- To pay N25m as general and exemplary damages
It is illegal for the Abuja Metropolitan Management Council (AMMC) or the Federal Capital Development Authority (FCDA) to name streets or assign numbers to houses in Abuja, Nigeria’s Capital city.
This is the position taken by a High Court of the Federal Capital Territory (FCT) in declaring that both agencies lacked the constitutional powers to undertake such administrative venture within the nation’s capital.
The declaration is contained in a landmark ruling delivered by Justice Edward Okpe, with an order directing the AMMC and other departments of the FCDA, to immediately remove street/crescent/road names that were illegally mounted without the approval of the Abuja Municipal Area Council (AMAC).
Accordingly, the court held that only AMAC is vested with the statutory powers to name roads and streets as well as assign numbers to all houses in all areas within its jurisdiction in the FCT.
The judgment followed a suit marked CV/2083/2022 instituted by an aggrieved Abuja resident, Chief Obidi Ume, who in approaching the court, prayed it to among other things, determine; “Whether having regard to the provisions of Sections 7, 303 and 318 of the First Schedule Part II and Fourth Schedule Section 1(g) of the 1999 Constitution, as amended, the AMAC, is not conferred with the powers of naming roads and streets, the numbering of houses within the Area Council as done by every Local Government Area in Nigeria”.
Also for determination by the Court was; “Whether the AMMC or any other Department under the FCDA has the powers to demolish, dismantle or destroy street posts and sign boards mounted by the AMAC or any other Area Council for that matter in view of the provisions of Sections 7, 303, 318, Part II of the First Schedule and Section 1 (g) of the Fourth Schedule to the 1999 Constitution of the Federal Republic of Nigeria, as amended”.
The plaintiff told the court that AMAC, listed as the 1st Defendant in the suit, had by a letter dated December 7, 2016, requested him to purchase the Street Naming Subscription Form in the sum of N25,000.00.
He further informed the court that on April 13, 2018, the FCDA, which is the 2nd Defendant, notified him that approval was given for a street to be named after him and requested payment of related charges totalling the sum of N550,000.00.
The Court was also told that after the payment was confirmed, AMAC duly named the street/crescent after him and mounted the related signposts and house numbering plaques.
However, Chief Ume explained that sometime in April 2022, his mounted signpost and house naming plaques were destroyed and removed from the street/crescent. Upon an inquiry, he was informed that some persons, who described themselves as officials of the FCDA and AMMC which was sued as the 3rd Defendant, armed with diggers, axes, and other dangerous implements invaded the crescent in the company of security agents and demolished, destroyed and removed the street signposts and house numbering plates bearing his name.
The plaintiff said on 20th April 2022, he was shocked to notice that the street had been renamed after the FCDA’s Permanent Secretary, Mr Adesola Olushade without recourse to the existing laws governing such exercise in the nation’s capital.
Ruling on the matter, Justice Okpe held that none of the defendants was able to refute or contradict facts and proof of evidence the plaintiff adduced before the court.
Besides declaring the action of the 2nd and 3rd defendants as illegal and ordering the restoration of the name of the plaintiff on the street/crescent forthwith, the court, awarded the sum of N25 million as general and exemplary damages against the two defendants, jointly and severally.
The court further held that; “A declaration is hereby made that AMMC, ie the 3rd defendant herein or any other department or the FCDA, 2nd defendant, itself do not have the powers of street and road naming and house numbering in AMAC or any other Area Council for that matter in Abuja.
“An order of perpetual injunction is hereby made restraining the AMMC, the 3rd Defendant herein and any other department or agency of the FCDA, 2nd Defendant from further destruction and demolition of Roads and Streets names by the AMAC of which the plaintiff is a beneficiary”.
