By Umar Shuaib
In May 2022, members of the FCTA Executives undertook a study visit to Rwanda in order to know what made its Capital City, Kigali to earn itself the reputation of being recognized as the most beautiful city in Africa. The revelation was simple, it was not because of quality or magnificence of infrastructure, but, the discipline and respect to law and order by the Rwandans, coupled with adequate planning in tune with dynamic urban challenges.
That recognition could be earned by any other City in the continent that could uphold these attributes, most especially the Nigerian Capital, which ab-initio was a product of modern planning, and undoubtedly with greater developments than Kigali. Unfortunately, with deficiencies on the relevant attributes.
No doubt, the get rich quick syndrome aided by the exorbitant land value in Abuja, is heavily responsible for the unwholesome behaviours of those involved in breaching the legal provision on owning properties and their developments. Checkmating these menace require punitive measure that is compatible with the offences committed, and constantly being reviewed to conform to the current value of our currency.
Indeed, there are new trends in land and property related crimes, however, what is posing greater challenge to the urban management of Abuja is not the absence of the law, but outdated punitive measures that is never constituting deterrence to the offence. These criminalities involve traffic violations, illegal mining, illegal developments, environmental degradation, noise pollution, falsification or cloning of land documents and many others.
The Abuja Environmental Protection Act of 1997 is one of such tools promulgated to check many violations, with the objectives of achieving sustainable development in the FCT, by securing the quality of environment adequate for health and wellbeing of the residents and minimize the impact of physical development on the ecosystem of the territory among others. The Act identified almost all offensive activities that constitute environmental abuses and stipulated their offences since 26 years ago, but there has never been any review. The review has for long been sent to the National Assembly for approval, but has never seen the light of the day, amidst many environmental violations.
Typical example of the obsolesce is on Section 18 where it states that; The owner of any undeveloped plot in a built up area, who fails to keep it clean and tidy or free from overgrown grasses is guilty of an offence and liable on conviction, to a fine of not less than N2,000 including the cost of cleaning by the Authority. So also are offences concerning cultivation of crops and rearing animals or allowing animals or birds to roam about in gardens or surrounding areas. While others concerning noise pollution or smoke to the level of being dangerous to human health attract lesser fine, which is not less than just N1,000. Meanwhile, offences as grievous as sale of alcoholic drinks in residential areas is still reading a fines of not less than N5,000. We can go on and on.
Punishments are expected to inflict pains to the perpetrators in order to serve as deterrence. But in such a situation where it is too inconsequential, it transforms to encouragement for continuation. Hence the preponderance of abandoned buildings, animals grazing, nocturnal disturbance, mechanic workshops and many other activities in many unauthorized areas.
Just last year a well-known notorious land grabber was caught in the act of distortion of the mountainous areas for an illegal development, he was arrested, prosecuted and convicted. The best he could be charged in the circumstances of the outdated law was just N4m, on a crime which cost of reclamation of the land alone could be up to N500m. He simply went out, opened his boot brought out the money and paid. A week later he went back to the forbidden site and continued his environmental degradation.
Similarly, agencies like the DTRS responsible for checkmating traffic violations are operating with executive regulations which is challengeable in court, due to the herculean task of obtaining legislative approval from the National Assembly.
Constitutionally the FCT is considered as a State, but the Executive Power is vested on the President, but delegated to the FCT Minister. The Legislative arm is the House of Representative with its 360 members. A State Governor can speedily get approval from his House of Assembly of much fewer numbers with very less effort. But not so for the FCT Minister. With so many submissions at the National Assembly for the review of many FCT Laws, National Assembly is urged to attach priority to the pending requests from the FCT Administration, in order to stem the tide of lawlessness, and ease the task of the City management.