Adelanwa Bamgboye
29 June 2008
Lagos — Residents of Festac Town in Lagos have slammed a suit on the Lagos State government before a federal High Court in Lagos praying the court for an order restraining the government from enforcing the Lagos State Land Use Charge 2001 on them.
The residents are also seeking an order restraining government from disturbing, harassing, arresting or intimidating them on their properties situate at the Festac Town.
Suing under the name The Registered Trustees of Festival Town Residents Association Lagos (FTRA), the plaintiffs also prayed the court for an order restraining the Lagos State Government from forcefully putting their (plaintiffs) property 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 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 streets and other developments in and around the Festac Town that gave the property the value upon which they are assessed by the state government.
Joined as co- 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 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 property 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) 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 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.
They (plaintiffs) 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 property.
By virtue of the Lagos State government threat to put their (plaintiffs) property into receivership without court order they (plaintiffs) 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.
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