The Senate Committee on Ethics, Privileges and Public Petitions has declined to entertain the petition brought before it by the Forum of State Surveyors General Of Nigeria (FOSSGON), for being subjudice, since there was sufficient evidence to establish that the issues raised in the petition were pending before the Lagos division of the Court of Appeal.
The Committee led by Senator Neda Imasuen, said this on Thursday, November 30, 2023, when the representative of the Surveyor-General of the Federation and the Nigerian Institution of Surveyors (NIS) appeared before the Committee.
The Surveyor-General of the Federation, Surv Adebomehin A. Adeyemi and the President of the Nigerian Institution of Surveyors (NIS), Surv. Dr Matthew O. Ibitoye has asked the Senate Committee on Ethics, Privileges and Public Petitions to ignore the petition written and signed by the Surveyor General of Rivers State on behalf of the Surveyors General of all the States in Nigeria, known as the Forum of States Surveyor-Generals of Nigeria (FOSSGON) against the alleged amendments on policies and provisions of the SURCON Enabling Act/Rules and Regulations by the Surveyors Council of Nigeria (SURCON) in publishing the SURCON Guidelines, which was gazetted and dated July 20, 2020, as same was sub judice.
The Surveyor-General of the Federation, who was represented by the Director, Intelligence Survey Department, Office of the Surveyor General of the Federation (OSGOF), Surv. Emmanuel C. Nwakanma appeared before the Senate Committee on Ethics, Privileges And Public Petitions and informed the Committee that the issues raised in the petition were pending before the Court of Appeal, Lagos Division in Appeal Number: CA/LAG/CV/1144/2022.
The President of the Nigerian Institution of Surveyors, Dr Matthew O. Ibitoye, in a letter addressed to the Committee Chairman, stated that there were false allegations in the petition and that the issues raised therein by the States Surveyors General were pending before the Court of Appeal in Appeal Number CA/LAG/CV/1144/2022, between the Surveyor General of Lagos State and others versus Surv. Adaranijo Ibikunle Ganiyu Rafiu & others, urging the committee to treat the petition as sub judice.
It will be recalled that the Surveyors General of all the States of the federation in a petition dated July 28, 2023 and signed by the Surveyor General of Rivers State, Surv Noel D.C. Elenwo, on behalf of all the States Surveyors General, have urged the Nigerian Senate to stop the alleged amendments on policies and provisions of the SURCON Enabling Act/Rules and Regulations by the Surveyors Council of Nigeria (SURCON), alleging that such amendments would impact negatively on the Constitutional Powers of the Governors of States with regards to Land Administration and States Survey Laws.
They also claimed that such amendments would undermine their statutory functions and responsibilities of regulating private practice in their respective states; giving undue privileges to private practicing surveyors to practice unethically in the States; that the office of the Surveyor General of the Federation have been carrying out surveying and mapping within the States without recourse to the Surveyors General of the respective States, among other allegations.
In a swift reaction, some Surveyors General of the States denied knowledge of the petition, claiming that the Surveyor General of Rivers State acted for himself, without the knowledge or consent of the Forum of States Surveyor-Generals of Nigeria (FOSSGON).
The President, Nigerian Institution of Surveyors, Surv. Dr. Matthew O. Ibitoye further stated in his letter that all the issues raised on the SURCON Guidelines of 2020, the provisions of the 1999 Constitution of the Federal Republic of Nigeria and the SURCON Act, are subject to a pending appeal, in Appeal No.: CA/LAG/CV/1144/2022 between the Surveyor General of Lagos State and others against Surv. Adaranijo and others at the Court of Appeal, Lagos Division, following a judgment of Justice Daniel Osiagor of the Federal High Court, in Lagos.
“In order to respect the dignity of the court and the rule of law, we shall not delve into the issues raised in the Statutory provisions and all that concerns it, as it is Sub Judice. We also humbly urge this honourable committee to treat the issues as sub judice. For ease of reference, we have attached the judgment of the Federal High Court, Lagos; the ruling on the injunction pending appeal, the Notice of Appeal and the Appellant brief of Arguments in the case.”
He also stated that “the law is clear that in the hierarchy of laws, an Act of the National Assembly supersedes a subsidiary legislation made pursuant to the Act. The law is also very clear that a subsidiary legislation made pursuant to the main Act, must not run contrary to the main Act. It is a fact that the rules and regulations relied upon by the petitioners to have vested power in them runs contrary to the SURCON Act which vests ALL the power on Survey practice in Nigeria in SURCON only. See Section 4d of the SURCON Act, which vests in the Surveyors Council of Nigeria (SURCON), the power to regulate and control the practice of the surveying profession in all its ramifications in Nigeria.
“We vehemently oppose the petitioners’ submission that our members who are private practitioners are unethical professionals, who work with land grabbers to encroach on public land and sell same, without any evidence before this honourable chambers, to substantiate their claims.
“We need to state unequivocally, that the activities of our members as one of the regulated professionals in Nigeria, do not in any way tamper with the administrative powers of any constituted authority in Nigeria, as our members are law-abiding.”
In response to the allegation of award of contract against the current President of the Nigerian Institution of Surveyors who was sworn in on the 23rd of June 2023, he has not been awarded any contract from OSGOF. The President further confirmed that he is an academic, who is still in active lecturing job in a public institution.
It will be recalled that Justice Daniel Osiagor of the Federal High Court, Lagos in a judgement delivered in August 2022, held 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 the written consent of the Surveyor General of Lagos State before surveying any State land or land acquired by the Lagos State Government.
The plaintiffs led by Surv Adaranijo Ibikunle Ganiyu Rafiu had in December 2020 instituted an action at the Federal High Court, Lagos through their Counsel, Osaretin Ogbebor Esq, against the Surveyor General of Lagos State and other necessary parties, for violating the relevant statutes in respect of Survey practice in Lagos State.
In the well-contested case, the court affirmed that the Surveyors Council of Nigeria is the only body vested with the authority to regulate and control survey practice/profession throughout the Federal Republic of Nigeria.
Justice Osiagor held further that the Surveyors Council of Nigeria (SURCON) 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 and that the Surveyor General, of Lagos State being a member of SURCON, is bound to follow and apply the Guidelines for the Conduct of Survey Practice in Nigeria 2020, in Lagos State.
The court also held that the Surveyor General, of Lagos State lacks the power to deny the Plaintiffs or any Registered Surveyor consent to conduct a 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.
The decision of the Federal High Court, Lagos on the issues remains valid, pending the determination of the Appeal.
