*Says Action Is in Line With Its Constitutional Role and Several Court Decisions
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The Abuja Municipal Area Council has announced to the general public, particularly residents within its jurisdiction that it will henceforth take charge of the removal and disposal of wastes, and the collection of waste disposal levies within the Council.
In a statement by the Council’s Head of Operations made available to TheNigeriaLawyer, the decision is made in line with extant provisions of the Constitution and several Court decisions.
He stated that pursuant to Section 7 and the Fourth Schedule of the Constitution of the Federal Republic of Nigeria which provides the functions, powers and duties of the Local Government which is the Area Council; Part 3, Item 14 of the Taxes and Levies (Approved List of Collection) Act 2004; and Section 55 of the Local Government Act of 1976 provides for the exclusive power of the Area council to make laws regulating, among others, waste disposal and the Abuja Municipal Area council Bye Law (No 4) 2012 and several judgments starting from the Magistrate Court to the High Court of FCT; to mention few also buttress this position.
He further recapped some of the decisions reached by the Court on the subject matter in the past to include;
1. A considered ruling delivered in favour of Abuja Municipal Area Council, on the 4th of August 2017 by his worship Chukwuemeka Ubani between The Abuja Municipal Area Council and the Registered Trustee Mountain on Fire Ministry Vs ABUJA Environmental protection Board.
2. A sound Judgment delivered in favour of Abuja Municipal Area Council, on the 26th of April 2018 by his Lordship Chizoba N. Oji, Suit No FCT/HC/CV/2026/17 between Mubarak Tijani Esq Vs Abuja Municipal Area Council
The most recent judgment is the Federal High Court judgement Delivered on the 11th February 2022 by his Lordship Bello Kawu, suit No ; FCT/HC/CV/593/2019 between the Registered Trustees of Center for Reform and Public Advocacy Vs Minister of Federal Capital Territory
The court held
1. that by virtue of section 7(1) & 5 and Paragraph 1 (h) of the Fourth schedule of the 1999 Constitution (as amended) the disposal of refuse and the receipt of payment for same is vested upon the Abuja Municipal Area Council
2. That the defendant lacks the vires to engage in Municipal refuse disposal award of contract for refuse disposal and payment for same to any company, individual or organization or entity by whatsoever name within the said Federal Capital Territory, Abuja
3. That an issuance of order of perpetual injunction is hereby ordered restraining the defendant, its agent and other howsoever from awarding contracts for refuse disposal and making payment for same to any company, individual or organization by whatever name in view of the provision of section 7(1) & (5) and paragraph H of the fourth schedule to the 1999 constitution of the Federal Republic of Nigeria (as amended)
4. That the Defendant is hereby ordered to allow for compliance with the law for Abuja Municipal Area Council to commence discharge of its duties under section 7(1) & (5) and paragraph 1 (h) of the fourth schedule to the 1999 constitution of the Federal Republic of Nigeria (as amended) by awarding and paying for refuse disposal within the said Abuja Municipal Area Council.
That Abuja Municipal Area Council remain the sole body with the constitutional powers to discharge the constitutional obligation of refuse disposal and collection of refuse disposal levies. Both solid and liquid waste.
According to Mr Effiong, residents of the Area Council are therefore put on notice of its continual efforts to regulate, manage and maintain waste disposal within its territorial jurisdiction and subsequent enforcement of waste/refuse disposal levies.
He equally noted that any payment that is not made to the Area Council through designated methods is invalid and unacceptable and would require the enforcement of the law against such defaulters.
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