The struggle by the indigenes of the FCT claiming to be the original owners of Abuja for recognition, especially as regards the quest for mayoral status has again hit the brick as the Senate brushed aside the request during the recent amendment to the constitution. Daily Trust examines some of their requests visa-viz the act establishing the Federal Capital Territory.
Amidst a wave of restless struggles by Abuja indigenes for the mayoral status for the Federal Capital City and a minister appointed from them, the Senate recently voted against amending the constitution to that demand.
This huge setback on the quest of those who call themselves the original inhabitants of the FCT, prompted them to threaten the shutdown of the capital city. They called on members of the National Assembly to have a rethink and ensure the passage of the mayoral status and ministerial request which was rejected by the Senate.
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The natives, who made the call at a strategic meeting with Abuja’s original inhabitants communities organised by Abuja Original Inhabitants Youths Empowerment Organisation (AOIYEO) and supported by CHRICED in Abuja, appealed for an end to their plight to stop civil agitation.
Commandant Isaac David, President of AOIYEO while speaking said the natives had constitutional issues that need to be dealt with completely, and that they need a leader with the political will and passion to address that.
On the other hand, the federal lawmakers felt that the indigenes have gotten more than enough share from the federal government, especially, reverting to the act that established the Federal capital Territory.
Consequently, they want the status quo to remain.
How FCT was established
The Federal Capital Territory is carved out of present-day Niger State, with some portions from the present Nasarawa and Kogi states (Defunct Plateau State), and Kaduna State. However, bulk of Abuja landmass was carved out of Niger State.
The Federal Capital Territory Act, chapter 128, law of the federation of Nigeria 1990 captures the status of the Nigeria’s capital.
According to section 1 of the act,” There is hereby established a capital territory in and for the Federal Republic of Nigeria to be designated as the Federal Capital Territory, Abuja (hereinafter referred to as the ‘Federal Capital Territory.”
Also, section 2 says “The Federal Capital Territory shall consist of the area described in the First Schedule to this Act.”
Section 3 of the Act says that the area contained in the Capital Territory shall, as from the commencement of this Act, cease to be a portion of the states concerned and shall henceforth be governed and administered by or under the control of the Government of the Federation to the exclusion of any other person or authority whatsoever and the ownership of the lands comprised in the Federal Capital Territory shall likewise vest absolutely in the Government of the Federation.
Section 2 (1) said, “the boundaries of the Federal Capital Territory shall be accurately surveyed and demarcated as soon as may be after the commencement of this Act by or on behalf of the Federal Capital Development Authority and such boundaries shall correspond as closely as possible in detail to the boundaries of the area described in the First Schedule to this Act.
“(2) The President shall by order published in the Federal Gazette, define the boundaries of the Capital Territory by reference to the limits, distances and bearings demarcated by the Authority which shall have carried out or caused to be carried out the survey referred to in subsection (1) of this section, and forthwith thereafter, references in this Act to the area described in the First Schedule shall be construed as references to the area defined in the order.”
The Act vests the ownership of the land within the federal capital territory as well as governance on the federal government.
A public affairs analyst, Mathew Ijaya, said when the country’s seat of power was moved to Abuja, despite the fact that the ownership of land was vested on the federal government, the rights of the indigenous natives were respected.
“You see, most of these natives you are talking about have been compensated for their land, economic trees and even resettled. I heard some of them saying the compensations were not enough, but if I may ask, is there any way that human beings can be satisfied?” he asked.
On mayoral status, Mr. Ijaya said he is of the belief that the capital city is better off under the present arrangement considering the kind of development that the federal government is putting in place in the territory.
“Do you think a mayor will be able to do more for the FCT than what the federal government is doing now? You see, these natives are speaking on the need for them to have the political powers but take Kwara State for instance; it was created in 1967 with indigenous governors ruling since then. Is the FCT that came on board in the 1990s not far developed than Kwara? So, what are we saying?”
‘Only constitutional amendment can grant FCT indigenes demands’
Speaking on the demands of the FCT indigenes, Barr Hameed Ajibola Jimoh Esq said they can only be achieved by the amendment of the constitution, no other law can challenge the inclusion in the constitution because the constitution is the grund norm of the land.
He said the rejection of the proposals by the National Assembly is, in the eyes of the law, valid and legal.
“However, on the legitimacy of the rejection, in my humble view, those statuses might need some time or not ripe to bring the mayoral status to birth and perhaps, other parameters for its workability needs to be checked and duly established before conferring such status,” he said.
“Therefore, only the future shall tell whether such status of a mayor is deserving for the FCT.”
Also, Mike Enahoro Eba Esq said unless the constitution and the FCT Act is amended, the indigenes of the territory would not have one of their own as the minister or mayoral status.
“That the FCT minister is appointed by the president and is answerable to the president needs to be changed,” he said.
Hussein Yahaya, Hamisu Kabir Matazu & John Chuks Azu