Eminent lawyer and human rights activist, Ebun-Olu Adegboruwa, who is the counsel to the Association of Waste Managers, consisting of all the 350 Private Sector Participants (PSP), who are the operators of domestic and commercial wastes in Lagos State, has written to the Lagos State House of Assembly of the need to step down on the proposed law on waste collection and disposal in Lagos State.

In a Pre-Action Notice dated February 8, 2017, Mr. Adegboruwa cautioned the Lagos State House of Assembly on the proposed law which seeks to hand over waste management and collection to some foreign investors. He maintained that under section 7(5) and Paragraph 1 (h) of the 1999 Constitution, the only the local government has the responsibility for waste and refuse collection and disposal and that it will be manifestly illegal, for the Lagos State Government 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.

The reliefs to be claimed in the new suit are as follows:

1. A DECLARATION, that under and by virtue of the Constitution of the Federal Republic of Nigeria, 1999, the administration, control, regulation and maintenance of sewage and refuse collection and disposal, are for the local government councils of Lagos State.

2. A DECLARATION, that the management, control and administration of refuse, sewage and waste disposal inclusive of all other incidental and ancillary matters to waste disposal is a constitutional function solely vested in the Local Government Councils and can only be performed by the Local Government Councils in the States.

3. A DECLARATION, that the Lagos State House of Assembly cannot make a law that will place, vest and empower the 1st respondent with the control, regulation and administration of refuse and waste disposal in all areas of Lagos State, an item that is within the exclusive preserve of the Local Government Councils of Lagos State pursuant to section 7(5) and paragraph 1(H) to the 4TH Schedule of the 1999 Constitution of the Federal Republic of Nigeria.

4. A DECLARATION that the Lagos State House of Assembly cannot make a law that will divest the respective Local Government Councils in Lagos State of the constitutional powers, duties and functions to provide and maintain waste and refuse disposal.

5. A DECLARATION, that the Lagos State House of 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.

6. A DECLARATION, that any law made by Lagos State House of Assembly that seeks to empower the 1st respondent or any of its agency, privies and/ or private organization in any manner whatsoever and howsoever to control, regulate and administer refuse, sewage and waste disposal in all areas of Lagos State, an item that is within the exclusive preserve of the Local Government Councils of Lagos State pursuant to section 7(5) and paragraph 1(H) to the 4th schedule of the 1999 constitution of the Federal Republic of Nigeria in any manner whatsoever is illegal and unconstitutional and is therefore null and void of no legal effect.

7. AN ORDER nullifying, voiding and annulling the existing policy administration, management, control and regulation of wastes, sewage and refuse disposal in Lagos State, illegally enacted and implemented by the 1st-3rd defendant.

8. AN ORDER directing the 1st-3rd intending defendants to forthwith comply with section 7(5) and Paragraph 1(H) of the Fourth Schedule to the Constitution of the Federal Republic of Nigeria, by vesting the control, management, operation and regulation of all wastes and refuse in Lagos State, to the Local Government Councils of Lagos State.

9. AN INJUNCTION restraining the 1st intending defendant through the 3rd intending defendant, from enacting any law to regulate the collection, disposal and management of waste, sewage and refuse in Lagos State in such a way that will violate the Constitution of the Federal Republic of Nigeria, 1999.

10. PERPETUAL INJUNCTION, restraining the 1st-3rd intending defendants from violating, deviating from or in any other manner defying the provisions of Paragraph H of the Fourth Schedule to the Constitution of the Federal Republic of Nigeria, 1999 through their existing or proposed environmental bill on the operation, management and regulation of all wastes, sewage and refuse in Lagos State.”

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