Lagos — The residents of Festival Town a.k.a. 'Festac Town' has filed a suit before a Federal High Court, Lagos praying the court for an order restraining the Lagos State Government from enforcing the Lagos State Land Use Charge 2001 on them and also from disturbing, harassing, arresting or intimidating them in their properties situate at the Festac Town.

The plaintiffs suing under the name, "the Registered trustees of Festival Town Residents Association Lagos (FTRA) and four of its officers are also praying the court for an order restraining the Lagos State Government from forcefully putting their (plaintiffs) properties under receivership without appropriate court order observing rules of fair hearing.

Further sought in the alternative by the plaintiffs, is an order of the court directing the Lagos State government to pay them (plaintiffs) the sum of N307 million being compensation for the expenses, charges and costs (money) spent by the plaintiffs in constructing bridges, roads, drainages, tarring the street roads and other developments in and around the Festac Town that gave the properties the value upon which they are assessed by the State government.

Named as defendants in the plaintiffs Writ of Summons dated June 5, 2008 are the Attorney General, Lagos State, the Attorney General of the Federation and the Federal Housing Authority (FHA) as first to third defendants respectively.

Other relief also sought by the plaintiffs are, "A declaration that the Land Use Charge 2001, Lagos State is void, unlawful and unconstitutional in so far as it applies to the plaintiffs, tenants and residents of the land of the third defendant (FHA).

"A declaration that Section 21 of the Land use Charge 2001 violates Sections 36, 43 and 44 of the constitution of the Federal Republic of Nigeria 1999 and Articles 2, 3, 7, 14, 19, and 24 of the African Charter on Human and Peoples Right (ratification and Enforcement) Act.

"A declaration that Section 15 of the Land Use Charge 2001, Lagos State violates Section 36 of the 1999 constitution by imposing payment of 50 percent of the assessed charge as a condition for Appeal".

The plaintiffs in their statement of claim averred that they were by virtue of similar terms and conditions contained in all their letters of offer and acceptance were assigned their various properties in the Festival Town by the FHA and have by some paragraphs of the said letter covenanted to pay grand rent which is subject to revision to the FHA.

They (plaintiffs) further averred that they have been paying the various rates fixed by the FHA and have also since about eight years after being consistently pestered by the Amuwo Odofin Local Government Council been paying tenement rates to the local council.

The plaintiffs also alleged that the Lagos State government on or about January 30, 2001 passed into law, the Land Use Charge Law 2001 that took effect from June 22, 2001.

The law the plaintiffs in their statement of claim contends is, "aimed at making profit out of their properties without offsetting any liabilities and amounts to double taxation as it (the law) is incapable of stopping the payment of grand rent to the FHA without the plaintiffs being in breech of the terms and condition of offer which they had accepted before the coming into force of the 2001 Land Use Charge Law.

They (plaintiffs) further claimed that for over 10 years, they have undertaken the development of the estate communities through self-effort, constructing bridges, roads, drainage system, electrification and tarring of street roads without any input from the Lagos State government who is now claiming Land Use Charges on the value of the properties.

By virtue of the Lagos State government threat to put their (plaintiffs) properties into receivership without court order they (plaintiffs) further averred that, " there is confusion and stampede as the position of the plaintiffs occupying the FHA's property is not clarified or made clear".

The defendants are yet to file any defence in the matter which is before Justice Binta Nyako and has been fixed for hearing on September 29, 2008.