Survey Law: Court Dismisses Lagos State’s  Application to Stay Judgement

Wale Igbintade

Justice Daniel Osiagor of the Federal High Court in Lagos yesterday dismissed an application filed by Lagos State seeking to stay judgement of the court which nullified Section 5 of the Survey Law of Lagos State.

The controversial section requires surveyors to obtain written consent of the Surveyor General of Lagos State before carrying out survey on any state land or land acquired by the Lagos State Government.

In the application filed by the Surveyor General of Lagos State and 10 others, they are seeking an order of injunction pending appeal, restraining the Respondents from enforcing, implementing or taking any further step or giving any effect to the judgment of the court delivered on August 2, 2022, pending the determination of the appeal now filed against the judgment.

Moving the Motion on Notice brought pursuant to Order 32 of the Federal High Court (Civil Procedure Rules, 2019), Mrs. T E Akinbiyi from the Lagos Ministry of Justice urged the Court to grant the Application, in order to forestall breakdown of law and order in Lagos State.

She told the court that the Applicants have a competent appeal on which the application is predicated, adding that it would be in the interest of justice if the Application is granted.

However, counsel to the respondents, Osaretin Egbobor opposed the application and urged the court to dismiss it in its entirety.

Egbobor informed the court that the Applicants have refused to obey the judgement of the court, and have invited the court to speculate on what constitutes the res in this matter and how the refusal of the Application would occasion a destruction of the res contrary to the settled principle of law that a Court of law does not speculate.

He stated that “A party who seeks an exercise of the Court’s discretion must place sufficient materials before the Court to aid the Court to exercise its discretion.

“Having not placed before this honourable Court, the res which the Applicants alleged will be destroyed in this matter, the Respondents submit that the Applicants have not placed sufficient materials before your lordship to warrant the exercise of your lordship’s discretion in favour of the Applicants.”

He stated that as long as the applicants continue in their contempt of disobeying the orders contained in the judgment, the Court will not exercise its discretionary power in their favour.

In his ruling, Justice Osiagor held that the fact that the Applicants filed an appeal against the judgement of the court does not constitute a stay of execution of the judgement.

The court further held that the judgement was declaratory, and not executory, hence that was not to stay.

Dismissing the Application, Justice Osiagor held that the Application lacked merit, and there is absolutely nothing to restrain.

Justice Osiagor, had in his judgement held 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 of the Surveyor General of Lagos State before carrying out survey on any State land or land acquired by the Lagos State Government.

The court stated that the Surveyors Council of Nigeria is the only body vested with authority to regulate and control survey practice/profession throughout the Federal Republic of Nigeria.

Justice Osiagor held that only the Surveyors Council of Nigeria, (2nd Defendant) has the powers to issue 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 stated that the Surveyor General, of Lagos State (1st Defendant) being a member 2nd Defendant, is bound to follow and apply the Guidelines for the Conduct of Survey Practice in Nigeria 2020, in Lagos State.

 The court held that the Surveyor General, of Lagos State lacks the power 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).

The court also held that the first Defendant lacked the power to reject copies of survey plans submitted by the Plaintiffs, and every other Registered Surveyor in Nigeria) for lodgement and that he has no power to demand and/or insist on counter-signing a survey plan prepared by a Registered Surveyor. 

Besides, Justice Osiagor held that “The engagement of the 3rd to 9th Defendants by the 1st Defendant via a letter dated 15 September 2020 with Reference No. OSSG/CAD/2020/Vol. 1/ 033, as the only Surveyors to carry out surveys in the Mende Revocation Area, to the exclusion of the Plaintiffs, and every other Registered Surveyor in Nigeria is hereby set aside for being in gross violation of the provisions of Sections 4(d) and 19(1) of the SURCON Act, Sections 1(3), 1(5) and 3 of the Guidelines for the Conduct of Survey Practice in Nigeria 2020.

Subsequently, the court made an order of perpetual injunction restraining the Defendants from giving effect to the 1st Defendant’s letter dated 15 September 2020 with Reference No. OSSG/CAD/2020/ Vol. 1/033, pursuant to which the 3rd to 9th Defendants were engaged by the 1st Defendant is hereby granted.