A Federal High Court in Ikoyi, Lagos, has delivered a landmark judgement that Nigerians who live in a residential estate cannot be compelled to be a member of the Community Development Association (CDA) popularly known as residents’ association of estate.
This decision of the Court has put an end to any future arbitrariness of resident associations in Nigeria.
By this decision, payment of dues is now voluntary and forcing residents to be members has now been declared unconstitutional.
Residents in Lagos State will no longer be subjected and compelled to pay outrageous membership dues and other levies.
The judgement was delivered on Friday, 25th of September, 2020, by Honorable Justice Oweibo, sitting at the Federal High Court, Ikoyi, Lagos.
This suit (FHC/L/CS/982/2020) was filed by Megawatts Nigeria Ltd (Applicant) through its counsel Mr. Kayode Adeniji of Lawracles LP, against the Registered Trustees of Gbagada Phase II Residents’ Association and others as respondents.
Facts deposed to on court processes show that Gbagada Phase II Residents Association had been sending notices: requesting the payment of estate dues from 2017 to 2020 for sums ranging from 300 hundred thousand to 200 thousand naira annually, to Megawatts Nigeria Limited.
The position of the Residents Association is that since Megawatts Nig. Ltd is a company resident within the estate, it is bound to pay demanded dues and levies.
The position of megawatts on the other hand is that since it provides for its own security, waste management and other services the estate claims to be providing, it is not bound to pay dues. This is in addition to the fact that Megawatts is not a member of the association.
Megawatts further claimed that the estate security prevented its trucks from accessing the estate in order to compel and coerce the applicant to pay requested fees.
‘The primary issue before the court was whether a person; resident in an estate can be compelled and coerced into membership of a resident association?
The court ruled in favour of Megawatts Nig. Ltd and awarded cost against Gbagada Phase II Residents Association. The court further declared that no one can be forced to be a member of a residential association, be it a company operating within the space of the residential estate or a person who is a resident in that estate.
The court considered section 40 of the 1999 CFRN as Amended which states that:
“Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests… “.
Nice! Well done sir!
Well its a conteibutiin to knowledge be his reffered Justice. Kudos sir.
It is an elementary law; that belonging to any association is voluntary.
This is very wrong rulling. Many of these associations do provide and take care
of infrastructures in the estate. So it is right for residents to enjoy these facilities but they should not contribute to their
Provision or maintenance. This is very wrong.
You cannot know mote more than the Law, Section 40 of Our Constitution made it voluntary to belong to any Associations, Clubs, Political Parties, Labour Union or Society.
What the DCA should had done is to distribute a form of acceptance to be a member of the CDA.
Have you forgotten so quickly that the same Constitution that guarantee freedom of movement ruled against LASG wgdn a SAN BRF was the Executive Governor of the State that Lagos State cannot restrict the movement of Nigerians on Sanitation Day.
Any if Lagos State wants to observe Sanitation at the last Saturday of every month, they must mske the request thorough NASS to amend the Constitution.
BRF knew that such request will dis on arrival at NASS.
Very timely judgment. Thanks for sharing.
I believe that the court ruled only on membership and the associated fees but not on the service charges. This should be clear.
It is a nice judgment but it must not included residential occupant because all the residents come together to maintain their community by so doing if judgment should apply then our private estate will be nothing to recond with
This ugly situation by the so called association of amorphous in their constitution prevent many of us from having a house in estates. Good judgement of the year
Oh Wow!
Good Job Mr Kayode Adeniji of Lawracles.
How do you secure and clean your environment without some form of communal payment amongst the residents? Isn’t this mis-interpretation of the applied section of the constitution? Does it make any sense when you make association dues voluntary? What will result from this ruling is a total decay of the community and a super dirty Lagos which is already filthy.
I share this view of yours. If you go through Estates what confronts you is decay in account of residents’ apathy. This is a good excuse for those who never willed to do.
The Court very well knows people’s attitude to area upliftment, yet didn’t factor that in. Although this depended on what the Association put before the Court. For me, it’s a NO for the verdict.
While I understand your concerns, the rullung is right. Some of the services rendered by Estate Associations fall under public goods for which prevention of freeloading can be difficult if not impossible. These services are best provided by the state. The Associations should thus leverage is might in securing better services from the state and its agencies. However, on moral grounds, any responsible resident should pay for whatever services enjoyed, more so, if others have collaborated to provide such.
In this instance, the court ruling is very ok cos the company in question provides the said services for them self. In a case where a resident is not providing any and is not complying with the existing service for the good of all, will only put the estate in an inhabitable state. Hence abuse of the court ruling . Generally human beings uncontrolled can abuse freedom.
God help us.
Let us remember that megawatts say they provide their own security and other services. So anyone can do that as well and be free from perpetual servitude of these estates
Yes, it is legally and constitutionally right for an individual or organisations to either belong or not to belong to an association bcos there is no compulsion to belong or not to belong but I have some questions waiting for an answer.
(1) Who maintains the road within the estate.
(2) The maintenance of the transformer(s) within the estate hich is supposed to be the sole responsibility of energy providers,
who maintains them?
(3) The electric poles and cables in the estate, who repairs them when they are damaged?
Nigeria of today is quite different from Nigeria of yesteryear. If U can’t beat them, U better join them, my opinion ooo
Each home owner maintains the contiguous space space to him including the road and drainage in front of his house
Awesome, this is a very good judgement
This is very good.
It will definitely put an end to the forced membership of residents in a community.
Kudos to Mr Kayode Adeniji (Lawrcles).
You may not even spend up to what they collect if u are to provide those services by yourself
This is a landmark judgement. Exploitation of people in different ways and Nigerians are so docile. God after given us wisdom cannot come down to enforce our rights. Wake up and fight for your right Nigerians.
To logically appraise this: Imagine that there are no associations called government s of countries, AU in Africa UN at the global level! There will be unimaginable indiscipline, insecurity and anarchy….this ruling will encourage indiscipline and destabilize hitherto organized estates.
A very good development if you ask me. Some of these estate residents’ associations have be come something else, forcing people to cough out money which they eventually embezzle.
The judgement should have also considered payments that assist in infrastructural development and maintenance to keep sanity of those estates and communal facilities. If no maintenance fees are collected, how do you mantain the infrastructure.
What the court failed to adhere its mind to is the issue of common interests like general security of the entire estate as no one can have unrestricted access to the estate without contacting the resident by the security outfits.
Some estates installed security lights from the common purse and equally sometimes maintained the roads and cleaning of same regularly by engaging cleaners
Conclusively the benefits of having a common interest far outweigh the disadvantages.
I believe it can be appealed upon at the appellate courts
Superb! End of that aspect of impunity that pervade Nigeria. Many more to go.
In my opinion, this judgment is to ogeneral. It is not good for the progress and development of the housing estates.
We know that in this country we provide everything for ourselves.
Be it road maintenance, electricity, security, water , keeping the environment clean etc.
No individual can do it alone, therefore the people of the estates need to come together to solve these problems themselves.
Experience has shown that people, particularly the tenants, ordinarily are unwilling to cooperate for purposes of making the estates habitable, yet they are the ones that will litter the environment with refuse.
This type of blanket is an ill that will blow no one any good in the estates. I would have expected the judge to add a proviso such as, “where a resident provide a, b,c for him/herself, he/she should be exempted from a similar obligations from the central body.
Very educative to know
Great!
This will make such Estate vulnerable to all kinds of intruders thereby making such Estates unsafe.
This judgement could be misunderstood. What of someone who enjoys all the apparatus of the Estate and refuses to pay any money to the Estate?
In as much a s the Court has ruled, this is a sad day for residents associations. This will led to irresponsibility on behalf of residents, who will benefit from being part of a community and not contribute it. It is a sad day for communities.
Its a victory for Armed Robbers. Security will breakdown and those hailing this judgment will be the first to call on a State that doesn’t provide for its people to come rescue them
I hope this judgement really applies to every estates in lagos particularly vgc and the rest along the lekki axis.
What about privately owned gated estates which already have such stipulations such as mandatory Service Charge set out on the estate’s binding Handbook or Constitution? Please clarify. Thanks
Like someone said, the judgement was as a result of what the Association presented before the court. Though, we all know about freedom of associating, but, in this case, acommunal projects/facilities must be paid for at reasonable monthly dues since those facilities were built by the community and not government. Imagine the lack of these facilities, what would happen to the environment etc?
I believe the judge did consider or refused to understand the role of Residents Associations in providing collective security, conducive environmental facilities and promotion of healthy and friendly neighbourhood’s activities.
Governments, either at local or State level do not maintain basic facilities within public or private estates resulting in delapidation and reduction of quality of life.
My advice is for the Association concerned to appeal to Court of Appeal. The Rights of majority of residents cannot be trampled upon by an individual within an estate that has been lawfully established.
Please correct the first line:-
—did not consider—-
Please correct the first line:-
—did not consider—-
This judgment will not apply in a case in which the property is part of a building scheme or private estate where the title holders had signed a deed of covenants prior to acquiring property in the estate; one of the covenants being to pay estate dues.
Well good for those wicked , conspiratorial and autocratic CDA leaders who result to light disconnection because of CDA attendance and dues.
In a situation where a tenant does not provide for his own security and the estate provides for a collective security for the estate, what happens
We suffer from all kinds of impunity here in Nigeria because we are too timid, busy and afraid to challenge the status quo,we are afraid to get out emass to the streets to challenge the oppression of our political leaders, police and military ,s impunity just like other people do abroad and that explains why we are in such a pi tiabl state, our money are embezzled in billions and we keep mute, we are beating black and blue by the police whom we pay their salary , cloth, house and pay allowances and we keep quiet ! imagine orji uzo kalu an ex convict even though it’s been up turned by our corrupt court in connivance with d corrupt Buyari regime , came out from pris on to campaign for Igbo presidency and no one is talking ..it’s indeed a sorry state we are in, it’s either we are hypnotized here or we are all hulcinating ..sorry Nigerians!
Will this judgement be binding on estates outside Lagos state? I am curious since it is coming from a Federal High Court.
This landmark judgement, though in line with the provisions of the constitution, ought to take into account the peculiar circumstances of the Nigerian society where almost all amenities that are supposed to be provided by the local government are provided by either the individual or the residents association, the judgement will breed chaos and impunity in a society where people are not used to paying bills
No one is an Island. Charges vary from me Estate to another. If residents refuses to pay thing like security dues, environmental etc, then when armed robbers come, dont call anyone. Together we stand, divied we fall.
These robbers are also listening and preparing.
This is a groundbreaking verdict and will check the excess of many CDA especially in Lagos.
Kudos to the team👍🏽
How does the estate get funded to provide for services common to all.
Secondly there is no sense of communal responsibility or belongingness. The judgement is lopsided to me.
Excellent Decision/Judgement.
The Estate i live in gbagada are also fond of levies without accountability.
THE RESIDENTS OBLIGATIONS AND THE LAW: THE JUDGEMENT SHOULD BE CONTESTED TO THE SUPREME COURT:
As grey areas of contention when Residents challenges CDA Officials in the course of picketing or on receipt of Demand Notice for the fulfillment their Financial Obligations.
LAWS OF THE FEDERAL REPUBLIC OF NIGERIA:
For the Law, kindly refer to the Nigeria Constitution (1999)as amended; Chapter 11, Section 24 on Responsibilities of Citizens which avers as follows:
*”Respect for the ideals of the Constitution/Institution” (CDA is an Institution created by Law).
,*”Promote the spirit of common brotherhood and good neighborliness”.
**”MAKE POSITIVE AND USEFUL CONTRIBUTION TO THE ADVANCEMENT, PROGRESS AND WELL BEING OF COMMUNITY OF RESIDENCE”.
LAWS OF LAGOS STATE:
The LASG Law governing CDAs in Article 11 on Enforcement of Payment of Dues emboldened CDAs with it’s provisions in Section C.(ii.) on SANCTIONS which states that:
**”DEFAULTERS SHALL NOT BE ALLOWED TO BENEFIT FROM THE FACILITIES PROVIDED IN THE COMMUNITY.”
CONCLUSION:
Knowledge is power.
Ignorance of the Law is no excuse to breach it; now you know there’s a Constitutional provision that is substantive to challenge the High Court ruling in a superior Court of Law.
Those who still query the rationale or rights of the CDA to compel anyone to full compliance and fulfillment of all Mandatory Financial Obligations, should now be appropriately guided as I am strongly persuaded we have not heard the last on the judgement as that’s not a Supreme Court verdict.
The CDA is working towards the common good of all, developing infrastructures, securing the community we will all enjoy and an environment we will be proud of. We all need to contribute financially and otherwise to ensure these goals are achieved. Let us remain united in pursuit of our common objectives.
God Almighty by His grace will help us all to make our Environment better than we met it as God commanded that we occupy,subdue and be fruitful not be a cancer in our community.
This is good, kudos to the Law of the Land.
Haaaaa. Eyi ga oo. Without a communal effort to pay estate levies. How do people residing in a estate expect communal facilities to be managed… Road maintenance, green maintenance, access control, power and water generation (if applicable
This is landmark judgement which is based on freedom of association
The other leg is whether the community association can deny service to any resident who refuse to contribute to the provision of such services, e.g. security, waste management, road maitenance, etc.
It is a well articulated judgement. It is clear and without ambiguity. However, it is important to note that the dues is used to pay the security engaged to ensure safety of lives and property within the estate. Part of the due is deployed to provide and maintain good road network within the estate. I implore resident to see it from this angle and do the needful. It is important to note that am not in support of coercing people to pay.
Thanks
This judgement is as unfair as it is stupid. You will live in an estate, enjoy all the facilities including security made available by other residents at cost but yet refused to pay the dues. I think the only option open to such a resident be that person an individual or company will be to vacate the estate and go to where lawlessness rules the day. But if you choose to live in that estate , then you must be prepared to obey the rules jointly established by the majority of the residents.
Beginning of anarchy in residential estates
Good judgment.
This is a dangerous and reckless judgment and if it will be used as a precedent, will cause chaos and irresponsible behavior.
We can all choose not to belong to the Residents’ Association and the result is better imagined!!!
There is a proviso though, that is, whoever will take such a stance must provide his/her own security , waste management and other services which the dues are utilized for.
While acknowledging the rights of Nigerians to freely belong or associate with an organization of his or her choice as declared by the court it imperative to note that Nigeria is a peculiar nation where most often Government failed in her responsibilities to provide for basic needs of the citizenry such as efficient and effective waste disposal, security, roads drainages, electricity etc. It is the collective financial contributions of residents that helps to fund and provide these services.
For instance, in my Estate (Graceland )in Alimosho LGA in Lagos State, it was the collective financial contributions of residents that help to fund electricity, drainages, roads and security. The absence of Government presence until the community took the bull by horn to provide these services was what made live worth living in the estate. Our people contributed immensely to develop the estate today.
The decision of the court will definitely slow if not stop community development efforts in a country like Nigeria.
My sincere appeal to Nigerians is to continue to sacrifice for our collective interest , work and synergies to ensure we live harmoniously for our collective development as Government has failed to meet her statutory responsibilities.
Allah help us.
Great thsnk you sir
This doesn’t look good in an estate that takes care of its security, electricity and other amenities the government doesn’t provide.
This kinda of ruling are what is expected in countries where the government functions and provides services to its citizens. How does this make sense when we, the citizens are the ones providing these services for ourselves and they are now saying those who subscribe to those services don’t have to pay for them? Then why will anyone provide services others are not willing to subscribe to??
I’m just wondering. When Megawatt bought a property in the Estate, were they not aware of the Estate dues?
I guess they are happy with an unkempt environment because if everyone does as they please, I’m not sure they will like their Estate within a short period when everything runs down leading to devalue of their property.
It’s a pity some people can’t see beyond their noses.
On the other hand as I don’t know the complete story, I can only hope that the Management of that Estate is transparent in all their dealings with the resident. Maybe they were not which lead to the case in court.
I also want to believe that the Estate did not have a good lawyer because there are also rights for every citizen regarding nuisance, noise, disorderly conduct, and security .
For me, this judgement has failed to consider developmental self help projects usually embarked upon through contributions by almost private estates residents especially in Lagos state. It is widely known that State and Local Governments presence are hardly felt in these private estates in terms of infrastructures hence the need for the residents to for form associations to address the basic infrastructure gaps.
So many tenants will rejoice at this judgement considering the fact that they have nothing at stake.A rational person should know that these amount possible will involve maintenance, security and other miscellaneous expenses but because they want to evade it so they are bound to rejoice.Get involve in monthly meetings and know what is involve then you will appreciate to live in estate.
2) Don’t be surprised that the judge from his career till date must have not live in an estate to experience how recalcitrant some tenants and landlords are and how they pose security risk to the community so look at the two side of the coins before rejoicing,
To logically appraise this: just imagine that there is no association called government in countries, AU in Africa, UN at the global level.. There will be a void, lawlessness unimaginable insecurity and anarchy everywhere….this may induce indiscipline in hitherto organized estates. Alexander Boloma
It is a nice judgment but it must not included residential occupant because all the residents come together to maintain their community by so doing if judgment should apply then our private estate will be nothing to recond with