COURT INVALIDATES SECTION 5 OF LAGOS STATE SURVEY LAW.
A Federal High Court sitting in Lagos has revoked Section 5 of the Lagos State Survey Law, which mandated surveyors to obtain written consent of the Surveyor General of Lagos State before carrying out survey on state lands or any land obtained by the Lagos State Government.
Justice Daniel Osiagor of the Federal High Court in Lagos held that the Lagos State House of Assembly acted unconstitutionally in enacting the law.
The judge held that the Surveyors Council of Nigeria is the only body vested with the responsibility and authority to regulate and control survey practices and profession throughout the Federal Republic of Nigeria.
He further stated that the Surveyor General in the state does not have the power to demand and/or insist on counter-signing a survey plan prepared by a registered surveyor in Lagos state.
Justice Osiagor made the pronouncement while delivering judgement in suit number: FHC/L/CS/1789/2020, filed by seven surveyors; Adaranijo Rafiu, Kikelomo Aluko, Adedeji Olarewaju, Adams Olugbenga, Mekuleyi Samuel, Aliu Samuel and Fashina Adedapo—against the Surveyor General of Lagos State and 10 others.
Other defendants in the suit are Surveyors Council of Nigeria, Olatunbosun David, Adesina Adeleke, Akomolafe A.O, Odetunmobi O. Olufemi, Mrs Akintaro, Michael Adebisi Alonge, Surv. Egbeyemi Lateef, the Attorney General of Lagos State, Moyosore Onigbanjo, and the Attorney General of the Federation, Abubakar Malami.
The court held that the first Defendant lacked the powers to reject copies of any survey plans submitted by the plaintiffs and every other registered surveyor in Nigeria for lodgement, adding that he has no power to demand or insist on counter-signing a survey plan prepared by a Registered Surveyor.
The court also held that the Surveyor General of Lagos State lacks the powers to deny the plaintiffs or any registered surveyor consent to conduct survey on any parcel of land in Lagos State , whether owned by the Lagos State government, corporate bodies or private individuals.
I look forward to having this case appealed, well up to the supreme court. If the reasoning and principle therein is upheld by the appellate courts, especially the supreme court, then the hitherto established principle in Lawson Vs Afani Construction Company Limited (2002) 2 NWLR (Pt. 752) 583 @ 618 Ratio 9 THAT A SURVEY PLAN WHICH IS NOT COUNTERSIGNED BY A SURVEYOR GENERAL IS INADMISSIBLE NO MATTER HOW WELL AND HOW PROPERLY DRAWN would be given a decent burial.
