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Niger Delta

Edo High Court Nullifies Land Use Charge

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An Edo High Court sitting in Benin City has stopped Governor Godwin Obaseki and its agent, the Edo State Geographic Information Service (GIS), from the collection of land use charges in the state, describing it as unconstitutional, null and void.
In a judgement delivered by Justice Peter Akhihiero on Monday, April 25, 2022, in a case brought before him by the claimant, Chief Ferdinand Orbih, SAN, Justice Akhihiero held that issues of land use charges are exclusive duties of the 18 local government areas in the state.
In the Judgement with a suit No B/99D/202, the counsel to the claimant, Kinsley Obamogie, had argued that by Section 7 (1) (5) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), the collection of what the Edo State Government through a law, called the Land Use Charge is the exclusive duties of the 18 Local Governments of Edo State, specifically donated by the constitution, which does not allow any delegation whatsoever.
Obamogie specifically made reference to Paragraph 1(j) of the Fourth Schedule of the Constitution of the Federal Republic of Nigeria,1999 (As Amended) that the Land Use Charge Law, 2012 was enacted by the Edo State House of Assembly in flagrant breach of Section 7 Subsections 1 and 5 and paragraph 1(j) of the Fourth Schedule to the Constitution.
He submitted that the local governments cannot give up powers given to them by the constitution to collect tenement rates through an Agreement between the 18 Local Governments and Edo State Government, being an obligatory duty imposed by the constitution and he asked the court to grant the reliefs sought by the claimant.
Delivering the judgement, Akinhiero, held among others, that there was no written agreement presented to the court between the 18 Local Governments and the Edo State Government delegating the powers to collect tenement rates to the State government.
The court then held that it is the ouster of express powers provided by the constitution, for the Land Use Change Law to give powers to the Edo State Government using the Edo GIS to collect tenement rates expressly donated by the constitution.
The court subsequently declared the Edo State Land Use Charge, Law, 2012, which purports to take the powers from the Local Governments in Edo State to collect Tenement Rates as null and void.

 

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Niger Delta

Court Declares DESTMA Activities Unconstitutional

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The Delta State High Court sitting in Warri has declared the power of the Delta State Traffic Management Authority (DESTMA) to arrest traffic offenders and impose fines as illegal and unconstitutional.
In a judgment delivered on Wednesday in Suit No. W/348/2016: Chuks Christian Ofili v. Attorney-General of Delta State & Anor, Hon. Justice Ejiro Emudainowho struck down Section 18(1) of the Delta State Traffic Management Authority Law, 2013, holding that it conflicts with the 1999 Constitution (as amended).
The court held that DESTMA and its officials lacked the legal authority to impose fines, penalties or sanctions, or to confiscate vehicle number plates without first charging and securing a conviction before a competent court.
Justice Emudainowho ruled that the seizure of the claimant’s number plate and the imposition of a N30,000 fine without trial amounted to a “flagrant violation” of the claimant’s right to fair hearing and freedom of movement under Sections 36(1) and 41(1) of the constitution.
Among other reliefs, the court set aside the “Notification of New Traffic Offences and Penalties” issued against the claimant, ordered the refund of N30,000 paid for the release of the number plate, awarded N500,000 as legal costs and N300,000 as damages, with 10 percent interest per annum.
Reacting to the judgment, the claimant’s counsel, Olukunle Ogheneovo Edun, said the ruling affirms constitutional supremacy.
“The court was clear that only a competent court of law can impose penalties. Administrative agencies cannot assume judicial powers”, he said.
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Niger Delta

COAS Praises Bayelsa On Military Welfare … As Diri Hands Over Residential Quarters To Army Chief

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The Nigerian Army has commended the Bayelsa State Government for promoting the welfare of its officers and men as part of efforts to enhance peace and security in the state.
The Chief of Army Staff, Lt. Gen. Waidi Shaibu, gave the commendation on Thursday when he led other senior military officers on a courtesy/condolence visit to the State Governor, Douye Diri, in Government House, Yenagoa.
Gen. Shaibu praised the Bayelsa government for constructing and handing over residential accommodation to the Nigerian Army 16 Brigade at Elebele.
The army chief noted that the initiative would greatly ease the brigade’s accommodation challenges.
Shaibu, who explained that he was on a maiden operational visit to the state to assess the combat readiness of men and officers of the Command, also commiserated with the governor and the Ewhrudjakpo family on the passing of the Deputy Governor, Senator Lawrence Ewhrudjakpo.
“My reason for coming here are two-fold. We are here for my maiden operational visit to the 6th Division area of  responsibility, which also covers Bayelsa State.
“I’m also here with a heart of gratitude and appreciation for what you have done for the 16 Brigade, which is the construction and completion of apartments  made up of nine units of three bedroom flats for non-commissioned officers and two blocks of nine units of two bedroom apartments for non-commissioned officers.
“This gesture will go a long way in mitigating the accommodation challenges that the Brigade is facing. It will be a great relief for the Nigerian Army”, he said.
Responding, Diri thanked Gen. Shaibu for acknowledging the modest contribution of the state government towards improving the safety of lives and property of the citizenry.
He lauded the various security agencies for exhibiting a high sense of professionalism in the discharge of their duties.
 “I like to use this opportunity to commend the Nigerian Army and other armed forces for what you are doing to ensure that Nigeria is safe and secure. For us in government, we all appreciate and understand that you are making sacrifices for our public safety.
“I implore you to continue to do what you are doing very well at all times. We are always here to support you in whichever form that we can, so that you will also have a conducive environment to enable you discharge your duties creditably.
“l’m equally happy that we were able to start and complete those buildings. We know that, like you rightly said, it will ease the accommodation demands of the officers in the 16 Brigade”, he said.
By; Ariwera  Ibibo-Howells, Yenagoa
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Niger Delta

Eno Inaugurates Committees On TSA, International Airport Status 

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Akwa Ibom State Governor, Umo Eno, has inaugurated two inter-ministerial committees to supervise the implementation of the International Airport Status for the Victor Attah International Airport, and for the Treasury Single Account for Internally Generated Revenues.
While inaugurating the committees at the Government House, Uyo, Eno expressed confidence in the competence of the members of the committee to achieve the mandate.
“The committees’ establishment marks another strategic step in the administration’s drive to strengthen governance systems.
“It will also ensure the fast-tracking and the completion of major development projects in the state”, the Governor said.
He further said the members of the Inter-Ministerial Committee on International Airport Status Implementation include Secretary to the State Government, Mr. Enobong Uwah, who would serve as the Chairman.
Others are the Commissioner for Finance/Special Duties, Mr. Emem Bob; the Managing Director, Ibom Air, Mr. George Uriesi; and Mr. Ephraim Udosen, Permanent Secretary for Special Duties, among others.
“The Inter-Ministerial Committee on the Implementation of TSA-IGR has Commissioner for Finance, Mr. Emem Bob, as Chairman.
“Others are the Attorney-General and Commissioner for Justice, Mr. Uko Udom, SAN; Commissioner for Science and Digital Economy, Dr. Frank Ekpenyong; Commissioner for Local Government and Chieftaincy Affairs,  Mr. Frank Archibong; Commissioner for Lands, Dr. Ubong Inyang, among others.”
The Governor noted that the members’ expertise would contribute significantly to the state’s infrastructural growth and financial stability.
He urged them to intensify efforts and ensure that all preparatory works remained on schedule.
“I charge the committee on the state’s airport with the responsibility of ensuring accelerated progress and meeting all required benchmarks ahead of the facility’s operational kick-off in April, 2026.
“I expect this committee to work tirelessly to ensure the realisation and commencement of full operations at the international airport by the first week of April 2026″, he said.
Eno emphasised the need for transparency, fiscal discipline and effective coordination across government agencies, saying that no agency of government was permitted to operate a single independent account.
He reaffirmed the termination of contracts for consultants on revenue generation, adding that all revenue must be generated and expended through a unified treasury account.
The Governor urged all MDAs to work with the Inter-Ministerial Committee, headed by the Commissioner for Finance to ensure that the expected results were achieved and on time.
He maintained that tenement rates would be paid into the treasury single account and urged full compliance from homeowners across the state.
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