A Lagos High Court on Tuesday directed all the PSP Waste Operators and the Lagos State Government to meet in order to resolve all the issues in controversy between them, so as to achieve the overall objective of a cleaner Lagos. The Honourable Justice Oyekan Abdullahi gave the directive after listening to counsel for the PSP operators, human rights activist, Ebun-Olu Adegboruwa, who chronicled the frustrations of the operators as that of investors who have spent time and money to partner with Lagos State for a cleaner Lagos, only to end up being dumped by the government for a preferred foreign investor. Mr Adegboruwa told the court that several letters have been written to the Governor, Mr Akinwunmi Ambode, to which they have not received any positive response, even though the operators are always open to dialogue.

Responding, Mr. S.A. Quadri, who represented Lagos State, countered the waste operators’ arguments by stating that the government was always open and ready to dialogue with them and that even as of yesterday, February 20, 2017, a meeting was to hold between them and the Honourable Commissioner for the Environment.

Having listened to all counsel, the judge directed all the parties and their counsel to meet urgently, with a view to discussing and resolving all pending issues. The judge noted further that it would seem that dirt and refuse heaps have found their ways back into the city again, to which the waste operators responded that even in the face of extreme provocation from the government, they have continued to perform their duties of waste collection and disposal, as at when due.

The judge stated that the laws establishing the court permits judges to encourage settlement of disputes between the parties, in consequence of which she directed the executive members of the waste collectors association to write their names and telephone numbers for Mr. Quadri, for onward transmission to those in charge. The case was then adjourned to March 9, 2017, for report of the meeting.

It will be recalled that the PSP Waste Operators had approached the court on January 17, 2017, to challenge the proposed new policy of the Lagos State Government, to bring foreign investors to take over waste collection and management in Lagos State. Amongst other reliefs, they were claiming from the court, the following reliefs:

(A) A DECLARATION that the Claimants as Private Sector Participants-Waste Operators, Stakeholders and Investors in Waste Collection, Transportation and Disposal Management in Lagos State, are entitled to collect, transport and dispose of Domestic solid waste in Lagos State.

(B) A DECLARATION the Claimants are entitled to remain and function as waste operators entitled to collect, transport and dispose of Domestic solid waste in all areas of Lagos State.

(C) A DECLARATION that the decision of the 1st-3rd Defendants to transfer, remove, eject, or in any other manner disturb or hinder the Claimants from collecting, transporting and disposing of Domestic solid waste in Lagos State is inequitable, arbitrary and inconsistent with the rights and obligations of the Claimants.

(D) A DECLARATION that the decision of the 1st-3rd Defendants to transfer, remove, eject or in any other manner disturb or hinder the Claimants from collecting, recouping and or managing directly the proceeds of domestic solid waste services rendered by the Claimants is inequitable, arbitrary and inconsistent with the rights and obligations of the Claimants.

(E) A DECLARATION that the decision of the 1st-3rd defendants to license one or two waste collector(s) solely as the operator(s) to collect and dispose Domestic solid waste in all areas of Lagos State is arbitrary and inconsistent with the rights and obligations of the Claimants.

(F) A DECLARATION that the 1st-3rd Defendants are not entitled to license, authorise or permit any person(s), body or organisation(s), especially and including the 4th-6th defendants, as the sole operators to collect Domestic solid waste in all areas of Lagos State.

(G) AN INJUNCTION restraining the 1st-3rd Defendants, their servants, officers or privies from authorising, licensing or permitting any person(s), body or organisation(s), especially and including the 4th-6th defendants, as the sole operators to collect Domestic solid waste in all areas of Lagos State, to the exclusion and detriment of the claimants.

(H) AN INJUNCTION restraining the 1st-3rd Defendants from transferring, removing, and or ejecting from the Claimants herein, the collection of proceeds of domestic waste services, rendered by the Claimants, being currently collected, recouped and/or managed directly by the Claimants.

(I) AN ORDER directing the 1st-3rd Defendants to continue working, relating, partnering with and recognising the Claimants as waste operators entitled to collect, transport and dispose of Domestic solid waste in all areas of Lagos State.

(J) AN INJUNCTION restraining the 1st-3rd defendants from terminating, cancelling, annulling or in any order manner jeopardising or determining the operations of the Claimants as Domestic solid waste operators in Lagos State.

(K) AN INJUNCTION restraining the 4th-6th defendants from taking over the collection, disposal and management of domestic solid waste in all areas of Lagos State.”

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