Introduction

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 essay 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 pertaining to surveying.

In this research, we aim to analyze whether Lagos State can legitimately

enact laws regarding 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.

To undertake this analysis, it is important to consider various essential

materials, including the Exclusive and Concurrent legislative lists of the
1999 Constitution, the SURCON Act, and the Survey Law of Lagos State.
By thoroughly examining these legal frameworks, we will shed light on the
intricate legal landscape surrounding surveying practices in Lagos State.

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, it is our intent 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 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.

Surveying, being a crucial aspect of land administration, requires adequate

regulation to ensure accuracy, fairness, and compliance with professional
standards. In Nigeria, the Surveyors Registration Council of Nigeria Act
(SURCON Act) serves as the overarching legislation that governs all
matters relating to survey practice nationwide. This Act comprehensively
covers the entire field of surveying, leaving no room for individual states to
enact laws on survey practice.

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 clearly
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 the 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.

However, it is important to note that while Lagos State may be restricted in

making laws concerning surveying, this limitation applies primarily to
private lands. The state still retains the power to legislate on surveying of
government lands within its jurisdiction. This allows Lagos State to
exercise control over surveying practices on its own land, while adhering
to the standards and regulations set forth by the SURCON Act.
In conclusion, the doctrine of covering the field clearly establishes that the
SURCON Act covers the entire field of surveying, thereby prohibiting
Lagos State from enacting laws concerning survey practice. However,
Lagos State can still legislate on surveying of government lands within its
jurisdiction. Section 5 of the survey law of Lagos State may be inconsistent
and in conflict with the SURCON Act, potentially leading to complications
in surveying practices. It is crucial for harmonization and adherence to the
federal legislation to ensure uniformity and efficiency in surveying
activities within Lagos State.

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.

The SURCON Act serves as a paramount authority governing surveying

activities within Nigeria. It establishes the Surveyors Registration Council
of Nigeria (SURCON) as the regulatory body responsible for the
registration, training, and licensing of surveyors. By doing so, it effectively
ensures that all surveying operations adhere to the highest professional
standards and ethics.

By virtue of its overarching coverage, the SURCON Act supersedes any

local legislation enacted by Lagos State or any other state within Nigeria.
This means that within the field of surveying, Lagos State is explicitly
prohibited from making any laws that may contradict or undermine the
provisions set forth in the SURCON Act.

The intention behind this prohibition is to avoid any inconsistency or

conflicts that may arise from differing regulations across states within
Nigeria. It prevents the fragmentation of the surveying profession and
ensures that the practice remains uniform and consistent nationwide. By
centralizing the authority to regulate surveying through the SURCON Act,
the government strives to maintain high standards, protect the public
interest, and provide a level playing field for all surveyors practicing in
Nigeria.

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 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 of government-
owned properties. Therefore, there might be room for Lagos State to enact
legislation specifically pertaining to surveying of government land within
its territorial boundaries, as long as it does not contradict or conflict with
the provisions of the SURCON Act.

However, it is essential to analyze the specific provisions of section 5 of the

survey law of Lagos State to determine whether it is inconsistent or in
conflict with the SURCON Act. Any inconsistencies or conflicts that may
arise could pose significant legal challenges and potentially undermine the
centralized authority and uniformity established by the SURCON Act.

Additionally, the SURCON Act, as the primary legislation governing

surveying in Nigeria, effectively covers the entire field of surveying,
leaving no room for Lagos State to enact laws regarding the practice. While
there might be a possibility for Lagos State to legislate on surveying of
government land within its jurisdiction, ensuring consistency and avoiding
conflict with the SURCON Act is essential. It is imperative that the
provisions of section 5 of the survey law of Lagos State are carefully
analyzed to determine whether they align with the overall intent and
purpose of the SURCON Act.
Legality of Lagos State's Surveying Laws: Examine whether Lagos State
can pass laws concerning surveying of government land within its
jurisdiction, taking 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. Analyze whether the provisions are
inconsistent and in conflict with the SURCON Act.

Legality of Lagos State's Surveying Laws:

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
over surveying, thereby prohibiting Lagos State from making any laws
concerning surveying.

The SURCON Act, which establishes the Surveyors Registration Council of

Nigeria, was enacted to regulate and control the surveying profession in
Nigeria. This legislation aims to ensure uniformity and professionalism in
the practice of surveying throughout the country. Consequently, it can be
argued that the SURCON Act covers the whole field over surveying,
thereby limiting the power of Lagos State to make any laws concerning
survey practices that may conflict with or undermine the provisions of the
federal legislation.

Furthermore, the provisions of section 5 of the survey law of Lagos State

must be thoroughly scrutinized to determine whether they are inconsistent
and in conflict with the SURCON Act. Section 5 of the survey law of Lagos
State defines the powers and functions of the Surveyor General of Lagos
State, including the surveying of government land within the state's
jurisdiction. However, if these powers and functions prescribed by the
survey law of Lagos State overlap or contradict the provisions of the
SURCON Act, there would be a clear inconsistency.

When considering the exclusive and concurrent legislative lists of the 1999
Constitution, it is important to note that matters related to 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.

In conclusion, upon examining the doctrine of covering the field, the

provisions of the SURCON Act, and the survey law of Lagos State, it
becomes evident that Lagos State's authority to make laws concerning
surveying of government land is limited. The SURCON Act covers the
whole field over surveying, thus prohibiting Lagos State from passing any
laws that conflict with this federal legislation. However, Lagos State does
have the autonomy to legislate on surveying matters within its jurisdiction
as long as these laws do not contradict or undermine the provisions of the
SURCON Act. It is crucial for Lagos State to ensure that its surveying laws
remain consistent with the federal legislation while exercising its legislative
powers effectively.