The residents of Lingu Crescent in Wuse II District will never forget their erstwhile experience of nocturnal disturbances occasioned by the operation of an unauthorised nightclub within their neighbourhood. From late evening and throughout the night, residents of the neighbourhood hardly sleep due to excessive musical sounds.
Other undesirables were unauthorised and disorganised vehicular parking, which blocked residents from accessing their houses. One can imagine the level of frustration swallowed by the residents who would come back home late and not be allowed access to their houses because unknown persons parked and blocked their entrances to cool off at a nearby nightclub.
Other adverse externalities associated with the environment were frequent nightly squabbles and associated upheavals by overdrunk nightclubbers and the illicit display of women of easy virtue aimed at wooing motorists. Such that the areas around the junction between Lingu and Aminu Kano Crescents became headquarters of sorts for night-street prostitution. Such areas could also be prone to serving as resting and planning grounds for night marauders around the city.
Compatibility of land use is a cardinal principle in Abuja and everywhere in modern town planning. Areas of residential, commercial, industrial, recreational, employment, and all other land uses are separated from each other and are clearly reflected in the title deeds of all allocations. In special cases of mixed land uses, the requirements are also clearly specified.
The unauthorised nightclub was built in an area designated as a neighbourhood park, contrary to the purpose of the allocation, land use regulation, and development requirements. According to the 2019 FCT Park Policy, a neighbourhood park should be used for walkways, various active sports, children’s play grounds, a view centre, as well as unstructured areas with lawns and trees aimed at serving the neighbourhood. As for the development requirements, the paved area should not be more than 15 percent.
The Abuja land use plan made provision for nightclubs to be operated in hotels for the purpose of containing the adverse externalities associated with their operations. Thus, anybody who wants to operate a nightclub must acquire a hotel plot. This is because the hotel has internal facilities to contain adverse externalities, such as security, planned car parks, and not on-street parking that obstruct the free movement of traffic at night, which is susceptible to aiding and abetting crime. Most importantly, it is not located in residential areas where loud musical noise would threaten the comfort, peace, and serenity of residents.
While the residents of the neighbourhood were vehemently complaining of being discomforted by an illegal activity, the proprietors of the nightclub business regarded it as untenable. Simply because their own residences would never be located within the neighbourhood. They would retire to their various residences elsewhere and have a sound rest, which they denied their fellow citizens. Unfortunately, the impunity was reinforced by the obsolete provision that deals with such violations in the 1997 Abuja Environmental Protection Law, because on conviction, when found guilty, the offence attracts a paltry N5,000. This law was never reviewed for almost 30 years.
The impunity was further emboldened by the calibre of government functionaries the proprietors see patronising their activities. Thus, all the enforcement notices served fall on deaf ears. It resulted in the unceremonious emigration of many residents from the neighbourhood. If the laws governing society are not consistent with contemporary challenges, the authority is akin to being a toothless bulldog. On the other hand, the illegal operators maliciously propagate all the enforcement notices issued by the authority as unnecessary harassment.
All people in society have fundamental rights. The general principle in public perception is that one’s rights end when others’ rights in society are infringed. It will never be fair for some members of society to claim rights at the expense of the rights of others. The public has the responsibility to ensure that the rights of all citizens are protected.
The authority couldn’t find adequate and suitable provision to address the notorious situation at Lingu Crescent through the environmental law, hence the resort to the application of the Urban and Regional Planning Law that empowers the Control Department to remove buildings that violate development requirements. This is enshrined in Sections 61 to 63 of the law.
Despite all the manoeuvres, the offensive development was finally removed to allow peace to reign in the neighbourhood. In order to have a very peaceful society, all citizens must be equal in the eye of the law.
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