By Citizenship Daily
Residents of the Ushafa Village Expansion Scheme have written to the Chairman of the Bwari Area Council in protest of an arbitrary environmental levy imposed on them by the Area Council.
The residents acting under the aegis of the registered Association of Ushafa Village Expansion Scheme Community Residents have dispatched the protest letter, dated December 9, 2024, to the Bwari Area Council Charman.
The letter, titled “Objection to the Certificate of Fitness Habitation for Habitation Served on Residential Buildings at Ushafa New Expansion Scheme,” was signed on behalf of the community by Agbor Friday, Chairman and Ayuba Francis, Secretary of the Association of Ushafa Village Expansion Scheme Community Residents (AUVESCR).
The protesting community is demanding immediate withdrawal of the levy which they describe as illegal, discriminatory, selective and morally unjustified.
The letter reads in part: “I write in my capacity as the Chairman and on behalf of concerned residents of the Association of Ushafa Village Expansion Scheme Community Residents (A.U.V.E.S.C.R), Ushafa, Bwari, within the jurisdiction of Bwari Area Council, to formally object to the recent issuance of Certificates of Fitness for Habitation served on residential properties.
“Upon careful review of the applicable laws governing building regulations within the Federal Capital Territory (FCT), it is evident that the requirement for a Certificate of Fitness for Habitation applies exclusively to commercial buildings and not to residential properties. This distinction is enshrined in the National Building Code (2006) and related laws. These laws clearly limit the application of such certificates to public and commercial-use buildings where safety standards have a direct impact on public welfare.
“Residential properties, being private dwellings, fall outside the ambit of these provisions. By extending this requirement to residential buildings, the Council has acted beyond its legal authority (“ultra vires”), imposing an undue burden on private homeowners contrary to the intent of the law.”
The protest letter also cited areas of concern to include the lack of Government Presence in Ushafa.
“The residents of Ushafa New Expansion Scheme provide their own basic infrastructure, including electricity, roads, water, and security, without any tangible support from the Federal Government, FCT Administration, or Bwari Area Council.
“Presently, the community has not had a pipe-borne water supply for the past three months despite being a significant supplier of water to the entire FCT. How can residential buildings be deemed habitable without access to clean and reliable water—a fundamental requirement for any Certificate of Fitness for Habitation,” the letter asked rhethorically.
They also faulted the levy on grounds of morality and timing.
“It is neither morally justifiable nor appropriately timed to introduce any form of levy when the economic conditions in the country have left most residents struggling to afford basic necessities like food. Demanding payment for these certificates under such circumstances only exacerbates the hardships faced by the people,” they said.
According to the letter, the levy is both selective and discriminatory in its enforcement.
“The issuance of these certificates has been inconsistent and discriminatory. Some houses were served while others were completely ignored, and varying amounts were levied arbitrarily without any clear criteria. Upon engaging with your staff, consultant, or representative, we discovered they were unprofessional and ill-trained, often determining levies based solely on the appearance of properties.
“Such practices are neither professional nor ethical and undermine the credibility of the process.”
Consequently, the letter demands withdrawal of the Certificates of Fitness for Habitation issued to residential properties within Ushafa, and provide a clear and lawful justification for this levy and the scope of its application.
The aggrieved residents want the Bwari Area Council Chairman to address the concerns raised, including the lack of essential infrastructure, timing of the levy, and discriminatory enforcement practices.
They said failure to address these issues promptly may compel the association to seek judicial intervention to protect their rights and prevent further imposition of unlawful demands.
“We trust, however, in your willingness to resolve this matter amicably within the confines of the law and morality.
“In conclusion, Sir, and in view of all the laws governing the issuance of Certificates of Fitness for Habitation and the facts we have raised, we are speaking to you to immediately step down or withdraw the notice. We look forward to your response within seven (7) working days of receipt of this letter,” the residents said.
