F V. Lagos Island Local Government Council & Ors (2002)
LawGlobal-Hub Lead Judgment Report
OGUNTADE, J.C.A.
In suit No. M/118/97 before the Lagos High Court, the appellant as applicant brought an originating summons against the respondents praying for the determination of the following questions:
- Whether or not the 1st respondent has or enjoys any powers of authority pursuant to or under:
(a) Control of Advertisements (Lagos) Act, 1965.
(b) Control of Advertisement (Lagos) Bye-Law, 1991, to impose upon and/or demand the payment of or otherwise collect from the applicant advertisement fees as it purports to under exhibit A, attaching to these summons;
- Whether or not, the 1st respondent has or enjoys, any power or authority pursuant to or under Registration of Commercial Premises/Activities Bye-Law No.3 of 1991, to impose upon and/or demand the payment of or collect from the applicant the sums demanded under exhibit ‘B’ attaching herewith.
- Whether or not the 2nd respondent being a Magistrate sitting at Court 16 Tapa, Lagos, or any substitute thereof being of the same jurisdiction has any powers or enjoys jurisdiction to issue any summonses or try the applicant for any alleged criminal offences touching upon and concerning alleged breach of
(a) Control of Advertisements (Lagos) Act, 1965.
(b) Control of Advertisement (Lagos) Bye-Law, 1991.
(c) Registration of Commercial Premises/Activities Bye-Law No.3 of 1991, as it purports to do as per attaching criminal summons exhibits ‘C’ and ‘D’ respectively.
- Whether or not:
(a) Control of Advertisement (Lagos) Act, 1965.
(b) Control of Advertisement (Lagos) Bye-Law, 1991, are existing Laws and/or enforceable Laws in Lagos State.
The reliefs which the applicant sought from the court below were these:
(i) A declaration that the 1st respondent is wholly bereft of any authority or power to carry out or give effect to the demands contained in exhibits ‘A’ and ‘B’ attaching herewith.
(ii) An Order setting aside the said notices of demand;
(iii) A declaration that the 2nd respondent has neither power nor jurisdiction to summon or try the applicant as per the criminal summons attaching as exhibits ‘C’ and ‘D’ herein.
(iv) A DECLARATION that:
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