Since 2014 when former President Goodluck Jonathan inaugurated the N6.5 billion Wuye Market complex in Wuye District, Abuja, the facility has remained underutilised due to a legal battle between its developer and allottees. The case has shifted to the Supreme Court, reports Eric Ikhilae.
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It sits on 7.3 hectares of land and consists of about 2,000 shops, some in duplex, comprising courtyards, warehouses, cold rooms, a clinic,
banking facilities, police and fire stations, refuse dumps, mosques and a chapel.
Its inauguration in February 2014 by ex-President Goodluck Jonathan was a huge ceremony attended by his wife, Patience and Ministers, including those of Trade and Investment, Olusegun Aganga and FCT, Bala Monammed.
Jonathan described the project as a major breakthrough for commerce and trade in the FCT and urged traders in the market to make the most of its beautiful facilities.
But, shortly after its inauguration, trouble broke out, with two sets of allottees jostling to occupy the market.
The first set, numbering over 700 and led by Abah Dennis, claimed to have been the first group of people to be allocated shops and space in the market by the FCT authorities in 2002 shortly after their old market, the Bakassi Market was destroyed by fire.
The second set comprised those, who got allocations from the market’s private developer – All Purpose Shelters Limited (APSL). The firm, while laying claim to a Certificate of Occupancy (C of O) issued it in 2004 on the land on which the marked now sits, said it developed the market under a public-private partnership (PPP) and Build, Operate and Transfer (BOT) agreement with an agency of the FCT, the Abuja Investments Company Ltd (AICL).
In a bid to assert their claim, Dennis’ group went before the Apo High Court, FCT in a suit seeking among others, to be allowed unhindered access to the shops and space allocated to them by virtue of the 2002 provisional allocation letters.
Although the defendants – Minister of the FCT, Federal Capital Development Authority (FCDA), AICL) and APSL – objected, Justice O. A. Musa, in his April 29, 2015 judgment, upheld the plaintiffs’ right to valid allocation of shops and space in the market.
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The judge however rejected the traders’ prayer for a declaration that they were no longer required to make any further payment including the required fees and ground rents before taking possession of the shops and space allocated to them.
Justice Musa also refused the plaintiff’s prayer for a declaration that the 1st and 2nd defendants (FCT Minister and FCDA) shall be liable for and bear the cost of the construction of the shops allocated to them (the plaintiffs).
The judge said, “the plaintiffs (the over 700 traders) did not lead evidence to sustain these claims. It is trite law that the court cannot speculate on the evidence not place before it.
“More so, a declaration on these claims will amount to a court declaring that the plaintiff should not pay even grounded rent and other statutory fees which the plaintiffs are bound to pay under the law. I am not ready to do that here. Therefore, these two claims referred above of the plaintiffs cannot be granted for the reason stated herein. On that note, they are hereby refused accordingly.”
Shortly after the judgment the Minister of the FCT and the FCDA filed an appeal at the Abuja Division of the Court of Appeal, marked: CA/A/605/2016. APSL equally filed a separate appeal, marked: CA/A/605A/2016.
In a judgment last December 16, the appellate court dismissed the appeal by APSL on the grounds that it was similar to that filed earlier by the FCT Minister and FCDA, which was still pending and that there were no orders made against it in the High Court’s judgment against which it (APSL) could appeal.
On the issue of whether or not the over 700 traders were excused from making any further payment as they sought, the Appeal Court upheld the position of the High Court on the issue. It further held that the FCT Minister and the FCDA, with which the traders had a valid contract, were with the powers to determine that amount to be paid by the traders.
Justice Tani Yusuf Hassan, who read the lead judgment of a three-man panel of the appellate court, said: “It is therefore highly unreasonable for the first set of respondents (707 traders) to assume that the N2, 000.00k N5, 000.00k and N8, 000.00 which they paid as administrative charges are all that is required from them for the allocation when it is clear from the allocation letters, the sums paid were for administrative charges.
“It is ridiculous for the first of respondents to believe that they cannot be subjected to any further payment apart from the administrative charges they paid for shops. The second and third respondents who are grantors of these shops have the right of demand for payment of appropriate fee allowed by law for the allocated shops.
“The second and third respondents possessed the right to vary the payment depending on the circumstances. As such it is wrong for them to say that they are not subjected to any further payment apart from the payment made on the allocation letters.
The valid and subsisting contract between them, which they have accepted means that they are subject to the conditions therein.”
Dissatisfied with the appellate court’s decision, the APSL consequently sought and obtained leave to appeal to the Supreme Court. It has since gone before the Supreme Court to challenge the decision.
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