Survey Law: Surveyors Asks Court To Jail Surveyor-General For Contempt

Some surveyors in Lagos State have urged a Federal High Court in Lagos to send the state’s Surveyor-General to prison for contempt and allegedly disobeying the judgement of the court, which nullified Section 5 of the Survey Law of state.

The Applicants stated that unless the contemnor obeys the order of a 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 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 under Section 72 of the Sheriff and Civil Process Act 2002, and Order IX, Rule 13 of the Judgement Enforcement Rules filed by their lawyer, Osaretin Ogbebor, stated that the orders of the court which were disobeyed were delivered on the August 22, 2022.

In the judgment, Justice Daniel Osaigor had declared 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 judge had also held that it is only the Surveyors Council of Nigeria that has the powers to issue guidelines for the conduct of survey practice in Nigeria, in exercise of its powers to regulate and control survey practice/ profession in Nigeria.