Nigerian Legislation

1.    (1)            There is hereby established a capital territory in and for the Federal Republic of Nigeria to be designated as the Federal Capital Territory, Abuja (hereinafter referred to as the "Federal Capital Territory".

(2)             The Federal Capital Territory shall consist of the area described in the First Schedule to this Act.

(3)             The area contained in the Capital Territory shall, as from the commencement of this Act, cease to be a portion of the States concerned and shall thenceforth be governed and administered by or under the control of the Government of the Federation to the exclusion of any other person or authority whatsoever and the ownership of the lands comprised in the Federal Capital Territory shall likewise vest absolutely in the Government of the Federation.

2.     (1)             The boundaries of the Federal Capital Territory shall be accurately surveyed and demarcated as soon as may be after the commencement of this Act by or on behalf of the Federal Capital Development Authority and such boundaries shall correspond as closely as possible in detail to the boundaries of the area described in the First Schedule to this Act.

(2)             The President shall by order published in the Federal Gazette, define the boundaries of the Capital Territory by reference to the limits, distances and bearings demarcated by the Authority which shall have carried out or caused to be carried out the survey referred to in subsection (1) of this section, and forthwith thereafter, references in this Act to the area described in the First Schedule shall be construed as references to the area defined in the order.

3.    (1)             There shall be established an authority to be known as the Federal Capital Development Authority which shall consist of a Chairman and eight other members to be appointed by the President.

(2)             The Authority shall be a body corporate with perpetual succession and a common seal.

4.     (1)             Subject to and in accordance with this Act, the Authority shall be charged with the responsibility for-

(a)             the choice of site for the location of the Capital city within the Capital Territory;

(b)             the preparation of a master-plan for the Capital city and of land use with respect to town and country planning within the rest of the Capital Territory;

(c)             the provision of municipal services within the Federal Capital Territory;

(d)             the establishment of infrastructural services in accordance with the master-plan referred to above; and

(e)             the co-ordination of the activities of all ministries, departments and agencies of the Government of the Federation within the Federal Capital Territory.

(2)             Subject to the other provisions of this Act, the Authority shall have power to do anything which in its opinion is calculated to facilitate the carrying on of its activities including, without prejudice to the generality of the foregoing, power-

(a)             to sue and be sued in its corporate name;

(b)             to hold and manage movable and immovable property;

(c)            to construct and maintain such roads, railways, sidings tramways, bridges, reservoirs, water courses, buildings, plant and machinery and such other works as may be necessary for, or conducive to, the discharge of its functions under this Act;

(d)             to purchase or otherwise acquire or take over any asset, business, property, privilege, contract, right, obligation and liability of any person or body (whether corporate or unincorporate) in furtherance of its activities;

(e)             to enter into contracts or partnerships with any person or body (whether corporate or unincorporated which in the opinion of the Authority will facilitate the discharge of its functions under this Act;

(f)             to train managerial and technical staff for the purpose of the discharge of functions conferred on it by or in pursuance of this Act;

(g)             to undertake such research as may be necessary for the performance of its functions under this Act;

(h)             to exercise such other powers as are necessary or expedient for giving full effect to the provisions of this Act.

(3)            Except with the general or special approval of the President and as otherwise prescribed by this Act the Authority shall not have power to borrow money or to dispose of any property.

5.    (1)             There shall be appointed by the President an Executive Secretary to the Authority who shall be the chief executive officer of the Authority and shall be responsible for the day to day running of the affairs of the Authority.

(2)             The Executive Secretary shall hold office on such terms as to emoluments and otherwise as may be specified in his instrument of appointment.

(3)             The Authority may appoint such other persons to be officers and servants of the Authority as it may deem fit.

(4)             The remuneration and tenure of office of the officers (other than the Executive Secretary) and servants of the Authority shall be determined by the Authority after consultation with the Minister for Establishments.

6.     (1)             Notwithstanding anything to the contrary in the Constitution of the Federal Republic of Nigeria or of any other enactment or of any rule of law, compensation payable in respect of any land comprised in the Federal Capital Territory shall be assessed and computed in accordance with the provisions of this Act.

(2)             In computing compensation payable under this Act, account shall be taken of any building or crops on the land acquired for the purpose of this Act, so however that any compensation payable shall be, as respects-

(a)            land affected by this Act, for an amount equal to the total rent paid by the lessee over the period between the date of the execution of the lease and the date of its determination by the Authority together with interest at the bank rate between the last-mentioned date and the date of payment of compensation;

(b)            building on such land, for the amount of the actual cost of construction of the building (less any depreciation) together with interest at the bank rate over the period between the date of the acquisition of such building and the date of payment of compensation;

(c)            crops on such land, for an amount equal to the fair market value of such crops,

(3)             Any person who claims any right or interest in any land comprised in the Federal Capital Territory shall submit in writing, particulars of his claims to the Executive Secretary on or before the expiration of a period of twelve months from the date of commencement of the order made under section 2 of this Act or such longer period as the President may, either generally or in relation to any particular claim or claims, prescribe by notice published in the Federal Gazette.

(4)             No claim for compensation shall be entertained by the Authority unless a written notice of the claim in accordance with subsection (3) of this section is served on the Authority within the period specified in the said sub- section.

7.     (1)             As from the commencement of this Act, no person or body shall within the Federal Capital Territory, carry out any development within the meaning of this Act unless the written approval of the Authority has been obtained by such person or body:

(2)             The Authority shall have power to require every person who, otherwise than in pursuance of an approval granted or order made under subsection (1) of this section, proceeds with or does any work within the Federal Capital Territory to remove any work performed and reinstate the land or, where applicable, the building, in the condition in which it was before the commencement of such work, and in the event of any failure on the part of any such person to comply with any such requirement, the Authority shall cause the necessary work to be carried out, and may recover the expenses thereof from such person as a debt.

(3)             In this section-

8.    (1)             For the purpose of the efficient discharge of the responsibilities of the Authority under this Act, the Executive Secretary or any other officer or servant of the Authority authorised in that behalf-

(a)             shall have a right of access at all times to any land or building within the Federal Capital Territory for the purpose of ascertaining that the provisions of this Act are not being contravened;

(b)             may issue a notice calling upon any person whom he has reason to believe is able to give any information respecting the ownership, possession or the boundaries of land within the Federal Capital Territory or any part thereof, or in whose possession or power any document relating to any such matter is alleged to be, to attend before him and give such information or produce such document on a date and at a place mentioned in the notice;

(c)             may, by notice in writing served on any person carrying on an industrial, commercial, educational or any other undertaking whatsoever, require that person to furnish in such form as he may direct information on such matters as may be specified by him.

(2)             Any person required to furnish information pursuant to subsection (1) of this section, shall within one month from the date of the notice comply with the notice.

9.     (1)             If any person required to furnish information pursuant to section 8 of this Act fails to furnish the information as required under this Act, he shall be guilty of an offence.

(2)             If a person in purported compliance with a requirement to furnish information as aforesaid knowingly or recklessly makes any statement in the return which is false in a material particular, he shall be guilty of an offence.

(3)             Any person who wilfully obstructs, interferes with, assaults or resists any officer or servant of the Authority in the execution of his duty under this Act or who aids, incites, induces or abets any other person so to do, shall be guilty of an offence.

(4)             Any person found guilty of an offence under this Act shall be liable on conviction to a fine of N500 or to imprisonment for six months or to both such fine and imprisonment.

11.    (1)           The Authority shall keep proper accounts and proper records in relation thereto and shall prepare in respect of each financial year a statement of accounts in such form as it may direct.

 (2)           The Authority shall as soon as may be after the end of the financial year to which the accounts relate cause its accounts to be audited by auditors approved by the Minister of Finance and Economic Development.

 (3)           The auditors shall on completion of the audit of the accounts of the Authority for each financial year prepare and submit to the Authority the following two reports, that is to say-

(a)             a general report setting out the observations and recommendations of the auditors on the financial affairs of the Authority generally for that year and on any important matters which the auditors may consider necessary to bring to the notice of the Authority; and

(b)             a detailed report containing the observations and recommendations of the auditors in detail on all aspects of the operations of the Authority for that year.

13.     (1)          In addition to any law having effect, or made applicable throughout the Federation, the laws set out in the Second Schedule to this Act shall as from 9th May, 1984 apply in the Federal Capital Territory.

  (2)          Where any of the laws set out in the Schedule had effect in the former Federal Territory of Lagos and any such law, whether by reason of the creation of States in Nigeria or otherwise howsoever, had become obsolete such law shall by virtue of this Act be revived and shall apply in the Federal Capital Territory as provided in subsection (1) above.

  (3)          The laws set out in the Second Schedule to this Act and applying in the Federal Capital Territory by virtue of subsection (1) of this section shall have effect with such modifications as may be necessary to bring them into conformity with the Constitution of the Federal Republic of Nigeria as affected by the Constitution (Suspension and Modification) Act and, in particular-

(a)             references in any such laws to Region, State or Federal Territory of Lagos shall, unless the context otherwise requires be construed as references to the Federal Capital Territory;

(b)             functions conferred by any such law on the Governor, Premier, Military Governor or Administrator, Minister or any Commissioner in the Government of a State shall, without prejudice to the exercise of those functions by the President and until other provision in respect of any such function is made by the authority having power to do so, vest in the Minister charged with responsibility for the Federal Capital Territory.

  (4)          The President may by order published in the Federal Gazette make such changes in the text of the laws set out in the Second Schedule to this Act as would bring those laws into conformity with the provisions of this Act.

(a)             on any matter involving a question of Islamic Law, may appeal therefrom to the Sharia Court of Appeal;

(b)             in a criminal matter, may appeal therefrom to the High Court;

(c)             in a civil matter, other than a matter involving a question of Islamic Law,

(a)             any function or power conferred on the Chairman of the Federal Capital Development Authority under this Act;

(b)             any executive power of the Federal Government vested in the President pursuant to section 263(a) or any other section of the Constitution of the Federal Republic of Nigeria and exercisable within the Federal Capital Territory;

(c)             any function or power conferred by any law set out in the Second Schedule to this Act vested in the Governor or Military Governor of a State;

(d)             the powers vested in the President by section 1(1)(d)(i) of the Public Officers (Special Provisions) Act; and

(e)             such other functions as the President may from time to time confer on the Minister.

(a)             the exercise within the Federal Capital Territory of any executive or other functions of the Federation, by the President, the Judicial Service Commission or any other Federal Government authority;

(b)             any power expressly excepted under any other law, instrument or otherwise howsoever.

Section 2

Section 13

Chapter 128