The Lagos State Surveyor-General (SG) has appealed a judgment of the Federal High Court in Lagos, which invalidated Section 5 of the state’s Survey Law that required surveyors to obtain the written consent of the SG, before surveying any state land.
The appeal comes in the wake of accusations by private surveyors that the state’s Surveyor-General was disobeying the August 2 judgment of Justice Daniel Osiagor.
The judgment, in suit FHC/L/CS/1789/2020, also authorised registered surveyors to practise their trade without the consent of a state surveyor-general.
Justice Osiagor held, among others, that the Lagos SG lacks the power to deny the plaintiffs or any registered surveyor’s consent to survey any parcel in the state (whether owned by the government, corporate bodies or individuals).
It held that the Lagos SG also lacks the power to reject copies of survey plans submitted by the plaintiffs (and every other registered surveyor in Nigeria) for lodgement.
The court further held that the SG does not have the power to demand and/or insist on counter-signing a survey plan prepared by a registered surveyor.
But the surveyors, speaking in Lagos under the auspices of the Association of Private Practising Surveyors of Nigeria (ASPPSN), alleged that the state’s SG had yet to comply, adding that they would be forced to file a contempt charge.
Those who met with reporters on ASPPSN’s behalf are Adaranijo Rafiu, Mrs. Aluko Sikirat, Adedeji Olarewaju, Adams Olugbenga, Mekuleyi Samuel, and Fashina Adedapo.
They said according to the judgment, “no state has power to make laws on surveying practice and profession in Nigeria, because the SURCON Act and the Regulation is applicable in all the states in Nigeria.
“No surveyor-general has any right to stop private practising Surveyor from working on any parcel of land in the state, whether owned by the state government, corporate body or private individual and there must never be any counter signature on any plan again.
“The state government, offices of the state surveyors-general and the Department of Survey and Mapping, Federal Capital Territory (FCT), have no powers to issue any pillar number for Survey work whether government, corporate or privately owned parcel of land.”
But the Lagos SG, in its September 7 notice of appeal, challenged the judgment, raising eight grounds of appeal.
He claimed that the judge erred when he, among others, assumed jurisdiction over the suit and asked the appellate court to set aside the judgment, “in its entirety.”