Court orders AMMC to pay compensation for destroying sign ost

An FCT High Court in Jabi on Tuesday ordered the Abuja
Metropolitan Management Coubcil (AMMC), to N2 million as
compensation to a businessman, Chief Ogbu-James Onoja for
destroying a sign post lawfully acquired by him.

AMMC is a department under the Federal Capital Development
Authority (FCDA).

Justice Charles Agbaza of the court equally granted other
relieves sought in the suit with No. HC/CV/2922/2018 filed in the
court in July 2018 by Onoja, a Senior Advocate of Nigeria
(SAN).

According to the Judge, based on the findings of the court, the
plaintiff has proved his case with credible evidence and has made
out a case to warrant the granting of the relieves sought.

Others joined in the suit are the Abuja Municipal Area Council
(AMAC), the Federal Capital Development Authority (FCDA) and
AMMC).

The plaintiff (Onoja) had told the court in the originating
summons that the respondents breached the provisions of the
constitution of the Federal Republic of Nigeria (FRN) in respect to
sections 7, 303, 318 First Schedule Part 2, Paragraph 1(G) of the
fourth schedule.

The plaintiff had claimed that after following due process as
enumerated by AMAC when he was first approached the council to name
in Wuye District of the FCT as “Ogwu James Onoja Crescent’, AMMC, a
department under FCDA went ahead to dismantle it after some
months.

According to the plaintiff in the originating summon, he was
approached with the idea by the officials of AMAC since he had a
building in the area, in which his office is also situated.

The plaintiff added that he was asked to pick a form for N25,
000 in this respect, and also carried out and did everything he was
asked to do.

The plaintiff said that after the payment of the N25,000 and
filling of the form, he was asked to pay another N7, 000 for per
metre length and another N3, 106 per metre as social service
contribution to the area.

Onoja also told the court in the summon that he paid N1 million
on March 6, 2018 and another N1 million on March 7, 2018 to AMAC in
respect of the transaction.

According to Onoja, his letter paper to his office and other
correspondence were changed at the period to reflect the new name
of the street, and that he was surprise to see another parallel
sign post with the inscription of “Amma Pepple Crescent’’ on that
street after few weeks.

The plaintiff had prayed the court for a declaration that only
the AMAC has the powers of naming of roads, streets and numbering
of houses in the area council and no other, and a declaration that
the AMMC and any other department or the FCDA itself do not have
the powers to do such.

Onoja is also prayed the court for a declaration that AMMC,
other department or FCDA itself do not have the powers to demolish,
dismantle, or destroyed street signs and post mounted by AMAC and
other area council for that matter.

The plaintiff also prayed for an order mandating, directing or
compelling AMMC to remove the street post bearing Amma Pepple
Crescent from the street with immediate effect.

He also prayed for an order restraining the AMMC and any other
department or agency of the FCDA from tempering with the street
named after the plaintiff and an order restraining them from
carrying out any other destruction on the crescent.

The plaintiff also prayed the court to grant N500 million as
general damages against the AMMC.

The News Agency of Nigeria (NAN) reports that AMAC had bowed to
the pressure of the plaintiff during their argument admitting that
the plaintiff was right in his argument but FCDA and AMMC disagree
with the position.

Mr M. A Ebute, the plaintiff counsel had maintained a position
in the originating summon , that only AMAC had the legal say and
right as contained in the Nigeria constitution to name a street
after person and not the FCDA and AMMC.

Mr Idris Yakubu, counsel for FCDA and AMMC, had argued that
there was no Act of National Assembly establishing the structure,
composition, finance and functions of the area council in the FCT
as contemplated by Section 308 of the 1999 constitution.

Yakubu also backed his argument with Section 7(5) of the 1999
saying that the National Assembly was yet to conferred a law on
AMAC to carry out such function to name a street after person
adding that, it is only National Assembly that can give such power
to AMAC

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