Wednesday, October 21, 2015

Wuye Ultra-Modern Market Tussle: The Facts, The Propaganda.Read More.



For sometime now there has been this serious tussle going on between All Purpose Shelter Limited  owner of Wuye Market in Abuja and the traders.Just few days ago,news circulated of the near lynching of the owner of the property Arch Yemisi Suswam ,while that was a miss-informed and false info,it was an attempt by propagandist to destroy and tarnish the image of APSL ,who worked so hard and invested a fortune in that project.
We spoke to the PRO of APSL to get clarification on the ongoing dispute, he quickly supplied details of this investment to us.Click to read more.

Every business investment the world over has the fundamental objective of providing service to people for profit. So it is with the All Purpose Shelters Limited, APSL which struck a Build, Operate and Transfer, BOT, agreement with the Abuja Property Development Company for the construction of the multi-billion naira market known as Wuye Ultra-Modern Market in Abuja, Federal Capital Territory.

APSL which was registered in 1994 obtained loans from the defunct Oceanic Bank (presently Eko Bank) and First Bank to construct the market in 2004. Traders who expressed interest in the market through FCTA were charged N2,000, N3,000 and N5,000 respectively as administrative charges. Altogether, over 5000 traders applied for the shops. The market has just 1,600 shops.

After they were given letters of provisional offer of allocation of shop/open space, the traders instead of paying for either shop or open space fast track the process demanding for keys straight without due process as directed by FCTA.

But the All Purpose Shelters Limited said that they have no right to use and occupy shops at the market without paying for them because it built the shops with bank loan.


APSL also said that interest on the money is running on a daily basis. It further said that time within which it ought to recoup its investment has started running since 6th February, 2014 when the market was commissioned by the former president, Goodluck Jonathan.

Perceiving that APSL would not condescend to their request, 706 traders out of over 5000 traders formed an association called Wuye Ultra Modern Market Owners dragged the Minister of the Federal Capital Territory, Federal Capital Development Authority, FCDA, All Purpose Shelters Limited and Abuja Property Development Company before the Federal Capital Territory High Court over alleged refusal by the firm to allocate shops/spaces to them after being given provisional offer of allocation letter.


The trial judge, Justice O.A. Musa, admitted the BOT agreement as evidence after it was tendered before the court by Mr. Rotimi Ojo, counsel to APSL.
After the BOT was admitted in evidence, Mr. Ojo sought to also tender the Certificate of Occupancy issued to Abuja Investments limited and given to the firm by the FCT minister to facilitate bank facility but counsel to the traders, S.C Peters, objected to the admissibility since the document was not pleaded.

But Mr. Ojo told the court to discountenance the submissions of Peters and admit the document in evidence against the 706 plaintiffs in the matter.

Subsequently, the traders closed their case after their counsel, Mr. S.C Peters, called one of the traders, Mrs. Mary John, to give evidence in the case.

However, in its amended statement of defence, APSL, through its counsel, Mr. Rotimi Ojo, asked the court to order that full-scale business transaction at market to avoid dilapidation of the buildings.


The plaintiffs, numbering about 706 dragged the defendants to court to challenge the allocation of shops in the market.

According to All Purpose Shelter Limited, the plaintiffs know that no market has been given to traders free and so they cannot use and occupy shops at the market without paying for the shops because other traders who have equal rights with them have paid the necessary fees and collected their keys. Which is the normal practice in other BOT markets.

The plaintiffs had said in their case before the court that by virtue of the provisional offer letter released to them, they had met the terms of their allocation. But the defendant told the court that it was untrue that the paper they have is provisional offer and states clearly the steps to follow to collect the original allocation. Non of the said plaintiffs has shown the real allocation paper apart from provisional offer.

According to the 3rd defendant, “The letters released to the plaintiffs were clearly marked “Letter of Provisional Offer of allocation of Shops/Open space” which is dependent on other conditions stipulated in their letters of provisional offer.

“The 3rd defendant averred that it built the market with bank loan and interest on the money is running on a daily basis. The 3rd defendants also averred that time within which it ought to recoup its investment has started running since 6 February, when the market was commissioned.

“The 3rd defendant humbly urge the honourable court, in view of its investment to hold that the plaintiffs are not entitled to shops at Wuye Ultra Modern Market, order that the shops be allocated to people who have paid for the value of development and order that full scale business transaction be commenced to avoid dilapidation of the buildings."

However, the court on April 29, 2015 determined the case in favour of the plaintiffs and issued a warrant of repossession on behalf of the plaintiffs: "Plaintiffs to wit, Dennis Abah and others shall take possession of their shops situated and lying at Wuye Market now called Wuye Ultra Modern Market in Wuye District, Abuja."

This order have generated controversy between the traders and the developer of the market, All Purpose Shelters Limited which obtained loan running to billions of naira to develop the market as the traders instead paying for charges given by the developer felt they should just be given free access.

The Permanent Secretary, FCT, John Chukwu in a public notice issued on October 2, 2015 urged the original allottees of the market to approach the developer with the original or certified copy of letters of provisional offer of allocation of shops/open spaces dated October 23, 2002 for collection of necessary bills/fees payable.

Instead of doing that, the traders resorted to propaganda and blackmail, carrying placards denouncing the lawful request of the developer, All Purpose Shelter Limited to request for payment of fees or charges in order to recover the capital expended in building the market.


Perhaps, the traders are unaware of the agreement that the All Purpose Shelters Limited had the agreement to build the market and run it for the reversionary period of 13 years and then transfer to AICL.

It is pertinent to state here that Wuye Ultra-Modern Market advertised as encapsulated in the memorandum of understanding signed by all stakeholders from 30% construction and interested traders were given a chance to make payments instalmentally during construction which over 1000 traders keyed into.

However, since Wuye Market has only about 1,600 shops and therefore impossible to accommodate all the over 5,000 previous allotees, the others in the previous allotees list have to seek opportunity in the other public market e.g Garki, Kaura and Mabushi as they also have the allotee’s list.

That is the only logical way to go rather than resorting to cheap blackmail and propaganda since throughout the history of the creation of FCT, there has never been free shops and All Purpose Shelters Limited should not be a sacrificial lamb.


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