Restoration of the Abuja Master Plan

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Restoration of the Abuja Master Plan

• Enforcement of FCT Act and Development Control
  Regulations
• Nasir Ahmad El-Rufai, OFR
• Minister of the FCT, Jul 2003 to May 2007

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Enforcement or Evictions?

• Abuja Vision and the Distortion
• Legal Framework
• Land Matters
• Development Control
• Enforcement Process
• Illegal/Violating Structures Land Use Charges
  and Removal Process
• Typical Violations Imperative for Action
• Retrieval of Parks and Gardens
• Outcomes and Aftermath......

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The Abuja Visionaries
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The Abuja Vision

• Decision to relocate capital from Lagos taken in
  1976 by the Murtala-Obasanjo regime
• Optimal population to be 3 million people by end
  of phase IV after 25 years of development
• Abuja was envisioned as a territory and city to
  be
• Well demarcated residential, commercial and
  recreational areas
• Well planned transportation, flood control, water
  and waste management systems
• Satellite towns designed to relieve pressure on
  the Federal Capital City
• Secure, safe environment, inclusive city for all
  Nigerians, free of river blindness
• Home for All No indigene/resident dichotomy

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Situation in July 2003

• Overpopulated, disorderly and dirty Phase I City
  surrounded by unplanned squatter settlements with
  the following issues and challenges
• Land and Resettlement
• Infrastructure Development
• Infrastructure Maintenance
• Environmental Sanitation
• Social Services
• Economic Development
• Abuja was fast becoming another Lagos.

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Presidents Priority Areas

• Reduce corruption in the administration of the
  FCT
• Computerization of land registry
• Enforcement of the Abuja Master Plan
• Enforcement of development control standards
• Infrastructure development plan for the satellite
  towns and rural areas
• Improvement of sanitation level and greening
• Control and elimination of squatter settlements
• Increased private sector participation in
  developing FCT
• Improvement of funding and performance of schools
• Aggressive programme to fight HIV/AIDS pandemic

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Land Matters Legal Framework

• Constitution of the Federal Republic of Nigeria
• Land Use Act Powers of the Governor
• FCT Act s.18 Statutory delegation of powers of
  the President
• Subsidiary Legislation
• FCT Land Use Regulations 2004
• FCT Change of Land Use and Density Regulations
  2007
• FEC Memo EC(2004)138 of 19th July 2004 and FEC
  Conclusions
• Presidential Comments and Amendments to first two
  sets of Residential Land Allocations

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Land Allocation Guidelines

• Every Nigerian citizen above 21 years/company
  with Directors above 18 years is qualified for at
  least ONE plot.
• Valid and subsisting application with payment of
  charges.
• For residential land
• Equality of States 60
• Population 10
• Public Servants in FCT 10
• Ministerial Discretion 20
• Equality of States is not equality of allocation
  but dependent on application.
• Capacity to develop is the key criterion as Abuja
  needs to be developed rapidly.
• City and Satellite Town allocations are dependent
  on financial capacity evidenced by income levels.
• Non-residential allocations based on need and
  capacity.

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Enforcement Legal Framework

• Land Use Act
• Enforce conditions of grant
• Pay compensation for improvements on replacement
  cost basis
• FCT Act, Ona v. Atenda CA 2001
• Control of Development (s.7)
• Compensation method in FCT (s.6(1), (2))
• All claims for compensation NOW time-barred
• FCT Development Control Regulations
• N U R P Act
• Declared unconstitutional as regards states, but
  applicable to FCT (as a State).
• Assumes claimants have TITLE and DEVELOPMENT
  PERMIT.
• Urban and Regional Planning Tribunal set up in
  FCT.

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Principles, Policies, Rules

• Need to restore ORDER and DISCIPLINE in the
  development and administration of Abuja
• Entrenchment of PRINCIPLES of EQUAL RIGHTS and
  OPPORTUNITIES for all residents of FCT to
• Acquire title to land and develop
• Realize their fullest human potentials
• Enjoy peace and security, and
• Be assured of the protection of their persons,
  promises and property IF law-abiding, and
• Develop RULES of conduct for all, communicate
  widely and set examples of rewards and sanctions
  applicable to ALL.

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Distortion of theAbuja Master Plan

• These were clearly articulated in the report of
  the Ministerial Committee on Illegal Structures
  in the Federal Capital City (2002) These
  include
• Developments without Title
• Developments without Permit
• Encroachments on Utility Lines
• Land Use Violations in general
• Wrongful conversion of Educational Plots
• Encroachments on Roads and Transit-ways
• Temporary Allocations being permanent

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Garki II, Neighbourhood Centre Sapele Street
Residential Development
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Garki II, Neighbourhood Centre Sapele Str
Residential Development
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Future Development Area and part of the Maitama
Sports Complex
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Future Development Area/Maitama Sports Complex
now Residential Development !
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Layouts/Development outside city limits Phase I
(Asokoro Extensions, Guzape, Kuruduma)
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Layouts/Development outside city limits Phase
II Katampe Extension
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Encroachments Building on Road Corridors
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Encroachments Building on Trunk Water Line - AYA
Junction, Asokoro
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Illegal Development on Inner Northern Express Way
Road Corridor Reservation
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Demolition Process

• Structure is identified as illegal, on utility
  lines or danger to public safety.
• Interdepartmental review committee undertakes
  appraisal if not already done.
• Minister revokes title if applicable, and
  approves removal of the structure.
• Relevant notices as required by FCT Act and
  Development Control Regulations issued.
• Appeals by occupant considered, explanations
  given and forbearances given if possible.
• Structure is removed by the Development Control
  Department after valuation for compensation.
• Former allottee (if qualified C of O
  Development Permit) entitled to compensation and
  replacement plot.

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Retrieval of Parks and Gardens

• Abuja was designed on the city beautiful
  concept with 25 of the citys land area
  earmarked for Parks and Recreation
• Each Neighbourhood (about 500 dwelling units) was
  to have a Park or Childrens Playground
• Each District was to have a large District Park.
• Each Sector was to have at least one Amusement
  Park and recreational zones
• Many of these were converted to other uses and
  would be quite costly to recover.
• We attempted to recover as many as we could and
  during our tenure, ensured the development of
• At least 12 neighbourhood and district parks
• Murtala Mohammed Memorial Palmetum, Maitama
• Two amusement parks by the Private Sector
• We also secured recovered green areas and
  sub-leased them to Private Developers for 25
  years or more

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Asokoro District Park by Yakubu Gowon Crescent
Now Commercial Development
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Asokoro District Park by Yakubu Gowon Crescent
Now Commercial Development
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Amusement Park, Wuse, Partly Converted to
Commercial Residential Use
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Outcomes

• Challenging the Elite Entitlement Culture
• Develop or we revoke who ever you are!
• Orderly Accelerated Development of Abuja
• Jabi and Utako as examples
• Reduction in Land Speculation
• Lower prices of titles to land
• Easier access under the Accelerated Development
  and Mass Housing programmes
• Elimination of Land Fraud Syndicates
• Better quality and security of title
• Faster approval and delivery of consents
• Creation of Employment Opportunities
• Enhanced investment in real estate
• Moderation in rental levels (aided by sale of
  houses)

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Conclusion

• The seat of government moved from Lagos to Abuja
  for clear reasons.
• Billions of Dollars have been spent in the
  planning and development of the FCT.
• It will be a national tragedy and travesty if
  sentiments are allowed to be lenient on criminals
  and convert Abuja into Lagos.
• We did what we did because it had to be done
  and the results are apparent to all!