Court voids creation of Abuja outdoor advertising agency

An Abuja High Court has voided the creation of the Department of Outdoor Advertisement and Signage by the Federal Capital Territory administration

The court presided over by Justice Muawiyah Baba Idris declared the agency as illegal and unknown to law.

Justice Idris made the pronouncement while delivering judgement in a suit filed by Metro Auto Workshop Nigeria Limited, Alhaji Muhammed Sani Yussuf (for and on behalf of all residents and business owners within the Abuja Municipal Area Council of the FCT) against the Abuja Municipal Area Council, Abuja Environmental Protection Board and others.

He said the establishment of DOAS did not have basis in the Nigerian Constitution.

The creation was said to have been created contrary to the dictates of Section 1 (3) and Paragraph 1 (K) of the fourth schedule of the 1999 Constitution (as amended).

He said, by the provisions of Section 7 and the fourth Schedule 11c (i) of the CFRN 1999 as amended, “It is the function of the local council to control and regulate outdoor advertising and boarding.

“The third defendant (Hon. Minister of FCT) which by virtue of Section 299 of the Constitution is considered to be a state, has no business regulating outdoor advertisement therefore any department created by the third defendant to regulate outdoor advertisement is a multiplicity of agencies and a multiple taxation.”

The judgement stated that the bill for an act to make provision for assessment, laying and collection of tax on real property within the FCT and other matters connected therewith had been pending before the National Assembly (fourth defendant).

It stated, “It is for the claimants to propose the passage of the bill if they feel there is undue delay on the part of the fourth defendant or to apply for an order of mandamus to compel the fourth defendant to do its duties.”