By Andrew Cohen Amvesi
ARUA
Service delivery in Arua city is likely to be affected if Denis Lee Oguzu, the Maracha County Member of Parliament (MP) goes ahead to sue the government entity for delaying his eco-tourism project in a section of Barifa Central Forest Reserve (CFR).
Oguzu has given Arua city council up to February 8, 2024 to unconditionally approve his development plan in Barifa, lest he drags the city to court.
In a notice of intention to sue dated January 8, 2024, Oguzu gave the Arua City Clerk a period of one month to act on his project or else risk paying him shs600 million for the losses he has incurred right from the time the National Forestry Authority (NFA) issued him a license to establish an eco-tourism project in the CFR.
Through his Lawyers, MMAKS Advocates, Oguzu avers that despite several requests for Arua city council to perform its statutory obligations and approve the building plans, it has failed, refused and/or neglected to oblige, for which he holds Arua city council liable for breach of its statutory duties.
“Our client has informed us that in 2017, the National Forestry Authority (NFA) advertised investment opportunities in selected CFRs, one of them being Arua CFR, locally called Barifa forest. Our client applied to invest in tree planting, eco-development, stopover facilities, quarrying, and eco-sites among other activities as per the National Forest and Tree Planting Act, 2003 and was successful following a competitive bidding process,” the notice of intention to sue reads in part.
“We are instructed that our client proceeded and fulfilled the conditions for the grant of the license and was issued with a two-year probationary license within which to obtain an Environment Social Impact Assessment certificate from NEMA, which he obtained. Our client applied to Arua City Council to validate the building plans. However, relying on baseless grounds, Arua city council refused to approve the plans,” the lawyers added in the notice issued.
According to the lawyers, their client appealed to the National Physical Planning Board (NPPB) which on November 30, 2023 advised that Oguzu’s project would not have an adverse effect as expressed by Arua city council.
The lawyers said NPPB also pleaded with Arua city council to grant the different permits sought by Oguzu but all in vain.
“Arua city council’s actions have put our client at a financial loss since he has incurred expenses in carrying out different consultations, transport costs and legal costs in appealing to NPPB. Take notice that unless the authority (Arua city council) approves the building plans and pays UGX600,000,000 and our legal cost of UGX10,000,000 within 30 days of the date hereof, we shall proceed to institute proceedings in the event of your default to comply with this demand,” Oguzu’s lawyers warn.
But when contacted on phone, Consolate Olemaru, the Arua city Senior Communications Officer expressed ignorance about the notice of intention to sue the city council.
Olemaru, however, said she is only aware of a consultative meeting involving all stakeholders which has been scheduled to take place at Arua Core PTC over Oguzu’s project before the end of this month.
Henry Odama, the Arua city lawyer acknowledged receipt of the notice of intention to sue and said they are still following the guidelines issued by the NPPB to hold a consultative meeting.
“This notice came when we had already issued invitation letters to the relevant stakeholders to come for a consultative meeting which is scheduled for 30th this month as guided by NPPB. In our response we simple wrote that the notice is still premature because the city is still rolling out the consultation after which the committee will sit and write a report following the outcome of the consultation to NPPB,” Odama said.
