The High Court of the Federal Capital Territory (FCT) has nullified the Abuja Municipal Area Council’s (AMAC) Radio/Television and Communication Mast Bye-Law, 2012. This landmark judgment follows a suit filed by Yaliam Press Limited, a security printing company, which contested AMAC’s demand for a ₦1,000,000 radio and television license fee.
Background of the Case
On April 17, 2021, AMAC issued a demand notice to Yaliam Press Limited, citing the 2012 bye-law as the legal basis for the fee. The company objected to the demand and, on September 23, 2021, formally warned AMAC of impending legal action if the request was not withdrawn.
The Court’s Ruling
The FCT High Court ruled in favor of Yaliam Press, declaring that AMAC lacks the constitutional authority to impose a radio and television license fee beyond what is stipulated under federal law. The court deemed the 2012 bye-law unconstitutional, unlawful, and unenforceable.
Key highlights of the judgment include:
- Lack of Legislative Authority: AMAC has no legal power to enact a radio and television license law in the FCT outside the provisions of the Constitution.
- Bye-Law Invalidity: The 2012 bye-law was declared unconstitutional, invalid, and unenforceable.
- Invalidation of Demand Notice: AMAC’s demand for ₦1,000,000 from Yaliam Press was ruled invalid, as the company does not operate radio or television services.
- Bye-Law Officially Set Aside: The court nullified the 2012 bye-law in its entirety.
- Restraining Order Against AMAC: The council is permanently restrained from further demanding fees under the invalidated bye-law.
Legal Representation and Impact
Yaliam Press Limited was represented by T.R. Agbanyi, counsel from Y.C. Maikyau & Co. The ruling is a significant victory for businesses operating in the FCT, reinforcing the constitutional limits on local government taxation and preventing unauthorized levies.
This decision underscores the importance of legal advocacy in protecting businesses from unlawful financial demands. Y.C. Maikyau & Co. remains committed to upholding the rule of law and safeguarding the rights of businesses and individuals alike.
