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Court Nullifies Tenement Rates Collection in Abuja

By
Prnigeria
-
April 17, 2018
FCT Minister Mohammed Bello
Fct Minister Mohammed Bello

Court Nullify Tenement Rates Collection in Abuja
Property owners and occupiers in Abuja and its environs have at last heaved sigh of relief as a high court in the territory prohibited the six area councils in the FCT from collecting tenement rate from house owners.

The court also nullified and set aside, the various bylaws enacted by the area councils to give legal teeth to the tenement rate collection as part of their internal revenue generating drive

Delivering judgment in a suit instituted by Planned Shelter Ltd on behalf of property owners in the FCT, Justice Valentine Ashi held that the six area Councils led Abuja Municipal Area councils (AMAC) have no power and capacity to assess, determine, demand and legislate on tenement rate without strict compliance with the provision of section 1 of the 4th schedule of the 1999 constitution

The judge said that the by-laws enacted by the area councils for the purpose tenement tax were usurpation of functions donated to the National Assembly by the Constitution

Specifically, justice Ashi said the various by-laws by the six area councils are un-constitutional, null and void because they constituted a breach of section 1 of the 4th schedule to the 1999 constitution

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All actions taken or set to be taken by the area councils connected with the collection of tenement rates from any person or entity within the FCT were nullified, set aside and rendered ineffectual by the court.

The court prohibited all the area councils in the FCT from taking further steps whatsoever aimed at giving effect to the purported by-laws for the collection of tenement rates from any person or entity pending when the national assembly shall give effect to the provision of section 1 of the 4th schedule of the 1999 constitution.

“An Area Council in the FCT is equivalent to a local government Area in a state in the light of section 318 [1] of the constitution

“By virtue of section 299 [a], the national assembly is conferred with exclusive legislative competence over and in respect of the FCT.

“However, until the National Assembly amends or enact another law to replace the Local Government Act, it remains the law in force the governs the Area Councils, as an existing law, within orbit of the provisions of section 315 of the constitution and in reading and applying its provision, even by the court, it must be read with such modifications as may be necessary to bring it into conformity with the provisions of the constitution.

By PRNigeria

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TRADOC Commander Tasks Army Training Schools to Own Doctrine, Drive TransformationSecurity Forces Nab 13 Suspects for Kidnapping, Banditry, Cattle Rustling in Kaduna, AbujaMilitary Warns Vigilantes Against Unauthorized Operations in Plateau, Confirms 8 Deaths in Kanam AmbushGov. Mutfwang Hails NSCDC Boss Audi as 150 Agro-Rangers Graduate in PlateauIllegal Mining: EFCC Arrests 5 Chinese, 4 Nigerians in NigerUAE Bans Transit Visas for Nigerians, After US Visa RestrictionsNigerian Troops Destroy Terrorists' Enclaves across Theatres of OperationArmy Intercepts Truckload of Vandalised Railway Tracks, Arrests 8 Suspects, Recovers Cash in YobeLagos Police Roll Out Proactive Measures Ahead of Saturday's Local Council PollsFG Eyes 5,000-Tonne Boost in Fish Production Through PPP ModelREVEALED: Why US Reduced Visa Validity for Nigerians to 3 Months in Reciprocal Policy ShiftNSA Hails New Joint Doctrine and Welfare Centre to Revolutionize Military CollaborationMilitary'll Support Regional Growth for Lasting Peace, CDS AssuresIgbo Criminals Behind Most Killings, Abductions in Southeast, Not Fulani — Governor Soludo DeclaresShagaya at NASS: Fostering Youthful Vision through Humble Leadership By Umar Farouk Bala
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