A DISSERTATION
SUBMITTED TO THE DEPARTMENT
OF
PUBLIC AND PRIVATE LAW, IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE
AWARD OF THE DEGREE OF MASTER OF LAWS (LL.M) IN PUBLIC AND PRIVATE LAW
ABSTRACT
A recognition of the importance of
planning and development control in any physical planning and development has
propelled the researcher to carry out a study of planning and development
control in Nigeria with particular emphasis on Abakaliki Metropolitan City, Ebonyi
State.
The state of the physical environment particularly the urban centres
today is major source of global concern. The concern is greater in respect of
developing nations like Nigeria. This is evident from the fact that the urban
environment is greatly of man’s making. The safeguarding of the urban areas
from human injurious physical, social, economic and political activities should
be man’s paramount responsibility. To do justice to this curious topic, the researcher
investigated the factors that give rise to planning and development control,
methods of achieving planning and development control, problems that militate
against planning and development control, and the agencies or authorities
responsible for planning and development control in the Abakaliki metropolitan
city vis-Ã -vis the laws and regulations that they employ. To investigate these
problems, relevant literatures were consulted and other secondary data such as journals,
periodicals, magazines and internet materials were made use of. Official publications and internal memos of
relevant planning authorities were consulted, reviewed and incorporated into
the study where necessary. The results from the analysis revealed that some of
the existing planning and development control laws are obsolete and needed
review. Poor funding was also identified as a major hindrance to effective planning
control as well as administrative lapses on the part of relevant planning and
development control authorities and agencies. From the in-depth and analytical
appraisal, certain findings were made and based on the findings, recommendations
were proffered. Finally, we drew conclusions which were all intended to
possibly ameliorate the situation.
TABLE OF
CONTENTS
Title Page
Approval
Certification
Dedication
Acknowledgements
Table of Contents
Table of Cases
Table of Statutes
Table of Abbreviations
Abstract
CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background of
the Study
1.2 Statement of the
Problem
1.3 Objectives of
the Study
1.4 Research
Questions
1.5 Significance of
the Study
1.6 Scope of the Study
1.7 Limitations of
the Study
1.8 Research
Methodology
CHAPTER TWO
LITERATURE REVIEW
2.1 Legal Framework
2.0.1 What Town and Country
(Urban and Regional) Planning
Entails
2.0.2 Whether Urban and
Regional Planning and Regulation of Physical Development are Legislative or Administrative
Matters
2.0.3 On Nature of Urban
and Regional Planning or Development Control and Where Resides Power to Legislate Thereon
2.0.4 On Ambits of
Legislative Powers of National and State Assemblies
and Where Resides Power to Legislate on Urban
and Regional
Planning
2.0.5 On Where Resides
Power to Legislate on Physical Planning and Development Control of Land in a
State
2.0.6 On Where Resides
Power to Legislate on Physical Planning and Exercise of Development Control
Over Land Vested in Federal Government or it Agencies in the Territory of a State
2.0.7 On Supremacy of
the Constitution
2.1 Conceptual Frame
Work
2.1.1 Development
2.1.2 Planning
2.1.3 Control
CHAPTER THREE
SOURCES AND
DEVELOPMENT OF PLANNING LAW AND LAND USE CONTROL IN NIGERIA
3.1 Sources of Planning
Law and Land Use Control in Nigeria
3.1.1 Customary Law
3.1.1.1The Theory of Corporate Ownership
3.1.1.2The Doctrine of Eminent Domain
3.1.1.3Other Cultural Practices
3.1.2 Received English
Law
3.1.2.1The Common Law Rules
3.1.2.1.(i)The Tort of Nuisance
3.1.2.1.(II)The Rule of Rylands v. Fletcher
3.1.2.1.(III)Easement
3.1.2.1.(iv) Doctrine of Wastes
3.1.2.1.(v)Covenants in Leases
3.1.2.2Equity
3.1.2.2(i)Doctrine of Restrictive Covenants
3.1.2.2(ii)Building Scheme
3.1.3 Statutes as a Source of Planning Law and
Land Use Control
in
Nigeria
3.1.4 Case Laws as a Source
of Planning Law
3.2 The Development of
Planning Laws in Nigeria: A Survey
3.2.1 The Period
Before 1946
3.2.2 The Nigerian
Town and Country Planning Act 1946
3.2.3 The Nigeria
Urban & Regional Planning Law , 1992
3.2.4 The Land Use Act,
1978
CHAPTER FOUR
PLANNING CONTROL AND ENVIRONMENTAL SANITATION
4.1 Factors That
Gave Rise to Planning Control
4.1.1 Population Factor
4.1.2 Unplanned Development
4.1.4 Cultural Influence
in Planning Control
4.2 Methods of
Achieving Planning Control
4.2.1 Development Control
4.2.2 Statutory
Provision/Action
4.2.3 Demolition Exercise
4.2.4 Penalty and Contravention Notice
4.3 The Effects of
Planning Control on Environmental
Protection
4.3.1 Nigerian Case Law and Environmental Liability
4.4 Problems That Militate
Against Planning Control
4.4.1 Low Public
Participation
4.4.2 Enforcement Problems
4.4.3 Haphazardness
and Inflexibility of Physical Devices
CHAPTER
FIVE
PLANNING AND DEVELOPMENT
CONTROL IN ABAKALIKI METROPOLITAN CITY, EBONYI STATE
5.1 The Emergence of Abakaliki as a State Capital
5.2 The Role of Ebonyi State Environmental Protection
Agency
(EBSEPA)
5.3 The Role of Ministry of Lands and Survey
5.4 The Role of Abakaliki Capital Territory
Development Board
5.5 The Role of
Ebonyi State Housing Development Corporation
5.6 Abakaliki and
the New Ocho-udo City
5.6.1 Background to
the Project
5.6.2 Goals and
Objectives of the New Ocho-udo City
5.6.3 The Subject
Areas of the New Ocho-udo City Master Plan
5.6.4 Vision of the
New Ocho-udo City Master Plan
5.6.5 Land Use
Budget for Ocho-udo City
5.6.6. Capacity
Building in the New Ocho-Udo City
CHAPTER
SIX
CONCLUSIONS
6.1 Findings
6.2 Recommendations
6.3 Conclusion
Bibliography
TABLE OF CASES
Abiola
v. Ijeoma (1970 Vol.11 All NWLR 268
Adebutu
v. Lagos City Council (1966) 2 All N.L.R. 295
Adediran
and Anor v. Interland Transport Ltd (1992) 9NWLR
(pt.214)
155
Ademola
v. Rutili and Ors Suit No L.D/784?84 01-21/9/85 (unreported)
AG
Abia State v. AG Federation [2002] 2 NWLR (pt 763)
AG
Federation v. AG Abia State(2001)11NWLR (pt.725) 689
AG
Lagos State v. AG Federation and 35 ors [2003] 12 NWLR (pt833)1SC
AG
Ogun State & ors v. AG Fed (1982) 3
NCLR 166
AG
Ondo State v. AG Federation [2002] 9 NWLR (pt 772) 222
Amodu
Tijani v. Secretary of Southern Nigeria (1991) AC 399
and
Another (1974) All N.L.R. (pt 11) 385
Bailey
v. Drexel Furniture Co. 259 US 20 (1922)
Bajulaiye.
v. Akapo (1938) 14 NLR 10
Balewa
v. Doherty (1963) 2 SCNLR 155
Bassey
.v. Conbham (1924) 5. N.L.R. 90
Byrant
v. Le ferre (1879) 4 cps. 170
Chika
Ibeneme v. Governor of Anambra State High Court of
Onitsha
(Unreported)
Dalton
v. Angus (1881) 6C. 740
De
facto Bakeries and Catering Services Limited .v. Ajilori
Ellston
v..Reacher (1908) Vol. 2 Ch 374
Ikpadiola
and Ibadan Metropolitan Authority v. Abiodun [1987]
3
NWLR (pt.59) 18
Ilugun
Native Court 85/1956 unreported
Iyamba
v. Holmes (1924) 5 NLR 83
Lewis
v. Bankole (1909) 1 NLR 83
London
and South Western Railway v. Gomm (1882) 3 CH.D 562
LTC
v. Nouroundin Sule & Chief Aromire (1939) 15 NLR 105
Moore
v. Nwado & Anor (1974) Unife LR (Pt. 4) 521
Oladehim
v. Continental Textile Mills Ltd (1978) 2 SC 23
Rylands
v. Fletcher (1974) Unife LR. (Pt4) 521
Saberu
the Balogun of Alake v. Kasumu, Native Court 38/1950
Sanusi
Fabiyo v. Akinkoye, Onikalu of Owuaka “A” Native Court 70/1950
Savage
and Another .v. Akinirnade (1964) All N.L.R. 238
Shell
Petroleum Development Company of Nigeria Ltd v. Chief Otoko and others (1990) 6NWLR (pt.159) 693
Tebite
v. Nigeria Marine Trading Co Ltd (1975) UILR( pt.4) 432
Tulk
v. Moxhay (1848) 2 PH 774
TABLE OF STATUTES
Civil
Aviation Act Cap. 51 LFN 2004
Ebonyi
State Environmental Protection Agency Edict 1999
Environmental
Sanitation Edict, 1985 of Lagos State
Federal
Highway Act, Cap. 323 LFN 2004
Law
No. 005 of 2007 of Ebonyi State of Nigeria
National
Inland Waterways Authority Act (Decree No 13 of 1997)
Nigeria
Railway Corporation Act Cap. 323 LFN 2004
Nigeria
Urban & Regional Planning Act (Decree No 88)
of
1992 Cap. 135 LFN 2004
Ordinance
No 4 of 1946
The
Hygiene Act of 1873
The
1999 Constitution of Federal Republic of Nigeria (as amended)
The
Cantonment Proclamation, 1904
The
Land Use Act, 1978
The
Nigerian Town and Country Planning Act, 1946
The
Swamp Improvement Act, 1877
The
Town Improvement Act, 1863
Town
& Country Planning Laws Caps. 123 &130, 1959
Town
and Country Planning (Building Plans) Regulations 1986
Town
and Country Planning Law Of Western Nigeria, 1959
LIST OF ABBREVATIONS
AG - Attorney – General
All.
N. L.R - All Nigerian Law Report
Cap - Chapter
Ch.D - Chancery
Division
EBSEPA - Ebonyi
State Environmental Sanitation Protection
Agency
EBSN - Ebonyi
State of Nigeria
EBSU - Ebonyi
State. University
Enforcement
Agency
HOD - Head
of Department
JSC - Justice of Supreme Court
LEDB - Lagos
Executive Development Board
LFN - Laws of the Federation of Nigeria
N.W.L.R - Nigerian
Weekly Law Report
NESREA - National
Environmental Sanitation Regulatory and
NURP - Nigeria Urban and Regional Planning
OP.
CIT - Opaere Citato
PP - Pages
S. - Section
S.C. - Supreme Court
UNEC - University of Nigeria Enugu Campus
V. - Versus
VOL. - Volume
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