Some surveyors in Lagos State have filed contempt proceedings suit against the State’s Surveyor-General, before a Lagos Federal High Court, over his failure to obey the judgement of the court, which nullified Section 5 of the Survey Law of Lagos State, among other orders.
The Applicants stated that unless the contemnor obey the order of court in Suit No: FHC/L /CS/1789/2020, he will be guilty of contempt of court and will be liable to be committed to prison.
The Surveyors who are the applicants in the suit are; Adaranijo Ibikunle Ganiyu Rafiu, Aluko Kikelomo Sikirat (Mrs.), Adedeji Olarewaju, Adams Benjamin Olugbenga, Mekuleyi Olusey Samuel, Aliu Samuel, and Fashina Adedapo.
The applicants in a Notice of Consequences of Disobedience to Order of Court, brought pursuant to Section 72 of the Sheriff and Civil Process Act 2002, and Order IX, Rule 13 of the Judgement Enforcement Rules filed by their lawyer, Mr. Osaretin Ogbebor, stated that the orders of the Court which were disobeyed was delivered on the 2nd August, 2022.
In the said Judgement, the Court had held that the Surveyors Council of Nigeria (second defendant) is the only body or authority vested with the powers to regulate and control survey practice/profession throughout the Federal Republic of Nigeria.
The court also held that the Surveyors Council of Nigeria has the powers to issue the Guidelines for the Conduct of Survey Practice in Nigeria 2020 in exercise of its powers to regulate and control survey practice/profession in Nigeria.
The court further held that the Surveyor General of Lagos State, being a member of the second defendant, is bound to follow and apply the Guidelines for the Conduct of Survey Practice in Nigeria 2020, in Lagos State; and that the Lagos State House of Assembly acted unconstitutionally, in enacting Section 5 of the Survey Law of Lagos State, which requires Surveyors to obtain written consent from the Surveyor General of Lagos State before carrying out survey on any State land or land acquired by the Lagos State Government, among others
In a blatant disobedient to the court order, the applicants observed that at the 1st Stakeholders Forum, which was organized by the office of the Surveyor General of Lagos State, with the theme: “Emerging Technologies For Optimized Geospatial Application And Service Delivery In The 21st Century”, which was held at the High Point Event Centre, 5 Impressive Close, off L. J Dosunmu Street, CBD, Alausa, Ikeja on Wednesday the 16th November, 2022, it was expressly stated in black and white in the handbills shared at the forum to all the participants that the Technical Directorate/Functions of office of the Surveyor General of Lagos State’s office include: “Regulating Private Survey Practice”; “Processing of application for consent to survey government land by private survey practitioners/Registered Surveyors” and “Issuance of Public Beacons Identification”.
The said stakeholders forum, according to applicants, was contract to the Orders of the Honourable Court, and to the clear provisions of the Guidelines for the Conduct of Survey Practice in Nigeria 2020, issued by the second defendant, that all beacon numbers for both public and private survey works shall be issued by the second defendant only. Moreso, under Product and Services, the Surveyor General claimed to offer the followings services: “Topographical Survey”; “Layout Survey of Schemes”; “Surveyor General’s Consent to Survey” among others.
It was further confirmed that in a bid to frustrate the judgement of the Court, the applicants and all other Registered Surveyors in Lagos State, the officials of the Surveyor General of Lagos State have been accepting the record copies of Survey plans filed without treating them or issuing any proof of lodgment / Certificate of Deposit issued to the Applicants and other Registered Surveyors based on orders from above, among other act of disobedience.
It was also confirmed that the Mende Survey jobs are still being signed by the Surveyor General of Lagos State, through his “anointed Seven Surveyors” that collect the survey jobs from the Mende residents, despite the court orders nullifying their letter of engagements.
The applicants also vow that contempt proceedings shall be instituted against any Registered Surveyor or any official of the Lagos State Government who disobeys the court judgement in solidarity for the office of the Surveyor General of Lagos State.
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