Enugu Agency Demolishes Illegal Structure at Highbrow Lounge

The Enugu Capital Territory Development Authority (ECTDA) has taken action against an illegal structure at the upscale Breathe Restaurant & Lounge located at Independence Avenue in Independence Layout, citing multiple illegalities.

The demolition comes as a result of several issues, including lack of title documents, fraudulent submission of a Certificate of Occupancy (C-of-O), construction of more buildings than were approved, and a change of purpose of building permit without approval.

However, the agency did not demolish the two permitted buildings (a one-storey building and a security house) to allow the developer, Ndubuisi Madueke, to regularise the structures with proper application and the correct plot and zone.

The ECTDA acted in line with the powers conferred on it by the law, and based on item 11 of the affidavit sworn by the developer in support of his application for building permit.

In the said item 11, the developer had sworn that if any information stated in his drawing was found to be false, or if he deviated from the contents of the building drawing submitted to the authority, his owner/builder permit would be deemed invalid and automatically stand revoked.

The agency had previously raised the alarm over the proliferation of fake title documents, forged building approvals, manipulation of permits, and illegal structures in parts of the Enugu metropolis, stating that several of the permits/approvals for such structures had been revoked, as they posed a danger to human and environmental safety.

In a 16th February 2024 letter addressed to the proprietor of the restaurant, the Executive Chairman of ECTDA wrote: “I hereby write to refer to the above subject matter for strict compliance of the Enugu Municipal Master Plan, and inform you that your approval for building construction issued by the agency with plan No. ECTDA/EPC/1380 DATED 2nd May 2023 has been withdrawn for the following reasons:

Non-payment of necessary fees to the Government for Building Plan Approval/Permit.
Fraudulent submission of Certificate of Occupancy (C of O) of a property at Ekulu River Layout in GRA to obtain approval/permit for building of a property at Independence Layout.

Construction of five (5) building structures as against two (2) structures in the building plan.
Change of purpose clause without approval.

Failure to abide/comply with all application laws, requirements, ordinances, building codes and zoning regulations, as contained in the Owner/Builder Permit Affidavit form signed and sworn in a competent court of law by your own very self (see item 7 of the copy attached).

Failure to notify the agency of any addition, deletions, or changes to any information that you provided on the affidavit disclosure (see item 10).”

The ECTDA Chairman also cited item 11 of the sworn affidavit when the developer declared his Owner/Builder Plan Permit is “deemed invalid and automatically stand revoked” should he be found to have given false information or deviated from the building plans submitted in pursuit of the application.

The agency’s actions in this case demonstrate its commitment to maintaining the integrity of the Enugu Municipal Master Plan and ensuring that the city’s development is carried out in an orderly and legal manner.