Collection Of Development Fee Unlawful In Delta – Bureau Chief

…Law Breakers Risk 2-Year-Jail-Term, Advises Community Leaders To Ensure Compliance

The Delta State Law which criminalized the collection of any form of development levies or fees at construction sites, either by members of community development committee, association or community leaders is still in force.

Director General of Delta State Orientation and Communications Bureau, Dr (Barr) Fred Latimore Oghenesivbe, in a statement on Saturday, emphasized the need for community leaders and residents in the state to obey the subsisting law cited as the “Public and Private Properties Protection Law, 2018.”

He disclosed that series of complaints lodged with the Bureau, coupled with allegations of acute exploitations trending on social media platforms, revealed that some members of Community Development Association or local Committees constituted by either community leaders or traditional institutions are going about terrorizing private property developers.

Some of the complaints, according to the Bureau’s Director General, include; the use of brute force and coercive strategies to collect all kinds of levies and fees ranging from N200,000 to over N1,000,000 depending on the location and size of building structure indicated in the building plan or project design.

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Oghenesivbe further stated that the State Governor, Rt Hon Sheriff Oborevwori, presided over the passage of the Bill as Speaker of the Delta State House of Assembly, as he then was, and subsequently signed into Law in 2018 by the immediate past governor, Senator Dr Ifeanyi Arthur Okowa, CON., adding that those who willfully, deliberately and unknowingly violates the law shall be prosecuted, and such individual or group of persons risks two years or five years jail term upon conviction.

He further stated that governor Oborevwori in an earlier interview with BBC correspondent in 2023, clearly stated that collection of any form of “Deve” in Delta State had been outlawed, and that no individual, community leader or traditional institution is permitted to collect development levies or fees from land developers, either public or private sector.

Oghenesivbe assured that governor Oborevwori will continue to work round the clock to provide mega infrastructure across the three senatorial districts, attract local and foreign investors, while appealing to community leaders and stakeholders not to discourage them from bringing development to their communities, towns and villages through illegal and unscrupulous transactions, collection of levies and fees already prohibited by Law.

“The Public and Private property Protection Law 2018, and more particularly at Section 13(1) and (2) which unequivocally protected property developers from being exploited, and went on to prescribe 2 years imprisonment or N1million fine or both for violators and law breakers.

“Similarly, section 11(1)(a-c) and 2(a)&(b) equally prohibits anybody from selling landed property to more than one person, with or without legitimate title, and violators risks 5 years imprisonment upon conviction.

“Collection of all forms of levies, and fees at all construction sites in all 25 local government areas which includes; communities, towns and villages, is prohibited by law, be it 10% from sale of land in form of development (Deve) fee or levy.

“Forceful entry, assault on construction workers/land owner, or trespassing construction sites without lawful authorization by the site or building owner is illegal, against laws in force, and must be avoided.

“Unlawful collection of foundation digging fee, building materials and other unscrupulous act or conduct by members of community development committee or association should be stopped forthwith to avoid running against subsisting state laws in force, the statement added.