Edo State High Court Restrains Edo GIS from Demanding and Collecting Land Use Charge

The Edo High Court No. 6, Sitting in Benin City, Presided over by the Hon Justice P.A. Akhihiero in Suit No: B/99D/2021 Chief Ferdinand O. Orbih (Carrying on legal practice as Ferdinand O Orbih SAN & Co.) v Edo State Geographic Information Service & 2 Ors, has stopped the collection of Land Use Charge in Edo State, stating that it is unconstitutional, null and void.

The case of Chief Ferdinand O. Orbih, SAN, was argued by K.O. Obamogie Esq., who submitted with a plethora of authorities that, by  virtue of Section 7 (1) (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the collection of what the Edo State Government through a law called Land Use Charge, is the exclusive duty of the 18 Local Governments of Edo State specifically donated by the Constitution, which does not allow any derogation whatsoever.

Counsel for the Claimant, K.O. Obamogie specifically made reference to Paragraph 1(j) of the Fourth Schedule of 1999 Constitution of the Federal Republic of Nigeria (as amended) which states thus :

“1- The main functions of a local government council are as follows:

(j) assessment of privately owned houses or tenements for the purpose of levying such rates as may be prescribed by the House of Assembly of a State ;”

Counsel for the Claimant, among other arguments, contended that the Land Use Charge Law 2012 was enacted by the Edo State House of Assembly in flagrant breach of Section 7 Subsection 1 & 5 and paragraph 1(j) of the Fourth Schedule to the Constitution. Counsel submitted that the Local Governments cannot give up powers donated to them by Constitution to collect Tenement Rates through an Agreement between the 18 Local Governments and Edo State Government, being an obligatory duty imposed by the Constitution; and he asked the Court to grant the reliefs sought by the Claimant.

In her submission, Counsel for the Defendant, Mrs V. U. Adeleye (Director), Edo State Ministry of Justice, submitted that, the Edo State Land Use Charge 2012 is a valid law that has consolidated property taxes, and that the Law is not at variance with the Constitution.

In a well considered judgement, the trial Judge, the Hon, Justice P.A. Akhihiero held among other ratios, that there is no written agreement presented to Court between the 18 Local Governments and the Edo State Government, delegating the powers to collect tenement rates to the State Government. 

The Court then held that, it is the ouster of express powers provided by the Constitution, for the Land Use Charge Law to give powers to the Edo State Government using the Edo GIS to collect Tenement Rates expressly donated by the Constitution. The Court then declared the Edo State Land Use Charge Law, 2012, which purports to take the powers of the Local Governments in Edo State to collect Tenement Rates, as null and void. The Court then used the Blue Pencil Rule to strike down Sections 3(2), 5, 24 & 27 of the Edo State Land Use Charge Law and declared same as null and void, while reviving the Powers of Local Governments to collect Tenement Rates, after reinstating the Tenement Rates Law of Edo State. The Court then granted substantially the reliefs sought by the Claimant, including an order of perpetual injunction restraining the Edo GIS from demanding for or collecting Land Use Charge.