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A Lagos State High Court has refused to issue any restraining order against the state government over engagement of any other entity to carry out domestic waste collection in the state.
The court also held that it was premature to consider applications that would determine the substance of the suit instituted by the Incorporated Trustees of Association of Waste Managers in Nigeria (PSP operators).
However, the court made an order for accelerated hearing of the matter.
Counsel to the fourth and fifth defendants in the case (Visionscape Group and Visionscape Sanitation Solution) had informed the court of his motion for leave to file a further counter-affidavit, which was objected to by the counsel to the PSP operators. This led to a heated debate between the counsel to the PSP operators and the fourth and fifth defendants.
At the resumed hearing, counsel to the PSP operators asked the court for an order that the status quo be maintained. Also, he prayed that the Lagos State government be restrained from engaging any other person to take over domestic waste collection.
In opposing the application by PSP operators, Mr. S.A. Quadri, lead counsel to Lagos State government, stated that the contracts between the aforesaid PSP operators and the Lagos State government had since expired at different times, with the latest being November 2016.
He said sequel to the expiration of the aforesaid contract, the Lagos State Government, in December 2016, entered into a contract with another Nigerian company to carry out domestic waste collection in the state.
He further stated that aforesaid company would be utilising their funds and employing modern technology of comparable standard with the one utilised in developed countries to carry out domestic waste collection.
Quadri stated that the expired transactions between Lagos State and the PSP operators were not sustainable, as the government was losing cash. Whereas, the new contractors were bringing funds and equipment to achieve the Cleaner Lagos Initiative.
He said the Lagos State government was also not oblivious of the business concerns and livelihood of the PSP operators and had made adequate provision for them.
“They are meant to handle commercial waste disposal in Lagos State,” he said.
In his argument, counsel to the 4th and 5th Defendants further stated that the Lagos State government had invited the PSP operators for recertification and more than 90 per cent of them had complied. Thus, making the suit an academic exercise.
Notwithstanding the expiration of the contract between the Lagos State government and the PSP operators, they want the government to continue to engage them for domestic waste collection by force.
Trial will commence in the matter on October 3, 2017, pursuant to the order for accelerated hearing made by the court.
