Court Restraints Abuja Environment Board From Collecting Refuse, Sewage Levy

A High Court of the Federal Capital Territory (FCT), Abuja has restrained the Abuja Environmental Protection Board (AEPB) from imposing, levying and/or collecting sewage and refuse disposal levies from NIPCO Plc or from any person or corporate body within Abuja Municipal Area Council.
Justice Olukayode Adeniyi issued the order of perpetual injunction while delivering judgment in suit No: CV/ 3493 /2022 filed by NIPCO Plc through its lawyers, Chief Paul Obi (with Ify Ikeatuegwu), against the environmental board of the FCT, including its officers, agents, employees, preview or through anybody whatsoever.
Other reliefs granted the claimant by the court included an order declaring Section 30(4) and Section 6 (1)(a) and (b) of the Abuja Environmental Protection Board Act 1997 purporting to authorize or confer powers on the defendant to impose and collect levy for sewage and refuse disposable from the claimant oil company or any other persons or corporate bodies within Abuja Municipal Area Council unconstitutional, null and void and of no effect whatsoever.
Adeniyi declared that the defendant had no legal or constitutional powers to impose any levy or fine for sewage and refuse disposal on the plaintiff or any corporate body within Abuja Municipal Area Council.
The court declared that the demand notices for the total sum of N19,400,553.36 imposed on the plaintiff by the defendant as sewage and refuse disposal levies on fines for the period 2015 to 2021 or for any period whatsoever are ultra vires the powers of the defendants and are therefore unconstitutional, null and void.
The court held that Abuja Municipal Area Council (AMAC) is the only body constitutionally empowered and authorized to impose or levy sewage and refuse disposal levies or fines on any person or corporate body in Abuja Municipal Area Council of the FCT.
Justice Adeniyi, in the judgment delivered February 21, 2024, held that the defendant as a body created by Section 1 of the Abuja Environmental Protection Board Act, 1997, an Act of the National Assembly, to perform the exact functions and to exercise the powers conferred on AMAC by the constitution, cannot validly and legally impose levies or fines on the plaintiff for sewage and refuse disposal.
The court declared that the provisions of s. 30(4) and s. 6(1)(a), (b)-and (c)(iv) of the Abuja Environmental Protection Board Act 1997, which are held to be in clear conflict or inconsistent with the provisions of paragraph (1)(h) of the Fourth Schedule to the Constitution, as unconstitutional, null, void and of no effect whatsoever.