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Civil rights lawyer , Mr . Emeka Nwadioke has advised the Lagos state House of Assembly to “ urgently repeal ” the controversial land use charge law 2018 .
In a statement at the weekend, Nwadioke described the LUC law as “ unconstitutional, ” noting that the law is in breach of the 1999 constitution.
“ The land use charge law 2018 as presently enacted is in clear breach of article 1 ( j) of the fourth schedule to the 1999 constitution , ” said nwadioke who is also a member of the Nigerian Bar Association (NBA ) criminal justice reform committee.
“ The schedule, pursuant to section 7 ( 5 ) of the constitution , unequivocally vests the assessment of privately owned houses or tenements for the purpose of levying rates on the Local government , ” he said .
“ While we have taken notice of the remark by the speaker of the Lagos State House of assembly that ‘ the ( LUC ) law was all about increasing the revenue generation of the state , ” Nwadioke said “ it is unthinkable and highly worrisome that a duly constituted group of lawmakers sworn on the constitution would contemplate such brazen undermining of the same constitution merely in a quest to shore up internally generated revenue . ”
According to him , all lovers of democracy and rule of law must rise in defence of the Nigerian constitution from this latest onslaught .
The cavalier manner in which the lawmakers have treated the Nigerian constitution , he said , is unacceptable .
“ No amount of legislative gymnastics can alter the right exclusively vested by the constitution in the Local government to levy tenement rates .
“ It is heart - warming that the Nigerian Supreme Court had in Knight Frank Rutley Nigeria v Attorney General of Kano state ( 1998 ) 4 sc 251 upheld this unambiguous provision of the constitution . The same is true of the Rivers State High Court in Grinaker Ita limited v board of internal revenue ( suit phc / 2842 /2010 ) .
In a statement at the weekend, Nwadioke described the LUC law as “ unconstitutional, ” noting that the law is in breach of the 1999 constitution.
“ The land use charge law 2018 as presently enacted is in clear breach of article 1 ( j) of the fourth schedule to the 1999 constitution , ” said nwadioke who is also a member of the Nigerian Bar Association (NBA ) criminal justice reform committee.
“ The schedule, pursuant to section 7 ( 5 ) of the constitution , unequivocally vests the assessment of privately owned houses or tenements for the purpose of levying rates on the Local government , ” he said .
“ While we have taken notice of the remark by the speaker of the Lagos State House of assembly that ‘ the ( LUC ) law was all about increasing the revenue generation of the state , ” Nwadioke said “ it is unthinkable and highly worrisome that a duly constituted group of lawmakers sworn on the constitution would contemplate such brazen undermining of the same constitution merely in a quest to shore up internally generated revenue . ”
According to him , all lovers of democracy and rule of law must rise in defence of the Nigerian constitution from this latest onslaught .
The cavalier manner in which the lawmakers have treated the Nigerian constitution , he said , is unacceptable .
“ No amount of legislative gymnastics can alter the right exclusively vested by the constitution in the Local government to levy tenement rates .
“ It is heart - warming that the Nigerian Supreme Court had in Knight Frank Rutley Nigeria v Attorney General of Kano state ( 1998 ) 4 sc 251 upheld this unambiguous provision of the constitution . The same is true of the Rivers State High Court in Grinaker Ita limited v board of internal revenue ( suit phc / 2842 /2010 ) .
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