The Director Mr,  Osilama Briamah of Abuja Environmental protection Board announced on Monday the 18th of April, 2022, the concluded plans of the FCTA to seal up Hotels, Government offices, Plazas, and other business premises that have not cleared outstanding utility bills for waste collections.

He insisted that the measure is because of the directive of the permanent secretary of the Federal Capital Territory Administration (FCTA) Olusade Adesola.  Mr. Osilama Braimah confirmed that a task team set up by the AEPB has been mandated to apply all legal means to recover the money from the debtors.

The question that comes to mind is how legal is the directives of the permanent Secretary of FCTA and AEPB proposed actions to enforce, recover debt or generate revenue in the aspect of waste disposal considering that the Federal high court had finally Ban the FCT Minister/AEPB from waste disposal and collection of Waste disposal levies in AMAC FCT.

It has been an issue of great concern to the resident of AMAC FCT of which tier of government is empowered to render the service of waste collection and collect waste disposal levies/revenue. This is a result of the constant harassment, frustration, and double taxation imposed and enforce on the residents by FCTA/AEPB, the issues have been reported to stifle businesses as the residents had complained of paying the same statutory bills to the Area Councils.

It has been opinion that the conflict that has been existing on the issue of waste disposal and levies collection is a subject of interpretation of law and only the court can validate the position of the Area Councils and AEPB.

There have been several judgments starting from the Magistrate Court to the High Court of FCT that had determined these issues; to mention few

  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.
  1. 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 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 that has clearly Ban the FCTA Minister and it agents AEPB from waste disposal within AMAC FCT

Click Here Download The Judgment

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.

ABUJA ENVIRONMENTAL PROTECTION BOARD (AEPB) established by the Abuja Environmental Protection Board Act 1997, to assist Area Councils achieve the necessary objective of keeping FCT clean has been banned from carrying out the Constitutional function of waste disposal and collection of waste disposal levies within AMAC FCT.

The Area Councils being the body with the Constitutional obligation and powers to ensure proper disposal of refuse and collection of waste disposal levies as Revenue which authority is 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; The Taxes and Levies Act is an act that provides which revenue should be collected by each Tier of Government. Section 55 of the Local Government Act of 1976 The local government act of 1976 is the Niger state Local Government Edit adopted into Federal Capital Territory Act and made applicable within FCT, section 55 of the Local Government Act 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. is the sole body with the constitutional authority to carry out waste disposal and collect waste disposal levies from it residents.