From Tony Osauzo, Benin
An Edo State High Court has declared the collection of Land Use Charge by the Edo State Government and its agent, Edo State Geographic Information Service (GIS), as unconstitutional, null and void.
Delivering judgment in a suit filed by Chief Ferdinand Orbih, SAN, Justice Peter Akhihiero, held that issues of Land use charge is exclusive duties of the 18 local government areas in the state.
In the suit No B/99D/202, Counsel to the claimant, Kinsley Obamogie had argued that by Section 7 (1) (5) of the Constitution of the Federal Republic of Nigeria , 1999 (As Amended ), the collection of what the Edo State Government through a Law called Land Use Charge is the exclusive duties of the 18 Local Governments of Edo State specifically donated by the Constitution which does not allow any derogation whatsoever.
Obamogie specifically made reference to Paragraph 1(j) of the Fourth Schedule of Constitution of the Constitution of Federal Republic of Nigeria ,1999 (As Amended) that the Land Use Charge Law, 2012 was enacted by the Edo State House of Assembly in flagrant breach of Section 7 Subsection 1 and 5 and paragraph 1(j) of the Fourth Schedule to the Constitution.
He submitted that the Local Governments can not give up powers given to them by Constitution to collect Tenement Rates through an Agreement between the 18 Local Governments and Edo State Government, being an obligatory duty imposed by the Constitution and therefore, asked the Court to grant the reliefs sought by the Claimant.
Delivering the Judgement, Justice Peter Akinhiero, held among others that there is no written agreement presented to Court between the 18 Local Governments and the Edo State Government delegating the powers to collect tenement rates to the State Government.
The Court furrher held that it is the ouster of express powers provided by the Constitution, for the Land Use Charge Law to give powers to the Edo State Government using the Edo GIS to collect Tenement Rates expressly donated by the Constitution.
It, therefore, declared the Edo State Land Use Charge, Law ,2012, which purports to take the powers from the Local Governments in Edo State to collect Tenement Rates as null and void
“Sequel to the foregoing , I hold that in the light of the provision of section 7, subsection 1and 5 of the constitution of the Federal Republic of Nigeria, 1999 (as amended ) and paragraph 1(j) of the fourth schedule to the aforesaid 1999 constitution the provision of section 3 (2), 5, 18, 24 and the identified parts of section 27, the land use charge law, 2012 of Edo state are unconstitutional, invalid, null and void and of no effect whatsoever. I therefore resolved issue 1 in favor of the claimant”, the court further held.