Survey Practice: Surveyor-General Of Lagos State Dragged To Court Over Alleged Contempt

A contempt suit has been initiated against the Lagos State Surveyor-General over his alleged failure to obey the judgment of the court, which nullified Section 5 of the Survey Law of Lagos State, among other orders.

The contempt action was filed before a Federal High Court sitting in Ikoyi, Lagos, presided over by Justice Daniel Osiagor, by some surveyors in the state who insisted that unless the contemnor obeys the order of the 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 aggrieved surveyors are Adaranijo Ibikunle Ganiyu Rafiu, Aluko Kikelomo Sikirat (Mrs.), Adedeji Olarewaju, Adams Benjamin Olugbenga, Mekuleyi Oluseyi Samuel, Aliu Samuel, and Fashina Adedapo.

In a Notice of Consequences of Disobedience to Order of Court, brought under Section 72 of the Sheriff and Civil Process Act 2002, and Order IX, Rule 13 of the Judgment Enforcement Rules filed by their lawyer, Mr. Osaretin Ogbebor, the applicants stated that the orders of the court which were disobeyed were delivered on August 2, 2022, by the same judge.

According to the said judgment, Justice Osiagor 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 judge had equally declared that the Surveyors Council of Nigeria has the power to issue the Guidelines for the Conduct of Survey Practice in Nigeria 2020 in the exercise of its powers to regulate and control survey practice/profession in Nigeria.

Justice Osiagor had further ruled 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 surveying any State land or land acquired by the Lagos State Government, among others.

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