Barr Bello Idris Galadi a private practitioner based in Gusau has this to say regarding the recent development involving Zamfara Urban and Regional Planning Board ZUREPB
First, by Section 4(1) of the Edit, only the Chairman, Secretary and some members of the Board are recognized. The office of the Special Adviser is not a creation of the law and is therefore unknown to the law.
Second, by Section 4(2) of the Edict, the Hon. Special Adviser is not qualified to head the Board because he is not a Registered Town Planner, or Land Surveyor, or Quantity Surveyor, or an Architect, or a Civil Engineer, or a Lawyer, with at least five (5) years standing as a registered professional. The highest educational qualification of the Hon. Special Adviser is a School Leaving Certificate (SSCE).
Third, Section 5 of the Edict clearly states the functions of the ZUREP. It includes development control on state lands; provisions, management and control of infrastructural facilities, such as central markets, motor parks, road network (road within the urban area), street lights and other urban amenities.
In my opinion, painting, minor restructuring, drawings, writings, figures, adjustments, designs, pasting of banners or logos or erection of flags cannot be said to be ‘development’ contemplated by the Edict.
No doubt, the Board is empowered under Section 69(1) & (2) of the Edict to regulate advertisement billboards fixed to the land. However, Section 69 of the Edict or any other law did not give ZUREP the power to remove any billboard erected without a permit.
Ordinarily, government needs to generate revenue on billboards for the general development of the state.
There should therefore be a government policy which should later translate into law on billboards in Zamfara State. The law should provide in clear terms, the procedure for obtaining permit and the chargeable fees. No citizen should be denied the right to erect a billboard in any part of the state subject to payment of requisite fees. Any such denial is contrary to Sections 38(1); 39(1) & (2); 40 as well as Section 42(1) (a) & (b) of the Constitution of the Federal Republic of Nigeria (1999 as amended). There should not be discrimination on the basis of party difference. It is contrary to Section 42(1) (a) & (b) of the Constitution. Government should not use the agency to oppress or intimidate the opposition.
The more the government denies the opposition the right to erect billboards, the more cases of illegal erection of billboards in the state, which, unarguably, will deny the state some reasonable quantum of revenue.
