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Research 2.0
Research 2.0
The Federal High Court case Surveyor General of Lagos & 8 Ors v Surv
Adaranijo Ganiyu Rafiu & 8 Ors has garnered significant attention in recent
times due to the complex legal issues it encompasses. The primary focus of
this research is to delve into the doctrine of covering the field as it relates to
surveying, with a particular emphasis on the powers of Lagos State to
make laws concerning survey practice. Furthermore, we will explore how
the Surveyors Registration Council of Nigeria Act (SURCON Act) plays a
pivotal role in covering the entire field of surveying, thereby prohibiting
Lagos State from creating any laws about surveying.
This research, aims to analyze whether Lagos State can legitimately enact
laws regarding the surveying of government land in the state despite the
comprehensive coverage already provided by the SURCON Act.
Additionally, we will examine the potential inconsistencies and conflicts
that arise between the provisions of Section 5 of the survey law of Lagos
State and the SURCON Act.
The significance of this research lies in its potential implications for survey
practice and the governance of surveying activities within Lagos State.
Moreover, it offers an opportunity to explore the limits of state legislative
powers in Nigeria and the intricate balance between federal and state
regulations in the field of surveying.
By critically examining the record of appeal for the Federal High Court
case and undertaking comprehensive research on the aforementioned
materials, this essay aims to provide a comprehensive understanding of the
legal complexities and implications associated with the doctrine of
covering the field as it pertains to surveying and the powers of Lagos State.
Through persuasive arguments and careful analysis, this paper intends to
present a well-rounded and informed perspective on this critical legal
matter.
The Doctrine of Covering the Field: Discuss the concept of the doctrine
of covering the field and its application to surveying the powers of Lagos
State.
The doctrine of covering the field refers to the legal principle that when a
particular subject matter is regulated by a comprehensive law at the federal
level, the state governments are prohibited from enacting laws on that
same subject matter. This doctrine ensures uniformity and avoids conflicts
or inconsistencies in legislation. In the case of surveying powers in Lagos
State, the doctrine of covering the field becomes particularly relevant.
Lagos State, like any other state, is therefore prohibited from making any
law concerning surveying as the SURCON Act has adequately covered this
area. This prohibition is in line with the principles of the Exclusive and
Concurrent Legislative List of the 1999 Constitution, which delineates the
powers of the federal and state governments.
Due to the comprehensive nature of the SURCON Act, the survey law of
Lagos State, particularly section 5, may be deemed inconsistent and in
conflict with federal legislation. Section 5 of the survey law of Lagos State
could potentially create confusion, contradictions, and disharmony with
the SURCON Act, leading to complications in the implementation of
surveying practices.
The SURCON Act and its Coverage: Explore the provisions of the
Surveyors Registration Council of Nigeria Act (SURCON Act) and
explain how it covers the entire field of surveying, thus prohibiting
Lagos State from making any laws regarding the practice.
The SURCON Act and its Coverage: The provisions set forth by the
Surveyors Registration Council of Nigeria Act (SURCON Act) are designed
to comprehensively cover the entire field of surveying, thereby prohibiting
Lagos State from making any laws regarding the practice. This landmark
legislation was implemented to regulate the surveying profession in
Nigeria and promote its standardization across the country.
It is important to note that while the SURCON Act covers the entire field of
surveying in Nigeria, its scope extends beyond the boundaries of Lagos
State. This means that Lagos State, in particular, cannot make any laws
concerning the practice of surveying, be it on government or private land.
The provisions of the SURCON Act apply uniformly across the country,
leaving no room for individual states to intervene or assert their authority.
One aspect that warrants closer examination is whether Lagos State can
make laws concerning the surveying of government land within its
jurisdiction. It is important to note that while the SURCON Act prohibits
Lagos State from making laws regarding surveying, the Act primarily
focuses on private survey activities rather than surveying government-
owned properties. Therefore, there might be room for Lagos State to enact
legislation specifically pertaining to surveying government land within its
territorial boundaries, as long as it does not contradict or conflict with the
provisions of the SURCON Act.
The question of whether Lagos State has the authority to pass laws
concerning the surveying of government land within its jurisdiction is a
matter that requires a careful examination of relevant legal provisions. This
examination must take into account the exclusive and concurrent
legislative lists of the 1999 Constitution, as well as the provisions of section
5 of the survey law of Lagos State. Additionally, it is crucial to analyze
whether these provisions are inconsistent and in conflict with the
Surveyors Registration Council of Nigeria Act (SURCON Act).
To begin with, the doctrine of covering the field plays a significant role in
determining the powers of Lagos State to make laws regarding survey
practice. The notion of covering the field implies that when a federal law
exists on a particular subject matter, any state legislation in conflict with or
inconsistent with that federal law is deemed void. In the case of surveying,
it is essential to assess whether the SURCON Act covers the entire field of
surveying, thereby prohibiting Lagos State from making any laws
concerning surveying.
When considering the exclusive and concurrent legislative lists of the 1999
Constitution, it is important to note that matters related to the land survey
are within the exclusive legislative list, falling under the purview of the
federal government. However, concurrent jurisdiction allows both the
federal and state governments to legislate on the same subject matter. In
this case, surveying falls within this concurrent jurisdiction. Thus, Lagos
State does have the authority to pass laws concerning surveying within its
jurisdiction provided they do not conflict with or undermine the SURCON
Act.