Osaretin Ogbebor
The Surveyor General, of Lagos State, may soon face contempt proceedings over the failure of the State government to implement Judgement of the Federal High Court, which nullified Section 5 of the State’ Survey Practice Law and granted any surveyor to practice the profession in any part of the State without any hindrance.
The surveyors in a letter written by their lawyer, Osaretin Ogbebor, said that a subsisting order of Court must be obeyed by all no matter how lowly or lightly placed in the society.
The letter cited alleged refusal by the officials of Surveyor-General to accept for lodgement, the record copy with Plan No: TOC/0699/06/2022/LA, dated the 10th of August, 2022, prepared by Surveyor Olatunde M. Olarinre, which was rejected, and marked as “Old Yaba Acquisition.”
Justice Daniel Osiagor had on August 2, 2022, while delivering judgment in the suit marked FHC/L/CS/1789/2020, nullified 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 suit was filed by seven Surveyors, Adaranijo Ibikunle Ganiyu Rafiu, Aluko Kikelomo Sikirat (Mrs.), Adedeji Olarewaju, Adams Benjamin Olugbenga, Mekuleyi Oluseyi Samuel, Aliu Samuel, and Fashina Adedapo against the Surveyor-General of Lagos State and 10 others,
Others listed as defendants are: Surveyors Council of Nigeria, Surv Olatunbosun David, Surv Adesina Adeleke, Surv Akomolafe A.O, Surv Odetunmobi O. Olufemi, Surv Mrs Akintaro, Surv Michael Adebisi Alonge, Surv. Egbeyemi Lateef, the Attorney General of Lagos State, and the Attorney General of the Federation respectively.
The court also held that the Surveyor General, of Lagos State lacks the power to deny 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.
Reacting to the alleged refusal of the Surveyor-General’s refusal to accept for lodgement, the record copy with Plan No: TOC/0699/06/2022/LA, dated the 10th of August, 2022, prepared by Surveyor Olatunde M. Olarinre, the aggrieved surveyors in their letter tilted
“The act of disobedience to the judgement of the Federal High Court, Lagos, in Suit No: FHC/L/CS/1789/2020, between Surv. Adaranijo Ibikunle Ganiyu Rafiu and six others and Surveyor-General of Lagos State and 10 others and it’s incidental effect”, warned the State government of the consequences of disobeying Court.
The letter addressed to the Lagos State Surveyor-General reads; “The attention of our clients has been drawn to the refusal by your good self and officers in your office to comply with the judgement of the Federal High Court, Lagos in the above suit dated the 2nd day of August, 2022.
“One of such act of non compliance with the judgement of the Court is the refusal by officers in your office to accept for lodgement, the record copy with PLAN NO: TOC/0699/06/2022/LA, dated the 10th of August, 2022, which was prepared by Surv. Olatunde M. Olarinre. The said record copy was rejected for lodgement and marked “OLD YABA ACQUISITION” despite the orders of the Honourable Court to the contrary. A copy of the letter of submission of the record copy and pillar returns, as well as the record copy itself as marked and rejected is hereby annexed as an evidence of our clients’ assertion.
“To this end, we have the instructions of our clients to bring to your notice the implications of disobeying Court orders in Nigeria.”
Directing the Surveyor-General’s attention to consequence of disobeying court order, the surveyors’ counsel cited the case of “Rt. Hon. Michael Balonwu & Ors -V- Governor of Anambra State & Ors (2007) 5 NWLR {Pt. 1028} Page 488 at 564 565 paragraphs B G per DENTON-WEST JCA held thus: “An order of Court whether valid or not must be obeyed until it is set aside. An order of Court must be obeyed as long as it is subsisting by all no matter how lowly or lightly placed in the society. An act of disobedience towards an order of Court can render any further act by those who have acted disobediently to sanctions from other Courts because no Court would want its orders flouted. This is what the rule of law is all about hence the Courts have always stressed the need for obedience of Court orders.”
He also cited the case of Oshiomhole & Anor v. FGN & Anor (2004) LPELR5188(CA) that “But in a democratic polity, where principles of rule of law are firmly entrenched in the system, it will be working in an anticlockwise direction, an affront and indeed an onslaught on democracy if a person or body of persons however highly placed, shall decide to brush aside, downgrade and ridicule a Court’s order. The Court, on the other hand is always jealous of its decisions and will not allow anyone to ridicule it. A Court of law is never a toothless bulldog, it can bark, bite, brake and may, as circumstance may warrant, eat up the bones.”
