Section 5 of the Lagos State Survey Law, which requires surveyors to obtain written consent from the Surveyor General of Lagos State before conducting a survey on any state land or land acquired by the Lagos State Government, has been declared invalid by a Federal High Court in Lagos.
Justice Daniel Osiagor ruled that the Lagos State House of Assembly violated the constitution by enacting Section 5 of the Lagos State Survey Law.
He maintained that the Surveyor General in the state lacks the authority to demand and/or insist on counter-signing a survey plan prepared by a registered surveyor or any plan, as such authority was abolished in Nigeria in 1974.
“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,” the court held.
Justice Osiagor said this while delivering judgement in a suit marked FHC/L/CS/1789/2020, filed by seven surveyors—Adaranijo Rafiu, Mrs 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 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 and that the Surveyor General, of Lagos State being a member of SURCON, is bound to follow and apply the Guidelines for the Conduct of Survey Practice in Nigeria 2020, in Lagos State,” Justice Osiagor further held.
In addition, 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) and that he also lacks the power to reject copies of survey plans submitted by the Plaintiffs and every other Registered Surveyor in Nigeria) for lodgement.