We in the Rights and Democracy Volunteers (RDV), an international NGO with interest in the rights of citizens for sustainable democracy hereby alert Mr. President on what we denote to be a grand plot to sabotage the present Administration by a cabal of vindictive persons led by Sen. Dino Melaye and others (Chairman, Senate Committee on the FCT and others) under a nebulous disguise of restoring Abuja Master Plan.
The plot has started in earnest as the legislature represented by Sen. Dino Melaye are tampering with Executive functions in the FCT by supervising, communicating with and giving directives to the staff of the FCT Administration without recourse to the Hon. Minister, FCT. They seem to neglect their primary assignments for their constituencies by asserting more energy and steam in regular inspection of the FCT in the name of “Oversight Functions” through which they issue directives directly to FCTA staff to: do this; do that; provide policy documents; and issue “Stop Work Orders” on construction sites that even possess approvals. They are even demanding the revocation of past land allocations that usually amount to litigations against Government with resultant distractions and inhibitions in the implementation of policies and programmes of Government. Senator Melaye in particular has threatened severally that “heads must roll in the FCT” as if he has powers to hire or fire FCTA staff. The actions of the Legislature in the FCT is constituting “two” parallel governments in the territory.
We in the RDV with unalloyed interest in sustainable democracy cannot fathom these acts by the Legislature in executing the functions of the Executive in the FCT. This is a misnomer under democracy where there is clear separation of powers and functions amongst the three arms of Government. Many are wondering - “who is the Chief Executive in the FCT - the Hon. Minister or the Committees of the National Assembly” or whether “Mr. President has appointed Senator Melaye as “Hon. Minister” on operations in the FCT. Our analysis and inference indicate that the National Assembly Committees on the FCT are applying a systematic tactics of intimidating the FCT Minister; creating fear; controlling the policies and programmes of the Administration; and subsequently exploit maximally the “Land Administration” and “Development Control” systems for their benefit. We are saddened when the FCT Minister naively told the Committees during an interaction that he will implement all their recommendations line by line. This is disastrous because for any Policy Failure the buck stops at the table of the Executive.
We urge Mr. President to look into this as a matter of national interest because it is capable of creating two parallel authorities in the FCT; setting precedence; and anything otherwise in the future may lead to anarchy and capable of sabotaging the present and future Administrations. This is the major reason behind this Open Letter.
The genesis of the episode is when Senator Melaye informed the nation that the immediate past Administration of the FCT redesigned and shared green areas on Minister’s Hill, Maitama District among influential members of the previous Government and urged the present Administration to revoke such allocations and “demolish” all the buildings developed even those with approved plans. It was observed that the Senator was brimming with steam, exuberance, seeming resentment and unforgiving vengeance during the plenary session as he stated that, “… the plots of land acquired by Jonathan and his ministers were designated as green areas, flood drains, city buffers, recreation, sewage lines, urban farming and city monuments”. He observed that ‘… the illegally acquired areas fall within the highbrow Maitama District …’ and described the action as “satanic”.
One of the on-line publications carried the story under the title: “Abuja Land Grab: Senate Mulls Sanctions on Jonathan, Ex-Ministers” also stated that “… the Senate is seeking ways of invoking sanctions on former President Goodluck Jonathan and some ministers that served under his administration for appropriating reserved plots of land in Abuja to themselves, in violation of the Federal Capital Territory’s Master Plan.” The garrulous Senator even directed the FCT Development Control Department to stop work on those areas, which it had since complied. Work has now stopped with palpable threat of flooding due to the non-completion of retaining walls for the flood drains!
We are surprised that the FCT Administration did not respond to this impunity, illegality and constitutional infraction, which if acceded, could attract numerous litigations against the FCT Administration. We have however recognized that the FCT Administration under its present leadership is not adequately prepared to protect the FCTA Executive authority under the Constitution. The Hon. Minister, though a gentleman with impeccable integrity has shown extreme naivety and weakness in protecting FCTA Executive powers against encroachment by the National Assembly as was done by his predecessors like Mallam El-Rufai, Sen. Aliero, Senator Bala and others.
In order to understand the extent and scope of the plot to sabotage the government, the RDV hereby highlights the concept and dynamism of the Abuja Master plan, the conflicts of interests between and among the gladiators in the present FCT governance as well as a closer look at the man leading the sabotage, Sen. Dino Melaye. It is obvious that Mr. President must take immediate action to avert cataclysmic consequences in the FCT Administration.
Concept & Dynamism of the Abuja Master Plan - Reviews of FCT Master Plans:
The review of Abuja Master Plan is as old as the Master Plan itself and will continue to be so as long the Abuja project is on-going. Past and present FCT Administrations have been empowered by law to review the Master as will be discussed later. Some few examples of the past and present Master Plan reviews are highlighted as follows:
The present FCT Administration is re-designing a Green Area in Guzape District to create plots that will accommodate Ministers of this Government. The 1978 Landuse Act has given such powers to do so.
The location of the United Nations Building used to be partly educational and Green Area. This has been donated by the Nigerian Government to the United Nations and has enhanced the dignity of Nigeria internationally.
The location of the Judges Quarters besides the Millennium Park occupied by the eminent Justices of the Supreme Court extends into a former Green Area.
The location of the present Eagle Square near the Federal Secretariat used to be a Green Area. It is now fully paved with sitting arena, used for the transition of Government from Military to Civilian Rule in 1999 and still used today for important functions.
The magnificent Millennium Towers being developed to serve as a major landmark in the Abuja is located on a former Green Area.
The new Jabi Lake Mall that created several employment opportunities for many Nigerians is situated on a former Green Area adjoining Jabi Lake.
The PTDF Headquarters, Shehu Musa Yar’Adua Centre, Silverbird Galleria and Arts and Craft Village are all located on the former Cultural Spine designated by the Master Plan for the development of a National Theatre akin to the one in Lagos.
The Presidential Villa is not located on the plot designated by the Master Plan for that purpose. Also, the Vice President’s residence is located on a former Green Area adjoining the Federal Court of Appeal.
The residence of Hon. Herman Hembe, Chairman, House Committee on FCT is completely located on a Green Area. Also, many occupied houses at the National Assembly quarters are on Green Areas. These include: Plots 827, 423, 461, 464, 466 and 467 amongst many others.
The Minister’s Hill, Maitama was initially designated as a Green Area entirely. However, even before the last review of the layout by the immediate past FCT Administration, large residential plots were curved out and developed with infrastructures during the Military Era and have always been occupied as official residences of Ministers that were eventually sold to them under the Government Policy on sale of Government houses. Without any prejudice these Plots include: 2278, 3267, 3359, 4587 and 4588 Cadastral Zone A06. The immediate past FCT Administration ONLY increased the number of plots on the Minister’s Hill. It suffices to mention that presently some portions of the Minister’s Hill are still left as Green Areas.
Most of the Plots, developed and occupied opposite the Minister’s Hill, Maitama on the other side of Alvan Ikoku Street were obtained from erstwhile Green Areas. Without any prejudice, these plots include: 2431, 2432, 2433, 2434, 2435, 2436, 2437, 2438, 2439, 2494, 2495, 2804, 2805, 2806, 2807, 2881, 2882, 2883, 2884, 3203, 3204, 3205, 3206, 3207, 3208, 3209, 3289, 3302, 3532, 3535, 3536, 3537, 3540, 3613, 3614, 4035, 4037, 4038, 4085, 4086, 4087, 4088, 4562 and 4563, A06 amongst hundreds of others from that Green Area alone. The allotees of these Plots made applications, paid government fees, were granted allocations, obtained development approvals, developed and now occupy their properties.
Green Area Plot 570, A08, Wuse 2 has been re-designed into large Plots 1784, 1785 and 1786 that are fully developed with luxurious houses and other buildings.
Substantial part of Maitama Extension Layout (Phase 1) is located on Green Area designated by the Master Plan for Sports and Recreation.
Guzape, Katampe Extension and Maitama Extension (Phase 2 popularly known as Maitama Aleiro) are not part of the initial Abuja Master Plan. They fall on the fringe of the city, which is the FCC Green Buffer Zone.
Military, Security and auxiliary formations like Aguiyi Ironsi Barracks, Niger Barracks, WU Bassey Barracks, Yakubu Gowon Barracks, Lungi Barracks, DIA, NAOWA, NAFOWA, NOWA, DEPOWA, NIA and others are not part of the original Master Plan but located on part of the FCC Green Buffer Zone.
Most Green Areas in Federal Housing Authority (FHA) Estates in Gwarinpa and Lugbe have been re-designed into residential, commercial and filling stations plots. Relevant Committees of the Senate or House of Representatives or even the Ministry of Power, Works and Housing have NOT made issues of public or national debate out of this. None of these Committees invited or directed the Hon. Minister of Power, Works and Housing to revoke the commitments made by the FHA. The FCT Senate Committee is different and delving into Executive functions.
The Hon. Minister, FCT can request from Urban and Regional Planning Department earlier Landuse Plans of the FCT with the various Town Planning Colour Codes for reference. The review of the Abuja Master Plan took place under various past Administrations of the FCT. The above reviews were done to meet certain needs of the time; the 1978 Land Use Act empowered past and present Administrations to do so and their actions were therefore not illegal.
Fighting illegalities and corruption in Nigeria by any organ of Government is worthy of support but there is the need to understand what actions constitute “corruption”, “illegality”, “violations” or “land grab” in terms of any Master Plan in Nigeria, being it in the States or the FCT. Any action stipulated by law should not be categorized as illegal. For instance, the current FCT Administration is re-designing a Green Area in Guzape for current Ministers as mentioned above. This is not an illegality as the Administration is empowered to do by the 1978 Land Use Act.
1978 Land Use Act and Powers Granted to Governors:
The 1978 Land Use Act is the Law that guides the control, management and administration of Land in the FCT and indeed Nigeria as a whole. The Hon. Minister of the FCT, like State Governors, has been empowered by Provisions of the Act on land matters in the FCT. Among these powers, two are highlights below.
Part I Section 2 (Sub-Section 1a) under General, the 1978 Land Use Act says: “As from the commencement of this Act - all land in urban areas shall be under the control and management of the Governor of each State.” In the case of the FCT, the Hon. Minister.
Part II, Section 5 (Sub-Section 1a) says: “It shall be lawful for the Governor in respect of land, whether or not in an urban areas: to grant statutory rights of occupancy to any person for all purposes; Therefore any allocation granting a piece of land to any person in Nigeria does not amount to illegality.
From the above, the States Governors and FCT Minister have powers to control and manage lands in the States and FCT respectively. The term “control” used in the law is without limits; and can include granting approvals for new design, re-design or review of existing plans subject to prevailing needs and based on the advices of relevant professionals. The power to allocate land to “any person” is also without limits. Where an FCT Minister grants approval to re-design existing plans or allocates land even on his last legitimate day in office such actions cannot be termed as illegal because the law provided such powers. It only becomes illegal when the actions are done without the express approval or consent of a sitting Governor or FCT Minister. It is inappropriate to state that the President of the Federation, Governors or FCT Minister violated Master Plans because the 1978 Landuse Act empowers them to review Master Plan or Landuse Plans; and therefore Senator Melaye has no right to state that the past Head of States/Presidents and FCT Ministers did “illegal”, “satanic” or “Land Grabbing” acts in the FCT; and therefore he should retract his statements. Indirectly, he is trying to usurp or reduce the powers of the Executive on land matters in Nigeria.
If Senator Melaye or any other person fells bitter or perceives any illegality on land matters in the FCT by past and present Administrations in the FCT, he/she should seek redress in a court of competent jurisdiction. Again, the redress should be total and holistic covering all past and present designs, re-designs and allocations without any iota of prejudice and selective justice against any person or Administration.
Reasons, common sense and developmental issues should be the focus while unnecessary incitements, personal differences or settlement of old scores that are unnecessary and unhealthy to our developing democracy should be discarded as such are signs of political immaturity and can be interpreted to be politics with bitterness contrary to the famous “politics without bitterness”.
Land control, management and administration in the FCT are exclusive functions of the executive arm of government under the control of the President of the Federation that delegated such functions to the FCT Minister. The current FCT Minister should understand his powers in the control and management of land in the FCT; and he should not subjugate, degrade or rubbish such powers; he should not condole any act from any arm of Government that tends to negate his powers of and to avoid any act that would ridicule past FCT Ministers due to obvious incitements from the Legislative Arm of Government that he does not represent. If the FCT Minister tows the line of Senator Melaye he will soon be a tool in the hands of the Legislature. We are not advocating for friction in governance but encouraging and canvassing clear separation of power with adequate mutual respect and cooperation in line with the dictates of democracy, which our organisation seeks to uphold. Senator Melaye or the Legislature should not interfere with Executive functions as they are not empowered by the Constitution to do so neither are they appointees of the President. The Senator should therefore desist from issuing directives to the FCT Minister or any staff of the FCT Administration in any form or ratification, except through appropriate recommendations guided by the Constitution.
Functions of Committees:
It may suffice to mention that every Committee inaugurated either by the Executive, Legislature or Judiciary are to make observations, findings and proffer recommendations ONLY depending on their Terms of Reference. They have no business or right to give directives or issue orders or implement certain functions that are not stipulated. It is the authority that may consider, approve and implement the recommendations or otherwise.
Senator Melaye and his Team as well as the FCT Minister should note that a Committee is not a Task Force and should not pretend to be so. Every Committee under democracy should maintain some decorum and observe real rule of law.
Town Planning Schemes or Plans Preparation:
In Town Planning practice; there is a term called “Process of Planning” used in producing physical planning schemes like Master Plans or Landuse Plans. This process consists of 8, 10 or more steps, namely: Step 1. Establish Goals and Terms of Reference. Step 2. Organize the Work. Step 3. Analyse the Problems. Step 4. Identify Opportunities for Charge. Step 5. Evaluate Land Suitability. Step 6. Appraise the Alternatives: Environmental, Economic and Social Analysis. Step 7. Choose the Best Option. Step 8. Prepare the Landuse Plan. Step 9. Implement the Plan. Step 10. Monitor and Revise the Plan. For reference purposes, please visit http://www.fao.org/docrep/t0715e/t0715e03.htm. It is a requirement of the Planning Process that all Planning Schemes (Master Plan or Land Use Plan) must be monitored and reviewed from time to time. The Nigerian Institute of Town Planners (NITP) can confirmed this.
Master Plan as a Dynamic Document:
Original Master Plans or Landuse Plans did not fall from the sky. They are creations of professionals with the approvals of either the State Governors or FCT Minister. Any Master Plan in the world is not a static document but a dynamic one that can be reviewed periodically due to the exigencies of time, experience and needs. Those that conceived and designed the Master Plan at inception may not have certain information, technology or experience that can be available in the future; and when such are available, these documents can be reviewed to meet the present needs provided necessary approvals are available.
For instance, when the first Abuja Master Plan was conceived and designed, GSM was unavailable and space was not provided for such facilities. Today, GSM is available and therefore sites for GSM facilities like Telecom Masts are provided within the existing Master Plan to meet current needs. This is not a violation but necessary reviews and adjustment to accommodate the present needs of the people. Past, present and future reviews of the Abuja Master Plan is not illegal but part and parcel of the Planning Process provided it is approved by sitting States Governors or FCT Minister.
The review of the Master Plan is NOT done directly by the States Governors or FCT Minister but by trained professionals with appropriate recommendations. The professionals are responsible for observing all the processes of reviewing such plans. When a plan is reviewed and approved by the Minister, the new Master Plan or Landuse Plan becomes the subsisting plan, it becomes a new policy document and implementable by the bureaucrats. This is not illegal. The current FCT Minister has all these powers.
Constitutions, Laws and Policies are Reviewable:
The Constitution, the highest law in any country, is reviewable. The National Assembly has statutory powers to make and review laws for the Federation. It is their absolute responsibility. If they review the Nigerian Constitution or any Law of the Federation, they have not acted illegally. In the same manner, the Hon. Minister, FCT is empowered by the 1978 Land Use Act to control and manage all the land in the FCT that include the periodic review of the Abuja Master Plan, allocation of plots to “any person” and other related matters. Any sitting FCT Minister can do so and it is not illegal because it is within the Provisions of the law.
The statement by Senator Dino Melaye that past FCT Administrations have violated the Abuja Master is in error for the following reasons: (1) The Planning Process requires periodic reviews of Master Plans or Land Use Plans; (2) The 1978 Land Use Act empowers the FCT Minister to have control on land in the FCT; (3) Even the Constitution, other Laws and Policies are reviewable; and (4) Only a competent Court of Law can interpret and declare whether or not past FCT Ministers acted “illegally” or “satanically” on land matters and not Senator Melaye or the National Assembly to so declare.
FCT and Remaining Green Areas:
The previous reviews of the FCT Master Plan have not adversely impacted on Parks, Green Areas and Open Space in the Federal Capital City. For instance, the Maitama District, Cadastral Zone A06 ALONE where the Minister’s Hill is located still has about 68no. Parks, Green Areas and Open Spaces with an aggregate size of 104.2 Hectares. These do not include the Green Verges with ample trees, shrubs and ornamental plants along the Roads and Avenues. Therefore all hope is not lost due to the re-designs of the Minister’s Hill and other Green Areas in Maitama. In fact, the combined size of the re-designed Green Areas is insignificant compared to the remaining Green Areas still available in Abuja that are adequate enough for sustainable Eco-Friendly City even without unnecessary revocation of allocations usually accompanied with disputes and litigations.
Conflicts among Past and Present Leaderships Involved in the FCT:
Either by design or accident, the FCT Administration has found itself at the middle of sworn enemies, who are bent on undoing the acts of one another for all reasons other than altruism and patriotism. The leaderships of the Senate Committee, House Committee and Development Control are respectively embroiled in personal and political rivalries that may have dire consequences for the FCT broader governance.
The Senator representing Kogi West in the 7th National Assembly was Senator Smart Adeyemi, who was also the Chairman, Senate Committee on the FCT. Senator Dino Melaye took the seat from Senator Smart and is also the current Chairman of the same Committee on the FCT. Both Senators were in courts over the Senatorial Seat that was decided in favour of Senator Melaye.
The member of the House of Representatives from Benue State in the 7th National Assembly was Rt. Hon. Emmanuel Jime, who was also the Chairman, House Committee on the FCT. Hon. Herman Hembe also from Benue State and an arch rival of Hon. Jime, is also the current Chairman of the same Committee on the FCT.
The immediate past Director, Development Control Department is Tpl. Yahaya Yusuf and the present Acting Director is Tpl. Hamza Madaki Tayyub, a Deputy Director. It is a fact in the Department and indeed the entire AMMC (Abuja Metropolitan Management Council) that both men are not best of friends partly due to power tussles, betrayal, and insubordination. The nature of their relationship became obvious when Tpl. Tayyub upturned the approval granted by his former Director and ordered stoppage of fencing works in respect of the approval on building height limit on a small layout in Jabi around the Lake. It was also understood that the same Acting Director set-up a caricature Committee that initiated a memo to the FCT Minister requesting for the revocation of all plots on the aforementioned layout near Jabi Lake. Many of the so called members of the Committee denied involvement in the preparation of the memo.
From the above relationships and ensuing conflicts, if the new Hon. Minister, FCT and Permanent Secretary are not careful, watchful and observant they may find themselves in a web of conflicts resulting from personal interests and self-ego that do not concern them and will be acting scripts unknown to them under the disguise of restoring the Abuja Master Plan.
These conflicts are capable of derailing and retarding the implementation of government programmes in the FCT as well as sabotaging the hard-earned goodwill of the present Administration both at the FCT and Federal levels. This is in addition to the attendant overwhelming and expensive litigations and court injunctions against the FCTA.
Senator Dino Melaye:
Senator Dino Melaye was a unionist, an activist, now a politician and Senator representing the people of Kogi West Senatorial District. He is vocal, young, in his forties with a lot of energy and exuberance. He thrives in blackmail, impunity, administrative ignorance and controversies. The following realities and activities of the garrulous Senator underscore the point:
Apart from public service, unionism and politics in the 6th and 8th Assembly, Senator Melaye is not known to have inherited any wealth from his parents or engaged in any business that could provide and sustain the stupendous wealth and glamour he enjoys. He has fleets of mansions and exotic cars including a sport car that cost up to 80million Naira and a mansion worth hundreds of millions of Naira. The government may wish to beam its light on his wealth for accountability and proper tax rendition.
In 2015, the immediate past FCT Administration granted to Senator Melaye not less than five Plots in choice locations in the city. Two plots are in his personal names: Dino Melaye and Dino David Melaye. The remaining ones are in the names of companies including Melaye Global Services Limited. Also, the FCTA granted a plot to his sister in choice location, whose market value is put at about 1.5 Billion Naira. Our organization is not against the allocations to Senator Melaye, companies representing his interest or his sister but frowns at his hypocritical condemnation of sharing our ‘common patrimony’ when he is thickly involved in the sharing of the same patrimony. “What is good for the goose is good for the gander” is a popular adage with a clear meaning.
Senator Melaye and his colleagues frequently tour the Abuja city and dish out orders and directives directly to the staff of the FCTA without recourse to the Hon. Minister. The Senator is known to have directed the Director of Development Control Department to issue Stop Work orders on some developments on sites in the FCT. These are strictly Executive functions, and the Public Servants of the FCT Administration are not answerable to the Senate. Oversight duties of the Legislature should not permit the Senator to delve into the supervision of Public Servants in the FCT. The FCT Minister may wish to address this with all seriousness.
Senator Melaye seems to support the current Senate President with unalloyed loyalty and commitment. While he cannot be blamed for showing gratitude for his appointment to the FCT Committee Chair, he should however lighten his moral burden by recognizing that the Senate President is standing criminal trial for corruption and cornering of Kwara’s common patrimony. Senator Melaye ought to have advised the Senate President and others to resign for the sake of integrity. He failed to do so instead he wants to sanitise the “juicy” land matters in the FCT.
As a member of the 6th House of Representatives, he was engaged in a free-for-all fight during a plenary session. He was therefore one of the 11 members that were suspended from the National Assembly for 1 year by the then Speaker Hon. Dimeji Bankole. The free-for-all fight started when Dino Melaye and Doris Uboh left their seats in the chambers to violently snatch a paper from Hon. Chile Ogbuagu who had the floor and was attempting to move a motion in line with the order on privileges. The fisticuffs was fierce and his clothes and those of others were torn and he left the Assembly almost naked. It was so embarrassing and controversial that the then Speaker had to apologize to Nigerians including school children that were on a visit to the National Assembly when the embarrassing fight occurred.
Recently, in the Senate, Senator Meaye was advocating for made-in-Nigeria women for marriage by Nigerians to avoid payment of dowries in Pounds or Dollars and delved into the personal life of, according to him, his “uncle” Governor Adam Oshiomhole for Marrying a foreign wife’ It will be noted that wedding of the Governor was attended and blessed by the present President and many people of impeccable character. Many Nigerians married and are married from other countries; and they are living peacefully and contributing to the growth and development of Nigeria. President Obama is a product of such relationships and many Africans and Americans are proud of him. Marrying from other countries can foster international relationships, cooperation and trades between countries and cannot therefore be portrayed as illegal or abnormal., Senator Melaye’s conduct is unbecoming of a Senator of the Federal Republic.
SaharaReporters, an on-line news hub, carried a report that was not favorable to Senator Melaye; as a result of this, he was canvassing during a Senate plenary for the Nigerian Government to write to the American Government because his person and personal interest has been affected. This has the tendency of dragging Nigeria and America into unnecessary diplomatic discord over his frivolous personal interest when he can just ignore the publication or at most sue the company personally.
Senator Melaye seems to forget his primary functions for his Constituency, the Kogi West Senatorial District and exerting steam and energy on the FCT, which is a secondary function. Obviously, the people of Kogi may wish to know if the Lokoja Master Plan has been “violated” or not. He should confirm this and sanitise it, if needs be, because “charity begins at home. His interest seems to be on the juicy Minister’s Hill Maitama, Abuja. He ought to remember that the FCT has a Senator in the person of Distinguished Senator Philip Aduda who was elected by the Abuja residents, he represents the Abuja people and not Senator, Melaye.
We cannot conclude this expose by not mentioning another gladiator and rent seeker in the FCT system, Hon. Hermen Hembe. He is also perfecting his strategy to exploit and extort the FCT Administration maximally. He has not learnt any lesson in his encounter with Securities & Exchange Commission (SEC), which landed him a criminal trial. Right now, his personal property is located in a green area and has been arm-twisting the Department of Development Control to regularize the illegal development.
Leadership and Service Delivery:
Leadership is from God. He gives and He takes. When you are in a leadership position you should remember that God ordained and allowed it; and therefore you must be humane, merciful, just and accommodate everybody, both friends and foes, provided stealing or diversion of public funds are not involved. Leadership is not about vengeance or settlement of old scores. Nelson Mandela is an example. After being incarcerated for 27years and later became President of South Africa, he never went on revenge mission but set up the “Truth and Reconciliation Commission” that earned him global respect before his demise and dignified funeral. Leadership is about serving the people and providing services, facilities, amenities and welfare for the people; and not being vindictive and strategizing to corner peoples’ common wealth. Sooner or later every leader will be out and become part of history. Only goodwill achieved becomes relevant.
Observations:
The present FCT Administration and indeed Nigerians may wish to consider the following observations:
The 1978 Land Use Act empowers State Governors and FCT Minister to control, manage, administer and allocate land to “any person” within their territories in Nigeria. When they do so it is not “illegal”, “satanic” or “land grabbing”.
The same Act did not make any Provision that the States or National Assemblies should make any input in the control and management of land in the territories of the States or FCT.
The Senate or House Committees and indeed the Legislature does not have the capacity or jurisdiction to administer land or restore the Abuja Master as it is not their function. Therefore, it they are bent on doing same it implies that they will have to arm twist the Executive to do so.
Oversight Functions of the Legislature in the FCT should not usurp the statutory functions of the Executive or Judiciary as seemingly done by Senator Melaye who supervises and gives directives directly to Public Servants under the Executive and also interprets the statutory actions of the Executive on land administration and giving the verdict as “illegal” or “satanic” acts.
Rule of law and democracy stipulate clear separation of powers. The FCT Minister does NOT report to or take directives from the FCT Senate Committee or the National Assembly. The best is for the House Committees to make recommendations that the Executive may wish to implement, if suitable or effective.
The new FCT Administration has not yet initiated or commissioned any projects in the FCT, and it is deemed inappropriate to commence works with revocation of land titles duly allocated to innocent Nigerians or demolition of properties in the FCT built with necessary approvals.
It is considered unnecessary to ridicule past FCT Minsters or Administrations or even Policies of Government. When the new FCT Minister reported to the office after the inauguration, he made a solemn pledge that - he will continue from where his predecessors stopped. This was recorded and reported by the media especially the NTA. Senator Menaye or the FCT Senate Committee should not cause the Hon. Minister to renege on this important pledge that is on the path of peace and continuity in government.
The present FCT Minister does not appear to be strong and resilient on Executive functions without the interference of the National Assembly. He listens to avalanche of rumours about FCTA Public Servants and does not trust them. Recently, the Hon. Minister himself based on rumours was seen by many interrogating someone whether certain staff collect money for search over land titles. He was informed by a guest that no money was given to anybody to obtain search result; and he left disappointed. This is frivolous amounting to waste of time of the Hon. Minister and derogation of his office as FCT Minister. The President does not check the Ministers, Permanent Secretaries or Heads of Parastatals personally in such frivolous manners. There are Security Operatives empowered by law for such investigations that would have done that, obtained evidences and submit official reports for appropriate sanctions against erring staff.
Every city, facility, device and invention is subject to periodic transformations and changes to improve their functionalities, meet contemporary needs and keep abreast with the demands of time. Living things change from their original form at birth to matured adulthood state. This is called growth and development and nothing, not even the Master Plan remain static but are subject to improvements and changes to keep abreast with current times and realities. The original Master Plan is agreeably archaic and without provisions for contemporary needs and facilities. Restoration of the old Abuja Master Plan is akin to restoring the present improved cars to their original versions of 1920s to 1970s that are archaic and good for the archives.
In terms of cost benefit analysis, restoring the Abuja Master Plan implies the identification of all plots that were not part of the original Master Plan, revoking such allocations, compensating the owners that have titles and approvals based on current values before the demolition of all affected developments. This activity may affect over five thousand houses, other buildings, telecom masts and other facilities that can cost the Government and its people trillions of Naira in compensation and losses. We in the RDV and many Nigerians want to know the cost and benefit of this activity to the Government or the people especially when recent survey indicates that Nigeria is in deficit of over 16 million houses coupled with the current economic realities.
This activity of restoring the Abuja Master Plan as hatched by Senator Melaye and others is vindictive against past Administrations; an opportunity to settle old scores with their perceived foes; has no economic or developmental value; shows their ignorance on Master Plan and its review mechanisms; displays their lack of contact with the Provisions of the Land Use Act; can cause resentment against this Administration; can destroy the goodwill of this Government; and capable of sabotaging the Buhari Administration that Nigerians yearned for. The Hon. Minister, FCT seems to lack the capacity and foresight to decipher this grand plot by Senator Melaye and others with the attendant consequences as he is playing to the gallery.
Recommendations:
For the purpose of moving the FCT forward towards growth, development, peace and progress without stirring peaceful waters, disputes and litigations between the people and the Administration, the following recommendations are hereby proffered.
Part V of the 1978 Land Use Act under Provisions for “Revocation of Rights of Occupancy and compensation therefor” has NOT provided for revocation of allocations due to re-designs of Master Plan, change of landuses or restoration of old Master Plan; and therefore any attempt to do so will amount to gross violation of this law. This FCT Administration must be seen to observe rule of law in all manners and ramifications. Also, the Administration should avoid being misled by the Legislature that will affect the goodwill of this Administration, attract torrents of disputes and litigations and sabotage the present Buhari Administration. The present FCT Administrations should not emphasis revocations and demolition of properties with statutory land titles and development permits as the, cost benefit analysis is in the negative.
If the present FCT Administration insists on revocation of allocations on erstwhile Green Areas, it should be total including all changes to the Master Plan from inception to date. All acclaimed changes to the Master Plan that include already developed properties like the UN House, PTDF Office, Silverbird Galleria, Millennium Towers, Eagle Square, Telecom Masts, Supreme Court Judges Quarters and buildings and others mentioned above located on former Green Areas in the city must be pulled down and compensations fully and appropriately paid by the FCT Administration. Anything otherwise will amount to selective justice and witch hunting against the past Administrations. The people are watching and as an NGO we are also watching. Revocation and restoration of the Abuja Master Plan is a herculean task, expensive, was not a campaign promise and totally unnecessary to the FCTA especially in this hard time.
The present FCT Minister should be firm and resolute on executing Executive functions in the FCT and should not allow the National Assembly to usurp his powers or interfere with Executive functions. He should direct all staff of the FCTA to desist from carrying out directives directly from the National Assembly except those recommendations that came through the Minister’s office with his approvals. Anything otherwise will amount to two parallel governments in the FCT.
The FCT Minister may wish to look into the welfare and interests of his staff as they are the engine room of information, knowledge and experience that are mostly undocumented and useful for positive transformation of the FCT. Presently, apart from Directors, all staffs from the least to Deputy Directors earn less than 20,000 to slightly above 150,000 per month. Meanwhile, cost of accommodation, school fees and general costs of living in Abuja, where they must live to work, is among the highest in the country. He should relate with them effectively, efficiently and humanely towards accomplishing his goals, objectives and aspiration for the FCT. No human is perfect but good leaders can make imperfect men, better and useful. Rumours and notions about Public Servants are counterproductive. He should not underestimate the staff as this has led to strikes in the past that shut down FCTA businesses with the attendant losses in revenues and embarrassments to leadership.
The FCT Minister should consider the policies of past FCT Administrations and seep out those that can be adopted, reviewed and implemented just as the Federal Government considered and now implements good policies of past Administrations like the TSA, Agricultural, and other Policies. This is because the present Administration is focussed and not involved in witch hunting any past Administrations.
The FCT Minister should be focussed; avoid distractions; and come up with clear, fealisible and credible Roadmap that transcends city management with prioritisation of infrastructure development in both the Federal Capital City and the Satellite Towns for peace, progress, wellbeing and development of the FCT for the collective benefits of all.
Litigations and International Petitions:
If the present FCT Administration is bent on restoring the Abuja Master Plan, it should be total and to its original design at inception without any iota of selective justice. Any perceived selective restoration will amount to injustice and litigations in Nigeria, and we as an international NGO with an interest in the rights of the people for sustainable democracy will petition this Administration at the International Human Rights Commission on behalf of the people for redress towards total justice.
With a deep sense of loyalty and good wishes to the Buhari Administration, we at this moment request Mr. President to look kindly into the above observations and recommendations critically; and call the Hon. Minister FCT to order for peaceful and positive changes in the FCT.
We thank Mr. President and wish Your Excellency good health, strength and wisdom to steer FCT and indeed Nigeria to greatness and development. Long live Nigeria.
Alh. A. A. Sani
Country Director,
Rights and Democracy Volunteers (RDV)