A Lagos-based lawyer, Ebun-Olu Adegboruwa, has issued a pre-action notice to the Lagos State House of Assembly, on the need to step down proposed law on waste collection and disposal in the state.
Adegboruwa is counsel to the Association of Waste Managers, consisting of all 350 Private Sector Participants (PSP), who are the operators of domestic and commercial wastes in Lagos State.
In a Pre-Action Notice dated Feb. 8, Adegboruwa cautioned the assembly on the proposed law, which he said seeks to hand over waste management and collection to some foreign investors.
He maintained that by the provisions of section 7(5) and 1 (h) of the 1999 Constitution, only the Local Government had the responsibility for waste and refuse collection and disposal.
Adegboruwa is counsel to the Association of Waste Managers, consisting of all 350 Private Sector Participants (PSP), who are the operators of domestic and commercial wastes in Lagos State.
In a Pre-Action Notice dated Feb. 8, Adegboruwa cautioned the assembly on the proposed law, which he said seeks to hand over waste management and collection to some foreign investors.
He maintained that by the provisions of section 7(5) and 1 (h) of the 1999 Constitution, only the Local Government had the responsibility for waste and refuse collection and disposal.
Adegboruwa argued that it would be manifestly illegal, for the state to usurp the constitutional powers of the Local Governments, through the proposed law.
He then indicated his intention to go to court to challenge the said law, if and when it is eventually passed.
According to Adegboruwa, the reliefs to be claimed in the new suit are as follows:
“A declaration, that by virtue of the 1999 Constitution, the administration, control, regulation and maintenance of sewage and refuse collection and disposal, are for the local government Areas of Lagos State.
“A declaration that the management, control and administration of sewage and waste disposal inclusive of all other incidental and ancillary matters to waste disposal, is a constitutional function solely vested in the Local Governments.
“A declaration, that the State’s Assembly cannot make a law that will vest and empower the intending defendant, with the control, regulation and administration of refuse and waste disposal in all areas of the state.
“A declaration that the Assembly cannot make any law that will divest the respective Local Governments in Lagos State of its constitutional powers, duties and functions to maintain waste and refuse disposal.
“A declaration, that the Assembly cannot make laws that is inconsistent with the provisions of section 7(5) and paragraph 1(H) to the 4th Schedule of the 1999 Constitution of the Federal Republic of Nigeria.
“An order nullifying the existing policy administration, management, control and regulation of wastes, sewage and refuse disposal in Lagos State, illegally enacted and implemented by the intending defendants.
“An order, directing the intending defendants to forthwith comply with section 7(5) and Paragraph 1(H) of the Fourth Schedule to the Constitution, by vesting control of all wastes in the state, to the Local Governments.
“An injunction, restraining the intending defendants from enacting any law to regulate the collection and management of waste, sewage and refuse in the State in such a way that will violate the Constitution of Nigeria.
“An order of perpetual injunction, restraining the intending defendants from deviating from or defying the provisions of Paragraph H of the Fourth Schedule to the Constitution, through their proposed environmental bill on the operation of all wastes in the State. (NAN)