduced themselves as officials of
the Plaintiff one of them identified himself as Mr. Val Neboh, the Director of
Estate Services.
19. The said Mr. Val Neboh told us that they came to the bricks factory to inspect the
surrounding environment to the bricks factory in reaction the Managing Director
of the 1st Defendanttold them about challenges of power failure we experience in
the factory the officials requested us to approach the Enugu State Government
for assistance and we exchanged business cards.
20. Precisely on the 15th of July, 2016 the Managing Director of the 1st Defendant
received a distress telephone call to the effect that the Plaintiff invaded the
1stDefendant’s bricks factory and clay site with bulldozers accompanied with
armed mobile Police men.
21. Upon receipt of the distress telephone call the Managing Director of the 1 st
Defendant intimated me of the development at the bricks factory and I placed
telephone call across to the said Mr. Neboh on the information we received but
Mr. Nebo denied knowledge of the action and requested me to give him time to
investigate the information and revert to us but he never did.
22. Managing Director of the 1st Defendant contacted the Company Lawyer based in
Enugu in person of Barr. Amadi Magnus C. through telephone on the 15 th day of
July, 2016 and requested him to visit the factory to confirm the information and
he did confirm it to be true.
23. The 1st Defendant lawyer confirmed that the Plaintiff mounted a sign post that
indicates that the Enugu State Government has proposed and constituted the
bricks factory and clay site respectively housing estate.
24. He also confirmed that the Plaintiff stationed Police Hilux van inside the bricks
factory and clay site with armed Police men that guard and monitor the ingress
and egress of persons into the bricks factory.
25. The 1st Defendant lawyer confirmed that about three bulldozers were inside the
bricks factory and clay site clearing, pulling down existing structures and leveling
the entire places.
26. The 1st Defendant lawyer took pictures of the present state of the bricks factory
and the Clay site together with the mounted sign posts at the bricks factory and
the clay site respectively and bulldozers at work therein. The said pictures of the
sign post at the bricks factory, clay site and others are hereby pleaded.
27. The villagers had field days carting away already produced bricks from the bricks
factory while valuable machineries and equipment of the 1 st Defendant
compulsorily acquired by the Plaintiff. Some pictures of the bricks carted and
kept in some homes of the villages were taken and they are hereby pleaded.
28. The Managing Director of the 1st Defendant and me visited the factory on the 19 th
day of July, 2016 but we were denied access into the bricks factory or the clay
site by the armed Policemen.
29. The Plaintiff destroyed the iron-gate fixed by the 1 st Defendant and replaced it
with another one they fixed newly. A picture of the new gate and impression of
the old one they destroyed is hereby pleaded.
30. Since the forceful takeover of the bricks factory and the Clay site the presence of
the armed mobile Police men stationed at the factory has restrained the
Defendants from entrance into the bricks factory and the clay site respectively.
31. The Plaintiff did not acquire the adjoining lands to either the bricks factory or the
clay site but they acquired only the lands housing the bricks factory and the clay
site together with equipment and machineries belonging to the Defendants.
32. Major components of the bricks factory destroyed by the Plaintiff upon their
compulsory acquisition of the bricks factory and the clay site is the kiln which is
 the oven used in baking the bricks and very expensive to construct. The picture of
the said kiln is hereby pleaded.
33. Copies of pictures of the bricks factory upon purchase and after revitalization and
during its vandalizationare hereby pleaded.
34. The original company that constructed the Enugu Bricks and Clay Products
Limitedfactory formerly known as Nigerian Bricks and Clay Products Ltd is Keller
HCW Gmbh and for the purposes of the vandalization done to the factory the 1 st
Defendant consulted it and requested it to quote the cost of constructing a new
Bricks factory of the same capacity with the one now vandalized by the Plaintiff
and they quoted it. A copy the quotation is hereby pleaded.
35. The cost of restoring the factory to its status quo ante bellum as quoted by the
company that originally constructed it is (7, 950, 000. 00 Euro) Seven Million Nine
Hundred and Fifty Thousand Euros approximately (N4, 000, 000, 000. 00) Four
Billion Naira Only.
36. The list of items in the bricks factory prior to the vandalization and takeover of
the bricks factory by the Plaintiff are as contained in the schedule titled list of
buildings and equipment in the factory. The list is hereby pleaded.

37. Some of the items listed in the attached list are different from the one covered by
the quotation given by the company that constructed the bricks factory originally
and they include the list hereby attached and pleaded and they worth One Billion
Naira (N 1, 000, 000, 000. 00) only.

38. The Plaintiff neither served the Defendants nor the Nigerian Mining Corporation
or Bureau of Public Enterprises any notice on what they are doing in the bricks
factory, any revocation Notice prior to the compulsory acquisition and outright
takeover of the bricks factory and clay site forcefully nor compensated the
Defendants or Nigerian Mining Corporation on the improvements on the land or
otherwise.

39. The Plaintiff has not served on the Defendants or the Nigerian Mining
Corporation notice of breach of any terms or covenants in the Certificate of
Occupancy prior to their action on the bricks factory and clay site respectively.

40. There is no valid or any revocation notice served on the either the Defendants or
the Nigerian Mining Corporation or any other body or person with respect to the
 Certificate of Occupancy granted over the lands housing the bricks factory and
the clay site respectively.

41. Loss and damages suffered by the Defendants is enormous considering the
damages done to the various vital components of the factory as actions of the
Plaintiff has foist on the Defendants situation of hopelessness and caused them
to breach major term of subsisting contract between them and their Turkish
Technical Partners and their other numerous customers they were meant to
supply bricks whose documents of transactions are among what the Plaintiff
vandalized.

42. The Defendants upon confirmation of the damages done to the Bricks factory and
the clay site respectively briefed their lawyer that commenced fundamental
rights proceedings against the Plaintiff and three others before the Federal High
Court Enugu Division sitting then on vacation at Port Har Court Division of the
Federal High Court and parties were served with the processes of the Court and
they entered appearances. The processes of the Defendants and Plaintiff are
hereby pleaded.

43. As at the time the fundamental rights enforcement proceeding was initiated
newly at the Federal High Court the Plaintiff has not destroyed or sold out the
land housing the bricks factory and the clay site rather they neglected the
processes and went ahead and destroyed the remains of the bricks factory,
partitioned the various lands into plots and sold them out to unsuspecting
citizens that are ignorant of subsisting interests of the Defendants and the
Nigerian Mining Corporation over the movable and immovable property of the
company.

44. One Engr. Ezeh Godfrey informed me right inside the law firm of A.C Magnus and
Associates at Suite D6 Goshen Plaza Okpara Avenue GRA Enugu on the 30 th day of
August, 2016 at about 4.00pm as follows:

e. That he heard about radio announcement sponsored by the Plaintiff

concerning the Ultra Modern Housing Estate at Akegbe-ugwu and he visited
the place and therein collected telephone number placed there for enquiry
and contacted the owner who confirmed himself as the Mr. ObioraOnu the
Director Marketing Department.
 f. That the said Director Marketing told him that the lands are classified into
commercial and residential of 1000 sqm. and 700 sqm respectively at the rate
of N10, 000, 000. 00 and N7, 000, 000. 00 Ten Million Naira and Seven Million
Naira only respectively.
g. That the Director asked him to apply in writing for allocation of plots of lands
if he is interested and he applied in writing on the 29 th day of August, 2016.
The copy of his application for allocation of plots of lands received by the
Plaintiff on the same date which he gave to me. The application is hereby
pleaded.
h. That he would no longer continue with the process of allocation of the plots
because of the knowledge of the pending suit at the Federal High Court
between the Defendants and the Plaintiff and the interest of the Nigerian
Mining Corporation too over the lands.
45. The Plaintiff has since allocated all the lands housing the bricks factory and the
Clay site respectively despite the pending application at the Federal High and
thereafter seeks this Honorable Court to restrain the Defendants from
challenging their executive impunity and acts of trespass.
46. The Defendants deny paragraph 5 of the Plaintiff’s Statement of Claim and as
answer to it aver that the lands housing both the bricks factory and the clay site
were owned by individual families from Amagu village in Akegbe-ugwu
Community and as deemed holders of right of occupancy over the said lands they
donated same to then Federal Ministry of Solid Minerals Development. The
Survey Plan containing list of the land owners and portion of land donated is
hereby pleaded.
47. In further denial of the said paragraph 5 Mr. Titus Ngene who is formerly a staff
of Nigerian Mining Corporation and now retain by the 1 st Defendant deposed to a
statement on oath and same is hereby pleaded.
48. The Defendants deny paragraph 8 of the Plaintiff’s Statement of Claim and in
reply aver that the Nigerian Mining Corporation is still the owner of the lands and
did not transfer any possession to the Defendant rather the 2 nd Defendant has
been in possession of the said land previously under several successive
governments in Enugu State without complaint of breach of any clause in the said
Certificate of Occupancy.
49. The Defendants deny paragraph 9 of the Plaintiff’s Statement of Claim and in
further denial of both paragraph 8 and 9 of the same statement of claim the
 Defendants aver that the Plaintiff has not served any notice of such breach to
either the Defendants or the grantee of the Certificate of Occupancy, Nigerian
Mining Corporation prior to the compulsory acquisition of the said movable and
immovable property now in dispute.
50. The Defendants deny paragraph 10 of the Plaintiff’s Statement of Claim and in
answer to it aver that the bricks factory is a going concern such that it has been in
the production of burnt bricks ever before the privatization and till date of the
vandaLlizationhaving supplied bricks that were used in the construction of Trans-
Ekulu Housing Estate, Wuse Market in Abuja etec and lists of other business
transactions of the Defendants prior to privatization and after are as contained in
statement of oath of Mr. Jonathan Ani annexed to this statement of Defence.
51. That in further denial of the said paragraph 10 the Defendants aver that the
premises did not fall into any disuse as the bricks factory was a going concern and
the presence of the staff of the Defendants cannot be described as kidnappers,
armed robbers, rapists as painted by the Plaintiff as no such allegation is pending
before any Police Station in Nigeria, see further the Statement on Oath of Ngene
Titus already pleaded.
52. The Defendants deny paragraph 11 of the Plaintiff’s Statement of Claim in answer
to it the Defendants aver that there was no notice of such breaches served on
either the Defendants or the grantee of the Certificate of Occupancy. In further
denial the Defendants aver that the Plaintiff till date has not served on either the
Defendants or the grantee of the Certificate of Occupancy valid Notice of
Revocation rather the grantee of the Certificate of Occupancy received on the
12th day of August, 2016 information that their statutory right of occupancy has
been revoked and not notice in advance prior to the revocation. The said notice is
hereby pleaded.
53. The Defendants deny paragraph 12 of the Plaintiff’s Statement of Claim and in
reply to it states that the allocation paper cannot validly allocate the land to the
Plaintiff as the Certificate of Occupancy granted to the Nigerian Mining
Corporation over the same lands is still subsisting as it has not been validly
revoked.
54. The Defendants deny paragraph 13 of the Plaintiff’s Statement of Claim in answer
the Defendants aver that the pleaded Certificate of Occupancy cannot confer title
on the Plaintiff as the subsisting Certificate of Occupancy granted to the Nigerian
Mining Corporation over the same lands has not been validly revoked and in
 further denial the Defendants aver that in the faces of the pleaded Certificates of
Occupancy purportedly granted the Plaintiff over the same lands and meant to
commence earlier that the purported notice of revocation cannot confer any title
over the lands to the Plaintiff.
55. The Defendants deny paragraph 14 of the Plaintiff’s Statement of Claim in answer
the Defendants aver that the staff of the Defendants cannot pass as hoodlums as
erroneously painted by the Plaintiff and in further denial the Defendants aver
that the premises of the bricks factory and clay site are neither abandoned or
desolate but were very busy operational prior to the compulsory acquisition of
same with impunity by the Plaintiff and their cohorts.
56. The Defendants deny paragraph 15 of the Plaintiff’s Statement of Claim in answer
the Defendants aver that all the Plaintiff has succeeded in doing is illegally
compulsorily acquired the robust bricks factory without due process of law.
57. The Defendants deny paragraph 16 of the Plaintiff’s Statement of Claim in answer
the Defendants aver that they are law abiding citizens and in proof of which they
took legal steps and initiated fundamental rights action at the Federal High Court,
Enugu against the Plaintiff and their cohorts over the infringement on their rights
to own movable immovable property and the action cannot be construed to
mean any threat of violence, obstruction, resistance or sabotage as painted by
the Plaintiff.
58. The Defendants deny paragraph 17 of the Plaintiff’s Statement of Claim and in
answer aver that they are law abiding citizens and would do no such thing as
their interests over the lands supersede the interests of the Plaintiff over the
lands in dispute.
59. The Defendants deny paragraph 18 of the Plaintiff’s Statement of Claim in answer
the Defendants aver that the Plaintiff is not entitled to the Certificate of
Occupancy as their revocation did not follow due process and the subsequent
Certificate of Occupancy was granted and made to take effect when the
subsisting Certificate of Occupancy granted to Nigerian Mining Corporation could
not have been revoked by purported notice of revocation that came many
months after the Certificate of Occupancy was purportedly granted to the
Plaintiff.
60. In further denial to the said paragraph 18 the Defendants aver that the Plaintiff is
not entitled to the order of perpetual injunction restraining the Defendants or
any other person acting on the Defendants behalf.
 61. The Defendants reliefs are as prayed in their Counterclaim to the Plaintiff’s Claim.
62. That it shall serve the best interest of justice to grant all the Defendants prayers
as contained in their Counterclaim.
63. That I make this oath in good faith believing all the content to be true and correct
in accordance with the Oath Act currently in force.

----------------------

DEPONENT

Sworn to at the Enugu State High Court

Registry, Enugu.This -----------day of ---------------2017

BEFORE ME

COMMISSIONER FOR OATHS

 IN THE HIGH COURT OF ENUGU STATE OF NIGERIA
IN THE ENUGU JUDICIAL DIVISION
HOLDEN AT ENUGU
SUIT NO: E/502/16

BETWEEN

ENUGU STATE HOUSING DEVELOPMENT PLAINTIFF

CORPORATION

AND

1. BRIDGEWAYS DPG LIMITED DEFENDANTS

2. ENUGU BRICKS AND CLAY PRODUCTS LTD

WRITTEN STATEMENT ON OATH OF MR. ANI JONATHAN

I, Ani Jonathan male, adult, Christian and Nigerian citizen of Umuokwo Village in
Akegbe-ugwuNkanu West Local Government Area, Enugu State do hereby make oath
and state as follows:
1. The Defendants are my employers I was originally employed by
Nigerian Mining Corporation sometime in 1978 as an Account Clerk
and posted to Jos Plateau State and my appointment was
confirmed in the year 1981. Copies of letter of my appointment and
confirmation are hereby pleaded.
2. That I was later promoted as an Assistant Accountant in the year
1987 and later as an Accountant in 1998 thereafter I was
transferred to Enugu Bricks as an Accountant. My letters of
promotion are hereby pleaded.
3. That consequent upon Federal Government of Nigeria privatization
policy the Nigerian Bricks and Clay Products Limited was unbundled
and Enugu Bricks and Clay Products Limited created out of it and
sold to the 1st Defendant that adopted me and other staff as their
staff on contract. Copy of letter of my appointment as a contract
staff to the 1st Applicant is hereby pleaded.
4. That when I was posted to Enugu Bricks I met already developed
factory very functional and viable with staff strength of over fifty
permanent staff and over forty casual staff, among the permanent
staff are the works manager Engr. E.N. Maduekwe, Production
Manager Mr. Augustine Abumuisi, Production Supervisor Mr. Ben
 Ugwuanyi, Cat Operator Mr. Emmanuel Orji, the Kiln Operators Mr.
Anthony Ugwu and Ngene Titus etc.
5. That Enugu Bricks participated prominently in the first Enugu made
in Nigerian Trade Fair in 1982 and came first as best local
manufacturing company of the Trade Fair and was awarded
contract based on this performance to supply bricks for the
construction of Trans-Ekulu Housing Estate in 1982 and the contract
was executed effectively.
6. That Enugu Bricks participated prominently in the Port Harcourt
made in Nigerian Trade Fair 1984 and came first as best local
manufacturing company of the Trade Fair and was awarded
contract based on this performance to supply bricks for the
construction of Finima relocation of the host Community Project for
N.N.L.G. gas and the contract was executed effectively in 1984 –
1987.
7. That Enugu Bricks was awarded the contract for the supply of bricks
for the construction of Wuse Market Project in Abuja and it
successfully executed it between the years 1987-1989.
8. That Enugu Bricks supplied all the bricks for the construction of
Akegbe-ugwu Girls Secondary School free of charge as part of its
corporate responsibility to the host community.
9. That Enugu Bricks supplied all the bricks for the construction of
Paschal Monastery Nike Enugu, Hope High School Abakiliki
sometime between the years 1989, 2004 and 2005 respectively.
10. That Enugu Bricks supplied bricks for the construction of numerous
houses in Enugu and beyond to include, Niko Hotels Ogui Road
Enugu, MTD Awkunanaw Police Station Enugu, Total Filing Station
at AkegbeUgwu.
11. That Enugu Bricks under the Defendants supplied the bricks for the
construction of Mammy Market Project of the Ikeja Cantonment of
Nigerian Army and many other supplies.
12. That the list of supplies made by Enugu Bricks both under Nigerian
Mining Corporation and the Defendants are endless but the one I
highlighted are among the most prominent the records and other
documents are among the things vandalized by the Plaintiff the
documents I attached herein are ones I found incidentally in my
personal file at home.
13. That I have copies of pictures taken at the bricks factory on many
occasions to include one of our end of year parties in 1997 and
during the visit of Honorable Minister of Solid
 MineralsDevelopment Hon.Dizieni Alison-Madueke. The pictures
are hereby pleaded.
14. That I have a photocopy of internal memo belonging to the 1 st
Defendant which represents their financial returns as at 2 nd day of
March, 2010 and photocopy copies of payrolls for Security men of
the 1st Applicant as at May 2010, June 2010, July 2010, August 2010,
November, 2010, March 2011 and April 2011 respectively which are
among the documents I found in my file at home. They are hereby
pleaded.
15. That I have copies of receipts of business transactions of the
Defendants and some of its customers and bank deposit slips and
tellers, NEPA Bills, documents of correspondence that ensured
between the Defendants and the NEPA and they are among the
documents I found in my personal file at home. They are hereby
pleaded.
16. That Enugu Bricks offered job opportunities to numerous indigenes
of Akegbe-ugwu and they trained their children from salary they
earned therefrom.
17. That Enugu Bricks used to be a Tourist Centre to both students of
Enugu and then old Anambra States and even beyond that visit the
factory on excursion.
18. That Enugu Bricks has been functional, viable and producing good
bricks till the Plaintiff invaded and vandalized the bricks factory and
the quarry site respectively sometime in July, 2016.
19. That I was among the first set of people that called the Managing
Director of the 1st Defendant on phone and informed him about the
invasion and vandalisation of the bricks factory and the clay site
without prior notice from the Plaintiff or any other person.
20. That the bricks factory that used to be a tourist attraction such that
students come in excursion to get firsthand information on how
bricks are made, this heaven of sort is now reduced to bare land by
the Plaintiff that used bulldozer and armed Police Officers chased
workers on duty and destroyed all structures in the factory and
other machineries therein plus produced bricks meant for
customers.
21. That many people from our community and surrounding
communities took their turn out of the opportunity created by the
Plaintiff and carted away many produced bricks and other valuables
from the factory.
 22. That I make this oath in good faith believing all the content to be
true and correct in accordance with the Oath Act currently in force.

----------------------

DEPONENT

Sworn to at the Enugu State High Court

Registry, Enugu.This -----------day of ---------------2016

BEFORE ME

COMMISSIONER FOR OATHS

 IN THE HIGH COURT OF ENUGU STATE OF NIGERIA
IN THE ENUGU JUDICIAL DIVISION
HOLDEN AT ENUGU
SUIT NO: E/502/16

BETWEEN

ENUGU STATE HOUSING DEVELOPMENT PLAINTIFF

CORPORATION

AND

1. BRIDGEWAYS DPG LIMITED DEFENDANTS

2. ENUGU BRICKS AND CLAY PRODUCTS LTD

WRITTEN STATEMENT ON OATH OF MR. NGENE TITUS

I, Ngene Titus male, adult, Christian and Nigerian citizen of Amagu Village in Akegbe-
ugwuNkanu West Local Government Area, Enugu State do hereby make oath and state
as follows:
1. That the Defendants are my employers I was originally employed by
Nigerian Mining Corporation sometime in 1981 via a letter of
appointment dated 20th August, 1982 as a Messenger and the said
appointment was confirmed vide a letter dated 14 th February, 1983
and upon subsequent training I redeployed and converted to
Storekeeper and later Kiln Operator via a letter of conversion dated
7/2/85, 18th July, 1986 and 2/5/2002 and eventually disengaged by
the Nigerian Mining Corporation pursuant to Federal Government
of Nigerian Privatization Policy, letters of my appointment,
confirmation, conversion and disengagement and clearance are
hereby pleaded.
2. That the Nigerian Mining Corporation employed me in compliance
to the subsisting understanding between Land Owners from my
village Amaguthat donated the land that housed the bricks factory
and the clay site and the Ministry of Solid Minerals Development to
the effect that the Ministry will offer job opportunity to our
indigenes. The Survey Plan and names of land owner against the
portion of land he donated is hereby pleaded.
3. That upon my disengagement sometime in 2005 the 1 st Defendant
retained me as a Kiln Operator together with other staff of the
Nigerian Mining Corporation after the 1st Defendant acquired the
Enugu Bricks. Copy of my letter of appointment by the 1 st
Defendant is hereby pleaded.
4. That the following persons worked under the Nigerian Mining
Corporation and also retained by the 1st Defendant, Ani Jonathan
our Accountant, IkechukwuOgbonna, ChidimmaNwafor, Samuel
Ogbu, Jesse Madukwe, Nwachukwu Blessing, AguVitalis, Iorhm
Mark, S.C. Okpara the General Manager, etc.
5. That while I was in the employment of the Nigerian Mining
Corporation and the 1st Defendant I was among the staff that lived
inside the staff quarters and I started living therein from1985 till
sometime in 2007 when I built my own house. Internal memo
directed to staff resident in the staff quarters is hereby pleaded.
6. That when I started work in the Enugu Bricks factory there were
structures already erected to include four(4) bedroom apartment,
two (2) bedroom mini apartment, two (2) rooms servant quarters,
two (2) storey Administrative Building, etc the list of items in the
factory are as contained in the schedule already pleaded.
7. That when the 1st Defendant took over some of the machines at the
factory were not functional then the 1st Defendant brought both
local and foreign Engineers that repaired and installed new
machines and equipment that helped in revitalizing the factory.
8. That I have copies of my pay slips from the Nigerian Mining
Corporation, Pension pay slip and Membership Certificate and also
pay slips from the 1st Defendant. The pay slips are hereby pleaded.
9. That as members of families that donated the land that housed the
bricks factory and the clay site when we got wind of the
information about newspaper publication to the effect that the
bricks factory has been turned to Kidnappers’ Den we wrote a letter
to the Chairman House Committee on Works, Housing and Urban
Development of the Enugu State House of Assembly. Copies of the
said letter and the receipt sent by courier agent arehereby pleaded.
 10. That apart from the letter we wrote to Enugu State House of
Assembly we wrote another one to the Ministry of Solid Minerals,
the said letter together with the receipt for dispatch are hereby
pleaded.
11. That prior to the vandalization of the Enugu Bricks factory and the
Clay Site by the Plaintiff the bricks factory was very viable and
producing good bricks and I was among the first set of people that
informed the Managing Director of the 1 st Defendant about the
impromptu invasion and vandalization of the bricks factory and the
clay site by the Plaintiff.
12. That I have pictures my children took inside our staff quarters and
the ones I took in my duty post as a Kiln Operator, the pictures are
hereby pleaded.
13. That the bricks factory that used to be a tourist attraction such that
students come in excursion to get firsthand information on how
bricks are made, this haven of sort is now reduced to bare land by
the Plaintiff that used bulldozer and armed Police Officers and
chased workers on duty and destroyed all structures in the factory
and other machineries therein plus produced bricks meant for
customers.
14. That many people from our community and surrounding
communities took their turn out of the opportunity created by the
Plaintiff and carted away many produced bricks and other valuables
from the factory. Pictures of some of the houses some of the carted
bricks are kept are hereby pleaded.

15. That I make this oath in good faith believing all the content to be
true and correct in accordance with the Oath Act currently in force.

----------------------

DEPONENT

Sworn to at the Enugu State High Court

Registry, Enugu. This -----------day of ---------------2017

 BEFORE ME

COMMISSIONER FOR OATHS