Environmental Health Officers Registration Council Of Nigeria V. Lagos State Waste Management Authority & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

S. D. BAGE. J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of Achibong J. of the Federal High Court, Lagos Division delivered on the 22nd of March, 2010.

The Background facts of the case is as follows:-

The Appellant is a body established pursuant to the Environmental Health Officers (Registration, etc) Act No. 11 of 2002; an Act of the National Assembly of Nigeria. The Appellant was purportedly established under the said Act with powers to register, regulate and standardize the practice of the profession of Environmental Health Officers and Environmental Health Service Providers in Nigeria.

The 1st Respondent is an Authority established pursuant to the Lagos Waste Management Authority Law No. 5 of 2007, a law of the Lagos State House of Assembly with the following functions among others.

(a) “clean street, remove, collect and dispose of domestic, commercial and industrial waste.”

(b) “remove and dispose of abandoned and scrapped vehicles”

(e) “approve and monitor all waste disposal systems in the state.”

(g) “issue, renew and revoke license of private waste collectors.”

The Respondent in exercise of its power pursuant to the Enabling Law engaged the 2nd – 5th Respondents as waste collectors.

By an Originating Summons dated 8th June, 2009 and filed on 7th July, 2009 the Appellant sought for the determination of the following questions at the trial court, to wit.

1. Whether by the provisions of the Environmental Health Officers (Registration, etc) Act No. 11 of 2002, the plaintiff has the sole duty and responsibility of registering and licensing Environmental Health Service Providers and to regulate and standardize the practice of the profession in Nigeria.
2. Whether the appointment and grant of license to the 2nd – 5th Defendants and others practicing as Environmental Health Service Providers in Lagos State by the 1st Defendant without prior registration and license of the 2nd – 5th Defendants and others with the plaintiff is not a breach of the provisions of Section 16(1) of the Environmental Health Officers (Registration, etc) Act No. 11 of 2002 and the National Environmental Health Practice Regulations 2007 made there under.
3. Whether by the combined effect of the Environmental Health Officers (Regulation etc) Act No. 11 of 2002 and the National Environment Health Practice Regulations 2007, the Plaintiff is obliged to require the 1st Defendant to ensure that the 2nd – 5th Defendants and others are duly licensed, and registered in the register of members kept with the plaintiff as persons and companies which are qualified to engaged in the business of commercial waste collection and disposal in Lagos State.
4. Whether S.9(1) of the Lagos State Waste Management Authority Law No. 5 Laws of Lagos State 2007 is not inconsistent with S.16(1) of the Environmental Health officers Registration etc) Act No.11 of 2002 and Ss.15, 16(1) & 19(1) & (2) of the National Environmental Health Practice Regulations 2007.

In the said originating summons, the Appellant claimed the following Reliefs against the respondents.

1. A declaration that the plaintiff by virtue of the Environmental Health Officers (Registration etc) Act No. 11 of 2002 and the National Environmental Health Practice Regulations 2007 made there under has the duty and responsibility to register and license Environmental Health Service Providers before commencing the business of waste collection and disposal in any part of Nigeria including Lagos State.
2. A declaration that the grant of license to the 2nd – 5th Defendants to Practice as Environmental Health service providers in Lagos state without the 2nd – 5th Defendants prior registration with the grant of license by the plaintiff is inconsistent with the provisions of the Environmental Health Officers (Registration etc) Act No. 11 of 2002 and the National Environmental Health Practice Regulations of 2007 made there under and thereby void.
3. A declaration that the 2nd – 5th Defendants and others practicing, as Environmental Health Service Providers in Lagos State are under a duty to register with and be granted license by the plaintiff before they can engage in the business of commercial waste collection and disposal in compliance with the Provisions of Environmental Health Officers (Regulations etc) Act No. 11 of 2002 and the National Environmental Health Practice regulations, 2007 made there under.
4. A declaration that S.9(7) of Lagos State Waste Management Authority Law No. 5 of the Laws of Lagos State 2007 is inconsistent with S.16(1) of the Environmental Health Officers (Registration etc) Act No. 11 of 2002 and Ss. 16(1) and 19(1) & (2) of the National Environmental Health Practice Regulations 2007 made there under to the extent that it does not require prior registration with and grant of license by the plaintiff to the 2nd – 5th Defendants and others before engaging in the business of commercial waste collection and disposal in Lagos State.
5. A declaration that the license already granted the 2nd – 5th Defendants and the 1st Defendant to engage in the business of commercial waste collection and disposal in Lagos State without prior registration with the plaintiff is null and void and of no effect.
6. An order of this Honorable court compelling the 2nd – 5th Defendants and other persons or companies practicing as Environmental Health Service Providers in Lagos state to register and be licensed by the plaintiff forthwith.
7. An order of injunction restraining the 1st Defendants either by herself or though her agent or privies from engaging and licensed persons or companies who are not registered and licensed by the plaintiff to practice the business of commercial waste collection and disposal in Lagos State.

The said originating summons was supported with a 20 paragraphs affidavit deposed to by Mr. Andy Ukah. There were 9 Exhibits attached to the affidavit in support of the Summons marked exhibits A, B, C, D, F, H, I.

The Respondents jointly filed on 23rd November, 2009 a Defence and counter-claim dated 10th day of November, 2009. The Defence and counter claim were supported with an affidavit of a 9 paragraphs deposed to by one Ganiyu Olanrewaju Rufai. In the Respondents’ counter claim, the Respondents posited two (2) questions for determination and sought 6 Reliefs. There was also a counter – Affidavit of 6 paragraphs deposed to on 23rd November, 2009 by one Adepitan Adegboyega on behalf of the respondents.