A private legal practitioner based in Zamfara Barr. Bello Idris Galadi has given his legal opinion regarding the crises rocking Zamfara Urban and Regional Planning Board (ZUREPB)
One thing worthy of note is the fact that ZUREP has no right under the law to demolish any property for contravening the law. The power to demolish is vested with the Planning Tribunal or High Court of the State. See Section 50 of the Edict.
The Demolition Notice under Section 59(1) of the Edict does not give ZUREP the power to demolish and it is limited to defective structures or structures that constitute nuisance to the public. If the developer fails to demolish after service of Notice, then ZUREP can initiate demolition process against the developer before the Planning Tribunal or High Court in line with Sections 60 and 61 of the Edict.
ZUREP does not issue Certificates or Rights of occupancy to the public. It issues Development Permits. Where a developer commits a minor adjustment on his land contrary to his development permit, the law enjoined ZUREP to advice the developer to amend. See Section 52(b) of the Edict.
The argument of the Hon. Special Adviser in the interview that he has the power to remove any billboard erected without permit is, in my opinion, unfounded. His actions and reactions are dangerous and constitute threat to our peace. Security agencies should therefore wade in to avert possible chaos and break down of law and order in the state. The apprehension was unnecessary and uncalled for
