Urban tribunal and restoration of Abuja master plan
But the point must be orchestrated that this wanton violation with reckless impunity is not peculiar to Abuja’s master plan alone. Just like what is obtainable in virtually all facets of our national life, the case of Abuja, the nation’s seat of government, calls for special cum expeditious concern from all and sundry.This probably explains […]
But the point must be orchestrated that this wanton violation with reckless impunity is not peculiar to Abuja’s master plan alone. Just like what is obtainable in virtually all facets of our national life, the case of Abuja, the nation’s seat of government, calls for special cum expeditious concern from all and sundry.
This probably explains the huge applause, nay unprecedented acceptability that accompanied the recent inauguration of the Committee on Urban and Regional Tribunal in Abuja.
The FCT minister, Sen. Bala Mohammed, in his relentless quest to restore the Abuja master plan, inaugurated the committee at a crowded ceremony in Abuja to adjudicate on matters of contravention of land between the FCTA and developers.
Emphasising on the necessity of maintaining the master plan, Senator Mohammed, while inaugurating the committee, said that after the relocation of seat of government from Lagos to the FCT in 1976, the plan was developed to serve as a comprehensive framework for the development of the city, further stressing that the attraction of Abuja as a city of opportunities had created a massive internal migration of Nigerians to the city.
According to him, this influx has led to “changes in land use, traffic congestion, inadequacy in waste management etc, which are currently exerting a lot of pressure on the city’s infrastructure and the maintenance of the integrity of the master plan.”
He therefore revealed that it was against this background that the FCT administration decided to create appropriate institutions to guarantee the orderly development and the management of the territory.
He further said: “The Abuja master plan was developed to serve as a comprehensive framework for the orderly development of a new Federal Capital Territory, and all hands must be on deck to preserve its sanctity.
“We, however, observed that despite the success story of Abuja being able to attract people across the globe, it has resultant effects of unauthorised developments, changes in land uses, traffic congestion, inadequacy in waste management; thereby exerting a lot of pressure on the city infrastructure and the maintenance of the integrity of the master plan.
“The FCT Urban and Regional Planning Tribunal was established under the Nigerian Urban and Regional Planning Act 1992, Cap 138 LFN 2004, and must be given the leverage to operate.”
The minister stated that the tribunal would adjudicate on matters of contravention of the land use between developers and the FCT Development Control Department, and assist in the enforcement of standards/regulations, settle disputes arising from resettlement issues, and act generally as an alternative dispute resolution institution in development matters.
He explained further that the FCT tribunal was first established in 1990 but could not take off due to legal constraints. He noted that a committee was reconstituted in 2008 with a new operational framework approved and gazetted by the then attorney-general of the FCT.
The minister observed that in constituting the committee, the FCTA took adequate note of criteria in line with global best practices, stating that the committee cannot be disbanded even after his exit, as it was set up in accordance with the constitution with tenure.
Responding on behalf of the other members of the committee, the chairman, Ebenezer Lufadeju, said the committee was fully aware that the tribunal under the general guidance was to complement the FCT administration in the enforcement of standards and regulations in line with the law in the FCT.
Lufadeju assured the minister of the committee’s willingness to discharge its responsibilities faithfully, loyally and truthfully in accordance with the professional training and experience in line with the act and aspiration of the government.
At this juncture, it is apposite to state that Abuja is one of the few cities in the world and certainly the only one in Nigeria privileged to have a master and development plan prior to its development. The purpose was essentially to guide the growth and development of the territory in such a manner that it will be conducive for living, working, recreation and transportation.
Luckily for Abuja, the Nigerian Urban and Regional Planning Act, CAP N 138, LFN 2004, provides in section 86 for the establishment of a tribunal. In compliance with this section, the FCTA established the FCT Urban and Regional Planning Tribunal in 1996. Following its establishment, the tribunal became a tool for arbitration and indeed a mechanism for resolving disputes on physical planning, development and land matters in the FCT.
Essentially, the function of the tribunal is to complement the efforts of the FCTA in the enforcement of the standards and regulations in line with the provision of the act establishing it. The tribunal is to adjudicate on the matters between the authority and developers relating to land use contravention by violation of development levity, and unauthorised erection of structures, compensation disputes arising from resettlement exercises etc.
In other to sensitise members of the public on its activities, the tribunal had organised several interactive sessions with all stakeholders, agencies and departments of the FCTA and FCDA to enable members have an insight on the mandate, operation and challenges of the various departments and agencies. This is to determine and address issues within the operations of these departments in order to reduce conflicts on land and development matters.
These include grievances, or perceived injustices from revocation of titles, complains arising from demolitions, contravention charges, quit and demolition orders issued by the Department of Development Control. Unfortunately, with the uncountable number of property ownership litigations against the authority or individuals and organisations in courts, majority of the citizens are not aware of the opportunities or easier avenue provided by the tribunal for obtaining justice. Accordingly, all public institutions such as the FCDA, Development Control, AGIS, AMAC and all others in charge of lands and property administration, and all individuals and organizations, are answerable to the tribunal.
As the tribunal commences its onerous assignment, it is advisable that all professionals in the building industry, urban planners who are into advocacy planning, legal practitioners with bias for land and urban development, students of Urban and Regional Planning, and indeed the
general public, would properly key into its activities, with a view to availing themselves of its services.
Ada Kingsley, a public affairs analyst, sent this piece from Bwari, Abuja