Headlines

Court Invalidates AEPB’s Authority, Halts Sewage Levy Collection.

In a landmark ruling, the High Court of the Federal Capital Territory declares Abuja Environmental Protection Board’s powers unconstitutional, granting relief to NIPCO Plc from sewage and refuse disposal levies.

Published

1 month ago

March 25, 2024

Stella Charles Akupue

Court Invalidates AEPB's Authority, Halts Sewage Levy Collection.

In a landmark ruling today, the High Court of the Federal Capital Territory (FCT) in Abuja delivered a verdict declaring the powers vested in the Abuja Environmental Protection Board (AEPB) unconstitutional and nullified. This decision stems from sections 30(4) and 6(1)(a) and (b) of the Abuja Environmental Protection Board Act, 1997.

Under the ruling issued by Justice Olukayode Adeniyi, the court has effectively restrained the AEPB from imposing and collecting sewage and refuse disposal levies from NIPCO Plc and any other individuals or corporate entities within the Abuja Municipal Area Council, FCT, going forward.

Furthermore, the court has invalidated the demand notices totalling N19,400,553.36 that the AEPB imposed on NIPCO Plc as sewage and refuse disposal levies or fines from 2015 to 2021. Justice Adeniyi deemed these demands ultra vires the AEPB’s powers, rendering them unconstitutional, null, and void.

The verdict was delivered in response to suit No: CV/3493/2022 filed by NIPCO Plc, represented by its legal team led by Chief Paul Obi and Ify Ikeatuegwu. The lawsuit targeted the Environmental Board of the FCT and its officers, agents, and employees.

This ruling marks a significant legal victory for NIPCO Plc and sets a precedent regarding the limits of regulatory authority within the FCT. The decision underscores the importance of adherence to constitutional principles and the rule of law in governance and regulatory actions.

With the issuance of a perpetual injunction, the court has effectively halted the AEPB’s ability to levy sewage and refuse disposal charges on NIPCO Plc and others within the designated area. The ruling is a testament to the judiciary’s role in upholding the rights and freedoms of individuals and businesses against arbitrary authority exercises.

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