Stakeholders seek out of court resolution of Wuye market crisis
Those who paid for shops in the disputed Wuye Ultra Modern Market, Abuja now seek alternative ways of ending the matter.
Last Tuesday, the traders numbering about 200 converged on the Area 11 office of the Minister of the Federal Capital Territory (FCT), Muhammad Bello to register their displeasure over the closure of the market two years after it was commissioned.
The N6.5billion Wuye Ultra Modern Market located in Wuye district of Abuja was built through a Public Private Partnership (PPP) between the FCT administration and a private developer, All Purpose Shelters Limited. Two years after commissioning, the market has been under lock due to litigation commenced by 707 “supposed beneficiaries” of the facility.
The traders are in two groups: the first being 707 traders that got allocation paper in 2002 from the former Minister of FCT, Abba Gana when Bakassi Market was consumed in fire and the second being those who paid for shops to the developer four years ago.
The first group which says it is entitled to the market and would not pay charges to the developer won its case in both the FCT High Court and the Court of Appeal. The group sued the FCT administration, Abuja Investments Company Limited (AICL) and All Purpose Shelters Limited claiming it has stake in the market by virtue of allocation letter offered them.
But over 1,000 traders have so far put down stakes in the market through the developer. While the 1,000 brandish keys to shops in the market, the 707 brandish allocation paper. The developer gave the keys while government issued the letters. Apart from the shops not being enough to cover all, the developer that got Certificate of Occupancy in 2004 complains that much has been expended in building the facility and now is time to begin recouping the investment. Government says it gave allocation paper to 500 but 707 bear the document. There are only 1,600 shops.
Following a meeting of the second group on Thursday, 28 January in Merit House, Abuja, the group converged on the minister’s office last Tuesday seeking audience with the minister to urge him to intervene so the doors of the market could be opened.
The minister was not available. The Permanent Secretary FCT administration, Dr Babatope Ajakaiye asked the protesters to delegate five persons for dialogue. The delegation was told that the minister would look into their complaints and make pronouncement.
Jan 28 stakeholders meeting
During the January 28 meeting, the traders expressed divergent views. Many lamented that by now, they would have opened shops for business but the legal tussle continues to linger. The question was, “how long are we going to wait?”
President of the Market Women Association Mrs Felicia Sani said the first group that dragged the developer to court paid only N5,000 to FCT administration so they cannot enter the market and claim shops like those who coughed up millions of naira.
A trader accused AICL of being lukewarm in the face of the challenge they and the developer are facing. AICL is the business arm of the FCT administration. AICL it was that midwifed the PPP deal between the administration and the developer. According to the trader, the administration would have come forward with records to support the developer deal with the matter.
Another trader suggested that the developer should go meet government to resolve the matter and stop paying lawyers who are only complicating matters. But counsel to the developer, Lekan Ogunleye assured the gathering that the developer will emerge victorious, citing the governorship election case in Rivers State where a party won in both the court of first instance and in the Court of Appeal yet lost at the Supreme Court.
At this point, more questions were raised: what happens should the matter be lost in the end - if all judgments do not favour the developer? How can one get back their investment should they decide they are no longer interested in the business?
It was also suggested that government be asked to allocate alternative land to the 707 traders so they can move there and leave the Wuye market traders enjoy some peace.
Lawyers were lambasted for failing to win a case for one who holds Certificate of Occupancy against one who holds mere provisional allocation paper.
Someone was particularly disturbed that different markets were developed through the same PPP: Garki, Kaura and Mabushi but there were no issues like the Wuye market.
At the end, it was decided that an association be formed under the name Wuye Ultra Modern Market Shop Owners. This association will liaise with relevant bodies including the FCT Minister to end the logjam.
Counsel to the developer Ogunleye acknowledged that the matter can be better solved in a roundtable, saying the FCT minister is the proper person to arbitrate.
Manager of All-Purpose Shelters Limited Balogun Oluwasegun said: “The way forward is they should come in as a team, as a voice to let government know that government needs to respond. Government gave them the courage to come and pay to us what they have paid.”
It was this resolution that prompted the march to the minister’s office on Tuesday.