The Delta State High Court sitting in Effurun has ordered the immediate demolition of an illegal structure erected in a residential neighbourhood and awarded damages against the Delta State Ministry of Urban Renewal and the Uvwie Local Government Council for failing to enforce planning regulations.
In a judgment delivered on February 3, 2026, Justice R.D. Harriman faulted the Ministry of Lands, Survey and Urban Development, now known as the Ministry of Urban Renewal, and the Uvwie Local Government Authority for what the court described as condoning unlawful development practices.
The suit was filed by Chief Oghenero Okoro, Esq., a Delta-based legal practitioner and former Chairman of the Nigerian Bar Association (NBA), Warri Branch.
He had approached the court over the conversion of his neighbour’s perimeter fence into a row of commercial shops in what he described as a substantially residential area opposite his home.
According to the claimant, the development, allegedly carried out by Mr. Francis Anyaduba, created environmental nuisance and interfered with his quiet enjoyment of his property.
He further argued that despite complaints, the relevant government authorities failed to enforce planning regulations or sanction the landlord.
In its ruling, the court ordered the Ministry to immediately demolish the offensive structure.
It also awarded damages against the landlord for illegal development and against the Delta State Government for failing to protect the residential character of the area through proper regulatory enforcement.
Justice Harriman held that the government’s inaction in the face of a marked illegal structure amounted to a breach of public trust and a failure of statutory responsibility.
The court further ruled that under Delta State urban planning laws, the Uvwie Local Government Council lacks the legal authority to grant approval for building developments.
It consequently penalised the council for allegedly conniving with the landlord by issuing what was described as a purported approval after the Ministry had already marked the structure as illegal.
The judgment is being regarded in legal and urban planning circles as a significant pronouncement on regulatory accountability and the limits of local government powers in development control matters within Delta State.
