UAC Of Nigeria Plc & Ors V. Attorney General Of Lagos State & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL ADAMU GALINJE, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of Mrs. Oke, J. of the High Court of Lagos State which was delivered on the 22nd of September, 2008. By an originating summons dated 14th of September, 2007, the 1 Appellants had raised some questions for determination by the lower Court and had in addition made sundry claims against the Respondents.

After a thorough consideration of the questions and the claims aforesaid, the lower Court found no merit in both and therefore dismissed the claims. These questions and claims are found at pages 2-6 of the record of this appeal. They are hereunder reproduced as follows:-

“1. Whether the Lagos State House of Assembly can prescribe for the Local Governments in Lagos State, functions that derogate from, or lesser or fewer than those prescribed by the 1999 Constitution in its section 7(5) and spelt out in the 4th Schedule to the 1999 Constitution?

2. Whether the functions of controlling and regulating outdoor advertising and hoarding can be carried out concurrently by the Local Government Councils in Lagos State on one hand and the Lagos State Signage and Advertisement Agency on the other and, if not, which one take precedence?

3. Whether the Lagos State Structures for signage and advertisement permits in Lagos State?

4. Whether the Lagos State Structures, for Signage and Advertisement Law 2006 being “a Law to provide for the regulation of outdoor structures for the display of signage, hoarding and advertisement in Lagos State and for connected purposes” conflicts with section 36(j)(i) of the Local Government (Administration) Law 1999 read together with section 7(5) paragraph (1)(k)(i) of the 4th Schedule to the 1999 Constitution and, if so, which of the two prevails?

5. Whether the Lagos State Signage and Advertisement Agency can control and regulate as well as issue demand notices for and receive payments for signage and advertisement permits in Lagos State?

6. Whether the 2nd and 3rd Defendants can validly enact “a Law to provide for the regulation of outdoor structures for the display of signage, hoarding and advertisement in Lagos State and for connected purposes” as they did through the enactment of the Lagos State Structures for Signage and Advertisement Law 2006?

7. Whether the 4th-23rd Defendants can validly enter into any memorandum of understanding or any other form of arrangement by which they can empower or delegate the power to control or regulate outdoor advertising and hoarding or transfer the power to collect revenue in respect of signage and advertisement to the Lagos State Government or any agency of, or any person appointed, nominated or selected by the Lagos State Government?

8. Whether the Lagos State Government, acting through its agents or otherwise, can demolish or forcibly remove the claimant’s structures for signage and advertisement?

AND FURTHER TAKE NOTICE that the Claimants are seeking the following reliefs:

1. A DECLARATION that by virtue of section 7 subsection (1) and (5) of the Constitution of the Federal Republic of Nigeria 1999, the Lagos State Government is required to enact a law conferring on the Local Government Councils in the State all the functions specified in the Fourth Schedule to the Constitution, and specifically the control and regulation of among others outdoor advertising and hoarding.

2. A DECLARATION that the Lagos State Government can neither make any law to derogate from the functions of Local Governments specified in the Fourth Schedule to the Constitution nor confer on such Local Governments in the State functions that are less than those specified in the Fourth Schedule to the Constitution.