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B N W: Biafra Nigeria World News |
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Lagos opposes govt's order on use of federal roads
OPPOSITION came on Wednesday from the Lagos State Physical Development Authority (LSPDA) over the recent order by the Federal Ministry of Works that it is the only body that has the power to give approval for the use of federal roads.
In a statement by the LSPDA General Manager, Mr. Layi Raheem, it said the authority given to the Works Ministry constitutes a "flagrant and total disrespect for the law of the country".
The Federal Controller for Works in Lagos, Adedolapo Adeniji, said that processing of approval for the public to use highway setbacks, loops, pedestrian walkways and open spaces, was the prerogative of the Federal Ministry of Works.
Referring to a section of the decision of the Supreme Court's judgment on the case between the attorney-general of Lagos State and the attorney-general of the federation and others, Raheem said the decision by the Works Ministry is "ultra vires, null and void".
According to him, the issue of who is empowered to grant approvals, permits and licences for building and physical development in Lagos State, including under the bridges, loops and highway setbacks has been resolved in the aforementioned case, which favoured the state government.
"In that suit, the Supreme Court per Uwaifo J.S.C in the lead judgement granted prayer for four of the plaintiffs (Lagos government) among others, to wit: "A declaration that the grant of approvals, permits and licenses of the buildings and physical development in Lagos State including under bridges, loops and highway setbacks are the residual responsibility of the state".
Raheem, therefore, argued that the purported exclusive power to grant approval for the use of facilities on federal roads to any committee appointed by the Federal Ministry of Works or its agencies is unconstitutional, therefore, not binding on Lagos State government.
He said the expectation in the face of "unequivocal judgment" of the Supreme Court is that the minister for works and the controller of works would not seek to arrogate control of power to themselves in Lagos, since the proposed committee's duty has to do with development and control functions.
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