The EIE project LTD/GTE has filed an action with suit no: Temp/35082 against the Lagos State Government, the Attorney General of Lagos State and the House of Assembly of the State for the interpretation of Section 7 (5), Item 1 (J) Fourth Schedule of the 1999 Constitution as amended.
The origination summons which was brought pursuant to Order 3, Rule 8 (1) of the High Court of Lagos State (Civil Procedure) Rules 2012, and Section 7, Item 1 (J) of the Fourth Schedule of the 1999 Constitution as amended, sought for the claims inter alia to wit:
A declaration that the 3rd respondent lacks power to make/pass the Land Use Charge Law 2018 which contains provisions on the constitutionally exclusive functions of the local governments to assess, levy and collect tenement rates;
a declaration that the Land Use Charge Law 2018 which contains provisions on the constitutionally exclusive functions of the local governments to assess, levy and collect tenement rates is inconsistent with provisions of Section 7 and item 1 (j) of the Constitution and thereby null and void;
a declaration that the provisions of Section 3, 5, and 6 of the Land Use Charge Law 2018 of Lagos State are inconsistent with the provisions of Section 7 (5) and item 1 (j) Fourth Schedule of the constitution, and therefore unconstitutional, null and void;
an order striking out the provisions of Section 3, 5, and 6 of the Law and a perpetual injunction retraining all the respondents, the agents , officers and/or representatives from giving effect or further effect to the provisions of the said sections of the Law in contention.
The summons was dated the 12th day of March, 2018 and taken out by Olumide Babalola, Esq., with an affidavit deposed to by one Seun Akinyem, who happens to be the research assistant of the applicant.
Also annexed to the application is a written address in support of it.