The consistent harassment and threats by Abuja Market Managers Limited (AMML) have taken a different dimension as traders now conduct business in fear of the high and mighty.
CHIKA OKEKE writes.
Garki Model market is situated along Ladoke Akintola Boulevard, Garki. The market is under the care of Market managers known as AMML. Today, traders are crying out over what they described as “Illegal extortion from the mobile court set up by AMML in conjunction with Abuja Environmental Protection Board (AEPB) to handle environmental and other issues in the market.
For Mr. Aloy Mary, a trader in Garki Model market who sells plastic wares, described himself as a victim of illegal extortion from officials of the Abuja Market Managers Limited (AMML) that oversee the affairs of the market. He shared his experience with LEADERSHIP SUNDAY. “I am a victim of illegal extortion. My experience in Garki mobile court is terrible and sad.
Since 2009 when the market was shut down because I was an active member of Garki Model Market Association, (GAMMA) they (AMML) vowed to send me back to my village if I insist on joining the association. Since then, I have been through thick and thin in the hands of the task force. As soon as they see me off loading my goods, they will seize it and take it to their office.
To reclaim my goods, I will have to go to the mobile court. The court? charges and penalises me as well. I will plead guilty so that they can give me back my goods. But if I say that I am not guilty, the goods will remain with them. Once I have pleaded guilty, I will pay a fine of N4,000 after which they will direct me to meet the market management and claim my goods. On getting there, they will request for a list of the goods seized. Surprisingly, some of the goods will be missing but the most painful aspect is that when they initially seized my goods, they sold it at an auction price and the proceeds were not remitted to me. My lawyer wrote to the magistrate on why my goods were sold without my consent but they told us to take our case to the High court. The goods were valued at the cost of N200,000. Since I do not have money to push the case, I let it lie low.
Aloy Mary continued, “It has become a norm for them to seize my goods every Monday. Even when they arrested me with some traders alleging that we incited violence in the market, they remanded us in Suleja prison. As if that was not enough, the task force went ahead to pack my goods. But when my boys went to claim it, they insisted on seeing me there. Till toady, those chairs are missing. When I eventually went to the office to claim my chairs, they alleged that I collected the chairs at night. I am asking the government to come to my aid because they have vowed to send me back to the village through their wicked act.
The Secretary/ PRO Garki Model Market Association (GAMMA), Mr. Dayo Williams quoted, the MD of AEPB, Abubakar Yabo, as saying during a radio programme on Aso Radio in August 2011 that? they are “no longer operating AEPB mobile court in Garki market; that the mobile court in place belongs to AMML”. Surprisingly, those who were operating the mobile court during the time of AEPB are still the same set of people operating in the court at Garki market. People still believe that AEPB is still in charge of the mobile court. They are using it to extort money from traders. AMML will seize your goods and accuse you of over shading. With this, the trader will be forced to appear in the mobile court. When you go there, the magistrate will ask, “Are you guilty or not guilty” while AMML staff will tell you to plead guilty. After you must have pleaded guilty, you will be mandated to pay a fine of N4,000.
After paying the fine, when you go back to them (AMML) that you want to claim your goods, they will order you to pay service charge. This is how they have been extorting traders in this market. We know that they have machinery from the government because Mr. Ibrahim Yahaya Joseph, the market manager, told us specifically that he will use the government machinery to injure every trader that opposes their illegal actions.
He swore that all the Igbo traders in Garki must be dealt with. The service charge is too much and we asked them to itemise the components in the service charge and they have not done it. If we see it, we will now sit down with them and discuss. Recently, the manager told us that they are paying N1.8 million for security while recently, some traders’ shops were burgled and the victims were not compensated. We see it as a criminal act. We are begging the government to help us and address these burning issues in the market because we do not want to take laws into our hands.
Reacting, the Prosecutor attached to the mobile court who is also the Senior State Counsel to Abuja Environmental and Protection Board, Barrister Arome Tokula said that the mobile court was established on April 2008 to handle environmental issues in Garki market. It was approved by the chief Registrar of FCT Judiciary, Aisha Abubakar Ibrahim. It did not commence sitting until 2009 when I was appointed as a Prosecutor/Legal officer to prosecute environmental issues and other offences in the market. Since the establishment of the mobile court, about 720 people have been convicted over illegal display of wares in unauthorised places, hawking and over shading of wares within Garki modern market beyond the stipulated limit of one metre.
Their fine ranges from N2,500 to N5,000. The law states that the least fine is N5,000 with an option of six months imprisonment. Eventually, all the accused have chosen the payment of fine and none have been imprisoned since its inception. The offence is captured on AEPB Act No 10 of 1997, section 30, and sub section (1d and 2b) which emphasises on illegal display of wares on unauthorsed places as well as hawking.
On the activities of the mobile court, he said, “the court has procedures and the procedure is contained in Section 38 and 39 of AEPB Act of 1997 which states that Criminal Procedure Court (CPC) applies that accused persons are arraigned before the court and charges against them read to their hearing to which they have the option to plead guilty or not guilty after they have been asked if they understood the charges read to them or not.
In some cases, an interpreter is asked to interpret in either Hausa or Igbo for those who do not understand English. Under criminal procedure, if the accused pleads guilty, the CPC makes provision for summary conviction upon the plea of the accused person where the person will be sentenced upon conviction to either pay fine or go to prison. Where the person pleads not guilty, the court will take a date for trial where both parties will bring in their witnesses to either prove their case for the prosecutor or their defense for the accused person. Upon payment of court fines, the court instructs that the goods of the accused person be released.
because they have the right to defend themselves.? All pleas are done on volition and free will of all accused persons without any iota of compulsion. We have also prosecuted AMML in this court based on environmental issues.
The statement attributed to the MD of AEPB as saying that the mobile court in Garki no longer belongs to AEPB but AMML was a misconception of the statement. What will amount to AEPB withdrawal if there is no AEPB representation in the market? There is no way the director`s statement will mean that we have withdrawn our operations in the market. We have a mobile court in Wuse market, Kado fish market, Zone 3 shopping mall, Gudu market and Utako market in conjunction with AMAC.
The mobile court in Garki market is in conjunction with AMML because we are using their premises. The court is still independent and the prosecutor is from the regulatory agency that regulates environmental matters. I confirmed it from my head of unit who told me that the Director said there was nothing like that. AEPB has its own environmental officers supervising and monitoring environmental issues in all the markets in FCT.
AMML does not have any power to auction any goods without the consent of the magistrate. It is untrue. I have never applied for any auction and except if I apply, no goods will be auctioned. We have never done any auction since the inception of the mobile court and the magistrate has never given an order to that effect.
Ordinarily, if we are to auction, the goods will be forfeited and the proceeds remitted to government coffers because the person must have been convicted.
Any perishable items seized will be taken to the motherless babies’ home where their owner refuses to show up. If they are not perishable, it remains until the owner shows up. But between six months to one year, if the owner doesn’t show up, the goods will then be auctioned.
On his own part, the head Corporate Affairs of AMML, Mr. Innocent Amechina debunked the claims that the market manager, Mr. Ibrahim Yahaya Joseph vowed to deal with traders.
According to him, the manager is a public officer and cannot make such comments. For the goods seized from the traders, they are handled by the mobile court. At no time recently have the trader’s shops been burgled. May be it was the one that happened a couple ofyears back that they are still emphasising. People will always do all sorts of things to drag the name of AMML into the mud. How can we force traders to plead guilty? Our staff are responsible and will never do a thing like that.
The bone of contention between the traders and the market managers has always been? the exorbitant service charge. It’s high time the FCT Minister, Senator Bala Mohammed addressed these challenges.