Lagos State Govt dragged before Court over new Environment law

Joined as co-respondents in the suit are Attorney-General of Lagos State, Lagos State House of Assembly, Commissioner, Lagos State Ministry of Environment, Lagos Waste Management Authority and Visionscape Sanitation Solution Limited. The applicants in their originating summons through their counsel, David Fadile said that a law that places, vests and empowers the fourth to fifth respondents with the control, regulation and administration of refuse and waste disposal in all areas of Lagos State is within the exclusive preserve of the local government councils of Lagos State pursuant to section 7 (5) of the 1999 Constitution. They are asking whether under section 4 (7), 7 (5) and paragraph 1 (h) to the 4th schedule of the 1999 Constitution of the Federal Republic of Nigeria, the Lagos State House of Assembly is competent to make a law that will place, vest and empower the fourth to fifth respondents with the control, regulation and maintenance of refuse, sewage and waste disposal in all areas of Lagos State. Besides, they are seeking whether Lagos State House of Assembly, has a power under the Constitution of the Federal Republic of Nigeria 1999 to make laws to divest, excise and take over the constitutional functions, mandate and duties of the local government councils in Lagos State. The applicants are seeking for a declaration that no law made by the Lagos State House of Assembly can validly place, vest and empower the fourth to fifth respondents with the control, regulation and administration of refuse and waste disposal in all areas of Lagos State, as that is within the exclusive preserve of the local government councils of Lagos State. When the matter came up for hearing before Justice Adeniyi Onigbanjo, the counsel to first to fifth respondents, Adetokunbo Ladiga and counsel to sixth respondent, Francis Akinlotan, told the court that they have a preliminary objection. However, Justice Onigbanjo adjourned till October 24, for hearing of the origination summons and all the preliminary objections.]]>