Media Worth, an indigenous outdoor advertising firm which is seeking N1b damages from a multi-national, JC Decaux for hijacking its approved site has asked Justice Seidu of the Federal High Court to strike out the preliminary objections raised by the Lagos State Advertising Agency, LASAA.
LASAA, the regulator for outdoor industry in Lagos had argued in a preliminary objection that it cannot be sued before court because it has immunity under Public Officials Protection Act.
Media Worth counsel, Bolu Agbaje Akadri said, ” The point really is this, the second defendant is LASAA, which is the agency of the Lagos State Government. The third defendant is JC Decaux, it is actually filed a notice of preliminary objection.
“So, having realised that after filing their defence by LASAA that objection was not filed by third defendant, they now filed what is regarded as written address in support of what the third defendant filed.
“What I did was to draw the attention of the court to the fact that the second defendant a new preliminary objection, what they had done was to strengthen what the third defendant has filed. And our opposition is to what has been filed.
“What we have said simply is this, there are a number of issues involved in this application that was held today (yesterday). The first is LASAA which happens to be the agency of the Lagos State Government has filed an application under the Public Officials Protection Act by relying on Federal law. LASAA is not a Federal Government agency, they have actually come under wrong statue.
Because there is an equivalence of Public Officials Protection Act in Lagos State termed Public Officials Protection Law, that is the law they should have come under. That is the first error.
“Secondly, they have equally joined issues with us because when we received the notice of preliminary objection that officers of LASAA are protected by that Act. We said yes, it is true that public officials are protected under the law but that protection only inures in the benefit and advantage of public officials that acted within the bounds of the law, within the dictates of his office and in good conscience.
“Not acting against the law arbitrarily or turning the law against its head or on voyage of his own. That was what has happened in this case, the issue is very clear. There is a location that belonged to Federal Government; we are both ad idem (agreed) on that point. We wanted to use that land and went to them (LASAA) and were told that before our application will be entertained we should first go to the Federal Ministry of Works to get approval for the use of land.
The letter was from them (letter). The Federal Government gave us approval after paying the necessary fees. We then proceeded to LASAA and the land was given to us. As at the time LASAA was purportedly revoking our licence , yes it is taken for granted because they can suspend advertisement licence but they don’t have any rights over that land. So in giving that land to another party (JC Decaux )which is now the third defendant without recourse to us or the Federal Government has demonstrated in the evidence before the court.
The first defendant who the Federal Ministry of Works’ lawyer is told the court today (yesterday) they never granted any application to JC Decaux. In the defence they filed, they stated very clearly that the approval they granted to us (Media Worth) is still subsisting.
“ That is the illegality on the part of the second defendant. How can you give what does not belong to you to another person. There is a maxim in law that says you can’t place anything on nothing and expect it to stand. It will fall. That is exactly our point, you can’t give what you don’t have.
“So in essence, we have been able to show that to the court. When they now got our application, they amended their argument that by the authority of AG Lagos VS AG Federation , where the Supreme Court had said that in terms of physical planning and development it is only Lagos State has the rights to do that.
“The law doesn’t even say that it is only Lagos State Government. It is says there is nothing conferring exclusive power on either Federal Ministry of Works and other federal agencies including Federal Inland Waterways to grant approval exclusively without the collaborating agent from Lagos State Government.
What they are now claiming is that by that authority, Lagos State can appropriate the property of the Federal Government to anybody they like. I was trying to draw the attention of the court to the particular case and the court to go and read about four issues where Supreme Court ruled that the Acts that created these Federal Government agencies have given the powers over their properties in all states of the federation including Federal Ministry of Works. All the lands that belong to federal ministry of Works in Lagos State, they have exclusive power to decide what they want to do on them. And the Land Use Act empowers them to do so. You cannot say because the Land Use Act has given all the lands to the state so Lagos State Government can’t act arbitrarily. The law recognizes that there are specific portions of the lands given to the Federal Government. The issue is very narrow and we know the court will decide accordingly.
Arguing further that according to the guidelines of LASAA, the agency is required before entertaining any application for outdoor site, the consent of landlord on where the billboard will be erected must be sought and obtained. It is part of what they called pre-scrutiny check list under their rules and regulations.
In essence, before LASAA granted the purported approval to JC Decaux, they should have requested to know the landlord of that land, which is the Federal Government in the case.
Under the LASAA law, approval for the purpose of outdoor advertisement is granted to the owner of the land (Federal Government) if you are the landlord, the approval will be granted in your name so that they can hold the landlord responsible for any nuisance or issues on the premises.
Both of us have agreed that the portion of the land in question belongs to the Federal Government; they didn’t claim belongs to the state government. So, where did they get their approval from? That is executive rascality for them to have usurped the powers of the Federal Ministry of Works and then seek protection under Public Officials Protection Act when you have acted in bad faith and not in good conscience.
The matter has been adjourned to July 1, 2019 for further hearing
