Land Use Charge Law 2018: NGO drags Lagos State Government to Court

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A Non Governmental Organization The EiE Project has sued the Lagos State Government over the new Land Use Charge Law 2018.

The suit which was brought by Originating Summons seeks the Court’s interpretation of the provisions of item 1(j) Fourth Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) on the exclusive functions of the local governments to assess, levy and collect tenement rate  and declare same inconsistent with the provision of sections 3, 5 and 6 of the Land Use Charge Law 2018 of Lagos state.

Also joined in the suit filed today at the registry of the High Court, Lagos are the Attorney General of Lagos State and the Lagos House of Assembly.

The Applicant also seeks the interpretation and construction of section 7(5) and item 1(j) Fourth Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) on the exclusive functions of the local governments to assess, levy and collect tenement rate and whether by virtue of the said provisions, the Lagos State House of Assembly sued as the 3rd Respondent can validly pass the Land Use Charge Law 2018 on the assessment, levying and collection of tenement rate.

The Applicant on the basis of the above sought both declarative and injunctive reliefs including  a declaration that the Lagos State House of Assembly lacks powers to make/pass the Land Use Charge Law 2018 which contains provisions on the constitutionally exclusive functions of the local governments to assess, levy and collect tenement rates as well as a perpetual order of injunction restraining the Lagos State Government from giving effect to the provisions of sections 3, 5 and 6 of the Land Use Charge Law 2018 of Lagos state.

The suit has not been assigned to a court.

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