Firm Sues Minister, FCTA, Others For Breaching Abuja Masterplan
the claimant subsequently
produced detailed designs EDIDIAH International and drawings for the park
Limited has instituted a leand submitted same to the gal action against Danu InFCT Department of Park and vestment Ltd., the Federal Recreation for vetting and Capital Territory ( FCT) Minisapproval, which reportedly ter, Mohammed Bello, and forwarded same to the Dethe Federal Capital Territory partment of Development Administration ( FCTA), beControl for approval. fore a High Court of the FedThe affidavit read: “That the eral Capital Territory, f or Department of Development allegedly allocating a recreControl gave the claimant a ation park/ green area for the bill of N1, 322, 691.60 as settleconstruction of a filling stament of building fees. The tion. settlement of building plan
The company is seeking an fee is herein attached and order of the court directing marked exhibit C. the minister and the FCDA to “That upon payment of the adhere to the Abuja Master building plan fee, the DePlan, and to protect the area partment of Development designated as green areas in Control granted a building the masterplan from being plan approval to the used for another purpose. claimant to construct build
In an originating summons ings on the park. That somefiled by its lawyer, Emmanuel times in 2015, the claimant Adedeji of Adedeji Harwood was clearing the grass on the and Co, the claimant is seekpark when it was informed ing a declaration that the althat the land has been conlocation of the recreation verted to a commercial area.” park known as Park No 1193, Oshiogwe further said that Cadastral Zone A01, Garki, the claimant wrote to the DiAbuja, is in breach of Regularector, Park and Recreation tion 8 of the FCT Land Use Department who denied in a Regulation, 2004, CAP L5, letter that the park “was at no Laws of the Federation of time re- designed for another Nigeria, FCT Change of Land use or converted to a comUse and Residential Density mercial plot.’’
Regulations, 2007, and is He added, “While the therefore, ultra vires. claimant awaited the out
The firm in suit no come of its complaint to the CV/ 1094/ 2021 is also praying second defendant ( FCT minfor an order directing the ister), officials of the Departminister to revoke the right ment of Development of occupancy granted to the Control came to the park on first defendant ( Danu InvestMarch 30, 2021 to take measme n t Ltd.) dated June 25, urement of the land and 2009 in respect of the park. upon inquiry by the
An Administrative official to claimant, it was discovered the claimant, Abdul Oshthat the measurement was iogwe, in an affidavit in supbeing taken to destroy the port of the originating structures on the land to summons, said Jedidiah Inpave way for the first defenternational was granted a dant.’’ lease approval for the park in But the first defendant in its 2009 by the FCT minister and counter- affidavit said it was the FCDA, after fulfilling all not aware of the lease agreethe conditions of lease ap - ment between the claimant proval. and the minister, and the
A copy of the lease approval, FCDA on the disputed land, receipt for N3.9 million prostating that the park was cessing fee paid by the given to her as compensation claimant as ground rent was for her filling station that was attached and marked exhibit demolished to pave way for ‘ A.’ the Kubwa Expressway ex -
The deponent further said pansion.
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