Connect with us

Feature/OPED

Who Pays Tenement Rates?

Published

on

Who Pays Tenement Rates?

By Barrister Paschal Nwosu

A tenement is any type of property, such as an estate or land, that is owned by one person and leased to another. Although a tenement has many units attached together under one roof, they are divided by walls to give each family or occupant his or her own space and privacy.

Tenement rates are property taxes paid by landlords and or Occupiers of a Building payable to local government Councils as part of their internally generated revenue.

Recently I conducted a study on the subject of tenement rates which has become a vexed issue because of the inherent abuses by arbitrary rate increases, failure of most landlords to pay their rates as at when due with the consequent transferred burden on tenants.

The objective of the study conducted through my organization, Centre for Development Initiatives and Advocacy was to determine the impact of tenement rates on small businesses and infrastructural developments in south eastern states with the collation centre at my law Office at 11 Ihioma road Amaifeke, Orlu.

It was found as a fact that there is no generalized systemic formula or active determinants employed in fixing the rates charged. The rates were quite exploitative and undermining the development of housing, including the development of local economy and small businesses. It was also found that there is a general evasiveness of taxes by landlords and the unfairly transferred burden on tenants as occupiers.

There are also associated fiscal leakages and corrupt practices by revenue officers in collusion with the so called revenue consultants whose roles have been increasingly challenged.

The uses of revenue agents and consultants remain the major cause of the arbitrary tenement rates increments for selfish reasons. It is also a sad development that governments can delegate their functions to organizations without mandate or legislative assent and creating the permissive leakages that has undermined infrastructural development.

Introduction to the controversy

Tenement rates are land use charges imposed on buildings developed by landlords to enable the generation of revenues necessary for the development of infrastructures and social amenities such as pipe borne water, street lights, parks, markets, roads, maintenance of drainages and sustainable sanitation services. In any system where the tenement rates and other associated charges such as the renewable registration of business remises are properly articulated by policy, legislation and honest endeavours, there are always clear infrastructural development, industrial and commercial stimulation which drives the local economy, creates jobs and promotes a spirited poverty alleviation and grass root development.

Who should pay tenement rates?

This is seemly a straight forward question which has been answered before. The landlord is the person that is expected to pay the tenement rate to the local government council or the occupier. The term the occupier may also refer to the landlord where he is also the occupant of the building and has not let or leased same out or sadly, the tenant in occupation.

However as it is usually the case, the landlord often lets out the premises to a tenant or group of tenants and thereafter takes no responsibility for the payment of the property taxes, especially in such cases that he does not reside in the premises.

Naturally, when the landlord is inaccessible or lives outside the jurisdiction of the local government, he cannot be reached and served with the appropriate demand notices and or summons. However, the use of the word occupier enables the revenue officials to hold the tenant responsible for the assessed rates in respect of the property.

The tenants on their part are not very willing to pay the arbitrary fees charged as tenement rates since the amounts are very high, annually increased, exploitative, often unreceipted, or fraudulently receipted, and or based on the evaluations of non existent market values and principles that are static, systemic and provocative for the rural dwellers who have no such intentions to sell their houses.

Who should not pay tenement rates

Tenants, pensioners as occupiers and owners of family houses should not pay tenement rates. But under the Land Use Charge law No 11 of 2001 of Lagos state all land based charges are payable on real properties located in Lagos with each local government council empowered to collect the charges within its jurisdiction as the collecting authority, a function which can be delegated to the state in writing to enable the State make assessments of land use charges and collect same on behalf of the local government councils. Can the local government delegate its constitutional functions to the State? I disagree that this was the intendment of the constitution and may likely lead to a denial of the local governments, their necessary IGR by the state. There is however an important exemption of those not subject to the tenement rates in Lagos which includes pensioners in occupation, and family houses. However tenants are expected to pay tenement rates subject to indemnity from their landlords as occupiers.

Opposition to tenement rates

Opposition to tenement rates are growing and championed by tenants and businesses angry at the excessive taxation, double taxation and corrupt practices of the revenue officials. Elsewhere in Abuja, NEXT LEVEL RESORT dragged the Abuja Municipal Council to court over tenement rates together with the FCDA as 2nd defendants. The plaintiff formulated three issues for determination to it, whether; AMAC is authorized by law to collect tenement rates? The plaintiff also asked the court to determine whether it does not amount to double taxation on NEXT LEVEL RESORT to pay ground rent to FCDA, pay taxes to FIRS, and in addition, pay tenement rates to Abuja municipal council? It also wanted the court to determine whether tenement rates can be paid to AMAC without the inspection to be carried out on the property?

Delivering judgment, DanlamiSenchi J held that by virtue of sections 7, and 303, and 318, and section 1 of the 4th schedule to the constitution, section 55(a):(5)of the local government Act of 1976 and the Abuja Area Council Act of 2001, AMAC is empowered to collect rates for the economic and physical development of the Council and for the provision of basic amenities in the council.

In Port Harcourt, the PHC council has concluded public hearing on a law to check, regulate and control the payment of tenement rates which provides that all owners of houses within Port Harcourt shall pay tenement rates annually as assessed by the Port Harcourt City Government authorized valuer.

However, speaking at the public hearing, the NBA representative OSIMA GINA urged the councilors not to make laws that will infringe on the fundamental rights of the people. In the South- East, protests has only been taken up in organized form by medical practitioners whilst the people groan and revenue collectors grow fat on public grief. The uses of revenue consultants must be discouraged in the backdrop of enabling reforms and fiscal structures of county administrations.

Conclusion

The South Eastern governments need to review the regulations of tenement rates and ensure that vacant houses, pensioner occupied houses and family houses and rural dwellers are exempted from tenement rates There should be a drastic reduction of tenement rates in Areas outside of the capital cities to improve housing development in these areas and arrest rural urban drift. The arbitrariness in the fixing of tenement rates can be checked by regular and physical inspection of the premises to be rated by appropriate valuations.

At the same time, we cannot but affirm the illegality the action of the Lagos state government under the Land Use Charge law No 11 of 2001 of Lagos state, in seeking and accepting the delegation of the function of the Local governments, to collect tenement rates enshrined in the 1999 constitution which empowers the local governments to evaluate and collect tenement rates in the local government Areas as specified in the Schedule of the said constitution.

This is therefore, a violation and ràpe of our constitution

The Lagos state government in usurping and performing this important function undermines the autonomy and development of the Local government Areas in the State, notwithstanding its good intentions, if any.

Corruption: The World Bank lists of Nigerian looters and the Code of Conduct Tribunal.

The Nigerian public was shocked by the revelations by the World Bank, the apex international Credit and development bank which shows the massive looting of the Nigerian economy in the past decades evidenced by foreign accounts owned by the political class, public officers, and the military with outstanding performances by the erstwhile past heads of states, and the powers behind the emerging political challenges in the country.

I was devastated by the list not only because of the stupendous amount of loot lying in foreign banks and oiling the British economy and other EU nations that has paid lip service to the fight against corruption in Nigeria but also the sheer brazen thievery and primitive acquisition of wealth with its attendant stultification of our economy. It is estimated that over four hundred billion dollars made up of oil revenues, diverted international loans and internally generated revenues has been stolen and or misappropriated, most of which has found its way offshore and lying in foreign Banks.

Today Nigeria ranks as one of the poorest nations in the world, threatened by starvation, instability, unemployment, AIDS, poor health facilities, armed conflicts, energy crisis, health crisis, bombastic insecurity, and a devastating civil war with Islamist terrorists with a deluded leadership that seeks to develop the strongest economy in Africa in the backdrop of the chasm of odouriferous miasma of stifling corruption, failed infrastructures and debilitating energy crisis.

By Barrister Paschal Nwosu hellonnwosu@yahoo.com

Culled from The Nigerian Lawyer

 

Modupe Gbadeyanka is a fast-rising journalist with Business Post Nigeria. Her passion for journalism is amazing. She is willing to learn more with a view to becoming one of the best pen-pushers in Nigeria. Her role models are the duo of CNN's Richard Quest and Christiane Amanpour.

1 Comment

1 Comment

  1. Pingback: The Duties of a Landlord Vs Duties of the Tenant | Youth Financial Education

Leave a Reply

Feature/OPED

CEPEJ and the Reality of Niger Delta Underdevelopment Crisis

Published

on

flood in bayelsa niger delta

By Jerome-Mario Utomi

Talking about the Niger Delta region of Nigeria, it is true that today there exists in the Petroleum Industry Act (PIA) which made some far-reaching provisions for the host community’s development such as its demand that any oil prospecting licence or mining lease or an operating company on behalf of joint venture partners (the settlor) is required to contribute 3% of its actual operating expenditure in the immediately preceding calendar year to the host communities development trust fund. This is in addition to the existing contribution of 3% to the Niger Delta Development Commission (NDDC).

It is also true that recently, Professor Yemi Osinbajo, the Vice President of Nigeria, at a function in Lagos noted that the present administration was determined to see through to the completion of all the critical projects in the region.

Once more, we are equally witnesses to the fact that the Minister of Environment, Dr Mohammad Abubakar, after a meeting in Port Harcourt, said his ministry was in talks with key stakeholders in the Niger Delta region on devising a blueprint for alternative ways to preserve, conserve and restore mangrove in the region.

Abubakar, who said the destruction of mangroves was catastrophic to the economy of the nation, noted that the resolution of the meeting in Port Harcourt was to focus on starting with short term goals of seeking alternative means of making people stay away from mangrove destruction.

However, if a serious statistical study is carried out about the area, it may be ‘amazing’ how the Niger Delta region has, and despite all these moves remained a backward and degraded, coastal region occasioned by crude oil exploration, exploitation and production with no better chance of development as the government is not ready to learn from its past mistakes which bother on the adoption of a non-participatory approach to development that strips the people of the region their sense of ownership over their own issues.

And as a consequence, cast a long dark shadow on efforts to improve the wellbeing and economic development of the region’s individuals, peoples, and communities while resulting in a state where the region’s communal right to a clean environment and access to clean water supplies was brazenly violated. And fierce war raged in the region between ethnic and social forces over the ownership and control of oil resources in the Niger Delta.

Bringing this ugly account to the fore is a recently well-timed statement/alarm raised by the Centre for Peace and Environmental Justice (CEPEJ), Comrade Mulade Sheriff, calling on the Federal Government of Nigeria not to hands-off Niger Delta region until it completes the environmental remediation and socio-economic rejuvenation of the zone devastated by long periods of oil spill neglect, crude oil exploration/exploitation, deprivation and marginalization.

The group spoke recently in Warri, Delta State against the backdrop of speculations, claims and counterclaims in some quarters regarding the advent of the PIA that the federal government will abandon its responsibility to remediate the environment.

It was argued that the PIA and allocation of 3% to host communities do not mean the federal government should shy aware of its primary responsibility of providing basic amenities for and care for her citizens, especially when the government is the main beneficiary of oil production proceeds from the region and the cause of degradation of the Niger Delta environment.

The environmental rights group, while speaking with newsmen in Warri, asserted that it is the responsibility of the Nigeria government and oil companies to remediate the degraded environment, pay adequate compensation to affected host communities and rejuvenate the lost socio-economic wellbeing of Niger Deltans for the impoverished state caused by crude oil exploration activities engineered by the federal government.

CEPEJ drew the attention of the federal government and other relevant agencies to the fact that the region has long been degraded and the environment devastated before the emergence of PIA, hence, it cannot and should not hide under the Act to further marginalize the region, rather, it should be directly involved in the remediation and socio-economic rejuvenation of the region.

Remediation and rejuvenation of the socio-economic life of the people in the Niger Delta region of the country is a responsibility that is extremely important which successive administrations have failed to address and spent far too long a time not only to attend to but also to accomplish.

In explaining the importance of the PIA to host communities, CEPEJ said “the Law or Act cannot take retrospective effect on the people it’s meant to benefit and Nigerians should not lose sight of the beneficial reality of the Act.

“Before the federal government can hands off the Niger Delta, it must complete its environmental remediation as well as socioeconomic rejuvenation of the environment which is what the federal government owns the people living in the region.

“It will be unethical for the federal government to hands off at a time when the world is in agreement in terms of citizen and communal right of the people, and that it is the communal rights of the Niger Delta people to have a clean environment and access to clean water supplies which are being violated by Nigeria government and oil-producing companies operating in the region.”

It also asserts that, by the admission of oil companies to the region, ‘the oil industries have abandoned thousands of polluted sites in the region which need to be identified and studied in detail, He, therefore, called on environmental experts to go the extra mile to identify these spots, study them and make cases for the affected communities.

While complaining about the negative effect of oil operations in the Niger Delta, CEPEJ said due to degradation of the environment, aquatic organism and water supply sources are being adversely affected including the health and wellbeing of the people which has resulted in high mortality.

He also said that the present environmental state caused by oil companies and their operational activities need to be recovered while affected communities are adequately compensated for their losses.

Referencing what is obtainable in other oil-producing nations around the world, the rights group said, “We expect the federal government to apply what is obtainable in countries such as the Netherlands where the Dutch government requires all operators to restore their areas of operation back to how nature intended, which means all infrastructures used for operations during active production will be removed at the end of production and proper maintenance of the environment need to be carried out.”

“He said this method of operation is referred to “abandonment liability” which the operating company need to carry out at the end of active operation, and that is what he expects the Nigeria government to emulate.

On the management of the 3% to host communities, the group submitted that the 13 per cent oil derivation fund and the PIA fund are meant to address the environmental, ecological and infrastructural development issues of oil communities and “we expect that should be done to better the lives of people living in oil and gas host communities.”

He further insisted that the 3 per cent PIA fund should be managed by the Host Community Trust Fund as stipulated by the PIA.

It concluded that leaving the funds under the hands of Ministers or State Governors to control or even nominate candidates to manage the fund for host communities might lead to its being mismanaged the same way the 13% derivation fund allocated to oil and gas producing states for the development of oil and gas host communities was misappropriated.

To avoid a repeat of such stories, the host communities should nominate credible individuals to manage the Host Community Trust Fund as stipulated in the PIA for speedy infrastructural development and environmentally friendly condition of the oil-rich region of Nigeria.

Indeed, CEPEJ, in my view, may not be wrong.

Jerome-Mario Utomi is the Programme Coordinator (Media and Public Policy), Social and Economic Justice Advocacy (SEJA), Lagos. He could be reached via jeromeutomi@yahoo.com/08032725374

Continue Reading

Feature/OPED

#EndSARS: No Real Consequence for Leadership Failures in Nigeria

Published

on

Chinwendu Ohakpougwu Consequence for Leadership Failures

By Chinwendu Ohakpougwu

I was in Zanzibar, on a work leave when the protest that held Nigeria standstill happened. It was the #EndSARS, a protest which was largely and primarily against police brutality, but which spiralled to all other things holding the Nigerian nation down.

It was the 20th of October 2020 precisely – and our flight had left for Nigeria from Zanzibar. We had a stop-over in Addis Ababa. Just as we landed in Ethiopia, we received news that flights were grounded from entering Nigeria.

This was the second time I could clearly see a reflection of what I had watched in the movie ‘Sometimes in April’. We had no transit visas and were stranded in a foreign land – with our own country evidently in ruins. It was a painful feeling. It was clear things had gone out of hand.

The airport hotel we were put in felt like some prison. Apparently, they too had received the news of what was happening in Nigeria – and they made sure to treat us in a way that was demeaning. We were not let out of the hotel. They wouldn’t let us have the keys to our rooms. We slept that night, praying and hoping that the next day we would receive good news from Nigeria. Some of us had started to make plans about taking a flight to neighbouring Ghana, after all, we had the ECOWAS passport.

Miraculously, the next morning, they allowed a few more flights into the country and we took the opportunity. Ethiopian Airlines landed in Lagos in the late afternoon on the 21st of October amidst great tension. There were soldiers everywhere. We were told not to leave the airport, but most people tried to get accommodation in the hotels around the international airport.

They had to walk long distances to these hotels in Ajao. No cab wanted to leave the airport premises – and those who eventually did charged outrageous prices.

As we walked out of the airport premises to find hotels nearby, the young men littered around, blocking the road, yelled at us and cursed us, that we were the mistresses to some of these politicians and are kept away from the chaotic scenes happening back in Nigeria. They searched our bags and took some items. Soldiers were patrolling like it was Lebanon, the air was too tense and volatile. Eventually, I made it back home, safely.

Fast-forward – it’s 20th October 2021, and I am witnessing the memorial of the #EndSARS. The feeling is still the same – hurt everywhere, and yet more oppression and injustice can still be seen and felt. It is as though we never picked up any lesson one year after.

As a Comms person, I try to look at these things with an industry eye and wondered why the Lagos state governor was not present at the #EndSARS memorial. I had an exchange with a friend heavily involved in political PR and he said something that struck me “Two weeks after the 2020 massacre, APC won the election in that same senatorial zone by like 10k votes. Do you know what 10k votes are? You can mobilize 10k people.

So, when I sit with politicians and tell them to care about young people, they can only scoff because there is no consequence to ignoring them. Each time events like this happen, all politicians need to do is ignore their social media accounts for a while, send some other young people to disrupt the activities and the world is fine again.”

This, right here is my vexation with Nnamdi Kanu and IPOB – all that power and influence and yet all they do in the SE is a Sit At Home? What happened to real influence over who wins elections in the SE? What about teaming with the people to pick only the crop of leaders who are fit for the future we want to achieve? Nigerian youths have the numbers – and in all games, numbers are great leverage. Get out and get involved in politics. The change we desire will not happen on social media. Let us start to strategically get more smart young people into the National Assembly. That is where true and long-lasting change happens.

Chinwendu Ohakpougwu is the Head of Corporate Communications at DLM Capital Group

Continue Reading

Feature/OPED

Nigeria: Between Persuasive Leaders and Coquettish Behaviour

Published

on

Persuasive Leaders

By Jerome-Mario Utomi

For most of our political history, concept and reality, particularly banking on the underlying understanding of a Coquette by Robert Green, the author of The 48 Laws of Power, it will not be out of place to describe an average Nigerian as a Coquette.

The reason stems from the belief that they are experts at arousing desire through a provocative appearance or an alluring attitude.

Their strength lies in their ability to trap people emotionally and to keep their victims in their clutches long after that titillation of desire. This is the skill that puts them in the ranks of the most effective seducers. Instead of persuasion, some resort to lies, many to propaganda while the rest take to intimidation of their followers.

Regrettable, while this attribute has not only flourished but thrived with unhindered access in Nigeria, it is true that today in many parts of Europe, America and Asia; it is in sharp contrast with the demand of modern leadership. Let’s look at particulars that support this claim.

First, writing on the theme the Necessary Art of Persuasion, Jay A Conger, a Henry R. Kravis Research Chair in Leadership Studies at Claremont Mckenna College, noted that gone are the command-and-control days of executives managing by decree.

Persuasion is widely perceived as a skill reserved for selling products and closing deals. It is also commonly seen as just another form of manipulation-devious and to be avoided.

Certainly, persuasion can be used in selling and deal-clinching situations, and it can be misused to manipulate people. But exercised constructively and to its full potential, persuasion supersedes sales and is quite the opposite of deception.

Effective persuasion he argues become a negotiating and learning process through which a persuader leads colleagues to a problem’s shared solution. Persuasion does indeed involve moving people to a position they don’t currently hold, but not by begging or cajoling. Instead, it involves careful preparation, the proper framing of arguments, the presentation of vivid supporting evidence, and the effort to find the correct emotional match with your audience.

Also, Deborah Tannen, a Professor of Linguistics at Georgetown University, in a similar research report titled The Power of Talk, Who Gets Heard and Why, underlined something that could be described as a missing link in Nigeria’s leadership corridor when she among other things thus observed that In organizations, formal authority comes from the position one holds. But the actual authority has to be negotiated day-to-day. The effectiveness of individual managers/leaders depends in part on their skill in negotiating authority and on whether others reinforce or undercut their efforts. The way linguistic style reflects status plays a subtle role in placing individuals within a hierarchy.

Often, so many leaders assume persuasion is a one-shot effort. Persuasion is a process, not an event. Rarely, if ever, is it possible to arrive at a shared solution on the first try. More often than not, persuasion involves listening to people, developing a new position that reflects input from the group, more testing, incorporating compromises, and then trying again. If this sounds like a slow and difficult process, that’s because it is. But the results are worth the effort.

Now, this is the lesson that every leader in Nigeria must draw from this conversation.

For a leader to be a successful persuader, Deborah Tannen and Jay A Conger were unanimous in agreement that such a leader must ask this question; do those I am hoping to persuade see me as helpful, trustworthy, and supportive?

The duo also said something striking.

Let’s listen again; some leaders think the secret of persuasion lies in presenting great arguments. In persuading people to change their minds, great arguments matter. No doubt about it. But arguments, per se, are only one part of the equation.

Other factors matter just as much, such as the persuader’s credibility and his or her ability to create a proper, mutually beneficial frame for a position, connect on the right emotional level with an audience, and communicate through vivid language that makes arguments come alive.

In my view, it will not be considered as an overstatement to conclude that was Nigeria’s public office holder’s quest to achieve persuasive purpose considered as strategic, that explains as well as propels the never-ending manner with which offices such as the Minister of Information (for the federal government), the Commissioners for Information (states), chief press secretaries, senior special assistant (media), senior special assistant media (technical), special assistant (media), special assistant (information gathering), special assistant (print media) and special assistant (electronic media), among others are created.

Under this arrangement, a government spokesperson communicates to people the work done (i.e. political and institutional) by the government. The task of assisting and supporting the members of the government and the government itself is assigned to the spokesperson.

However, the question may be asked: has the discussed topic any relevance in Nigeria public leadership arena? How well have these appointed/elected public officials performed/harnessed persuasive leadership strategies in their day to day administrations? What is the future of persuasive leadership in Nigeria? What will the state of public leadership in Nigeria be like in hundred years to come; success or failure?

While providing answers to the questions are as important as the piece itself, one thing that bothers me, in addition, is that instead of developing the art and act of persuasive leadership, most of the present public office holders in Nigeria are capped with the spirit/attributes of Paul Joseph Goebbels, a German Nazi politician and Reich Minister of Propaganda of Nazi Germany from 1933 to 1945. He was one of Adolf Hitler’s closest and most devoted associates and was known for his skills in public speaking and his deeply virulent antisemitism, which was evident in his publicly voiced views.

This newfound attribute by Nigerian public office holders has made the innocent/well-intentioned position of persuasion in leadership become a platform for fierce political and ideological warfare in ways that negates rationality as human beings.

A great amount of innocent human character has been spilt, wars of words waged, countless souls/ambition persecuted and martyred.

Spokespersons have in recent times failed to communicate noble ideas and ideals. This consequence of their failures is responsible for why anarchy presently prevails in the country and accounts for why Nigerians daily diminish and are impoverished.

Take as an illustration, instead of telling their principals what the real issues are or encouraging them to keep promises that gave them victory at the polls, curtail the challenges confronting the people, and promote consensus politics, some government spokespersons encourage divisiveness, uphold autocratic tendencies, and endorse/promote media trial of political opponents.

In most cases, they become propagandists using radio, television and the internet as outlets to relentlessly false feed Nigerians.

Each time some of these spokespersons are faced with embarrassing facts about their principals, they fall back on data that is hardly objective, generating inferences that can never be described as explicit.

While finding solutions to the unwelcoming behaviours of government’s spokespersons will have far-reaching effects on both the public officials and the entire Nigerians, as it is laced with the capacity to engineer socioeconomic prosperity and propel the masses to work together for the greater good of the nation, it has become overwhelmingly urgent for government spokespersons, image makers and media assistants to understand that every decision they make requires a value judgment as different decisions bring different results

Jerome-Mario Utomi, the Programme Coordinator (Media and Public Policy), Social and Economic Justice Advocacy, SEJA, wrote from Lagos. He could be reached via; jeromeutomi@yahoo.com or 08032725374.

Continue Reading

Like Our Facebook Page

Latest News on Business Post

Trending

%d bloggers like this: