By Ben Adoga – Abuja
The Federal Capital Territory Administration (FCTA) yesterday confirmed that Berger Park is a residential area in the Abuja master plan and not a recreational or commercial area.
Residents and landlords of the area recently took the FCT Minister, the FCT Administration, the Federal Capital Development Authority, FCDA, and two others to court over allegations of wrongful development in the Park area.
They accused the parties of altering the Abuja Master Plan by erecting residential structures on an area earmarked for parks and recreational centre, thereby exposing the area to flooding and erosion.
With the court case, officials of the FCT chose to remain anonymous, however, further findings revealed that the park, situated by the famous Berger Junction in Wuse Zone 6, Abuja, has been a subject of contention since the military administration of the late Gen Sani Abacha, when Gen Jeremiah Useni (retd) was FCT Minister.
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The area was, during the military era, allocated to the Nigeria Army Officers’ Wives Association, NAOWA before it was later revoked and changed to a recreational park, and then by 2019, reallocated to the Nigeria Police Force Property and Construction Company Ltd by Muhammad Musa Bello as FCT Minister for the construction of residential apartments.
Following the suit, the Abuja High Court on 29th, September 2023, issued a restraining order to the defendants, including Brains and Hammers Ltd, from altering, reconstructing, or rebuilding the area for any other use, except as designated by the Abuja Master Plan, pending determination of the suit.
When the matter came up in court, the trial judge, Justice Njideka Nwosu-Iheme, gave an interim order after an oral application to that effect by James Onyilo, counsel representing Hon. Haruna Saidu, Dr Itonye Efebo, Sunday Uche, Moses Osiboh and Shehu Abba -first to fifth plaintiffs in the suit dated June 20, 2023.
Onyilo told the court, “The subject matter in this case, which is the building being erected by the Nigerian Police Force Property and Construction Company and Brains and Hammers Ltd (4th and 5th Defendants) is causing flood and erosion in the area because of the raining season.”
He, therefore, told the court that the area was a public recreation park on which the defendants were erecting buildings, praying the court to order the parties involved to maintain status quo ante bellum pending the hearing and determination of the suit.
Justice Nwosu-Iheme, therefore, adjourned the matter to October 30, 2023 for hearing.
However, FCTA sources said on condition of anonymity expressed confidence that the case would be thrown out of court for lack of merit, insisting that the area remains designated, as shown on Abuja Phase 1 as a high-density residential development area.
One of the sources who argued, pointing at the Abuja Phase 1 map on the wall of his office, noted that the fact that the area had served in the past as a neighbourhood park does not change the original land use for the area which is a high-density residential purpose.
“As far as I am concerned and the Abuja Master Plan is concerned, there is no case here. The court will surely look at the records and evidence and throw it out for lack of merits.
“I think maybe the then Minister (Muhammad Bello), in his wisdom, must have done it in the spirit of restoration of the Abuja master plan, let the place be developed as planned in line with the provision of the master plan.
“There is no distortion there. It must have been developed as a park, but the land remains as planned (residential use).”
Responding to claims that the ongoing construction could result in flooding and erosion, the source submitted: “I do not want to talk about anything as regards the nature of the soil or the topography. I request you as a journalist to go and see whether there is any swamp there.
“Yes there may be a storm channel or a drainage channel that conveys water, but with proper engineering, what is wrong in doing what is right to get the plot developed? The good thing is that, because the plan was done perfectly well, you could see opposite this side, that there is a green area which still stands as a park,” he said, pointing at the map.
