A Federal High Court sitting in Abuja has awarded the sum of One hundred million Naira ( 100,000,000.00) as exemplary damages against the Abuja Municipal Area Council, Abuja Metropolitan Management Agency and the Federal Capital Development Authority for unlawfully removing the street sign named after Chief Obidi Ume by the Abuja Metropolitan Management Council.
In an originating summon filed against the Abuja Municipal Area Council, Abuja Metropolitan Management Agency and the Federal Capital Development Authority on the 20th of June,2022 before Honourable Justice Edward Okpe of the High Court of the Federal Capital Territory, with Suit No: FCT/HC/CV/2083/2022, the plaintiff, Chief Obidi Ume sought for the determination and interpretation of section 7, 303,318 as amended whether the Abuja Municipal Area Council is not conferred with powers of naming roads, streets, numbering houses within the Area Council as done by every Local Government Area of Nigeria.
The plaintiff also sought for the determination and interpretation of the court on whether the Abuja Metropolitan Management Council and indeed any other Department of the Federal Capital Development Authority has powers to roads and street naming and house numbering in Abuja Municipal Area Council and indeed any Area Council in Abuja. And also whether the Abuja Metropolitan Management Council or any other Department under the Federal Capital Development Authority has the powers to demolish, dismantle or destroy street posts and sign boards mounted by the Abuja Municipal Area Council or any other Area Council for that matter in view of the provisions of sections 7,303,318,Part 11 of the First schedule and section 1 (g) of the Fourth schedule to the 1999 constitution of the Federal Republic of Nigeria (as amended).
In his ruling on 12th December,2022, Honourable Justice Edward Okpe ruled among others that:
AMAC is not conferred with the powers of naming roads and streets, numbering of houses within the Area Council as done by every Local Government Area of Nigeria. That by the provisions of ” section 7, 303,318, Fourth schedule particularly part 2 and section 1 (g) of the Fourth schedule to the 1999 constitution of the Federal Republic of Nigeria 1999 ( as amended), the Abuja Metropolitan Management Council and indeed any other Department of the Federal Capital Development Authority has powers of roads and street naming and house numbering in Abuja Municipal Area Council and indeed any Area Council in Abuja.
The Court however ordered the Abuja Municipal Area Council and the Federal Capital Development Authority to remove the street post bearing Adesola Olusade from the crescent with immediate effect and restore the name of the plaintiff; Chief Obidi Ume forthwith.
The Court also restrained the Abuja Metropolitan Management Council and any other Department or Agency of the Federal Capital Development Authority or the Federal Capital Territory itself from tampering with the street named after the plaintiff and a perpetual injunction restraining the Abuja Metropolitan Management Council (AMMC) and any other Department or Agency of the Federal Capital Authority from further destruction and demolition of Roads and streets named by the Abuja Municipal Area Council of which the plaintiff is a beneficiary. The Court further granted the sum of One hundred million Naira ( 100,000,000.00) as general and exemplary damages against the Abuja Municipal Area Council and the Federal Capital Development Authority.
