Court of Appeal Upholds Lagos State Signage Law

The Court of Appeal sitting in Lagos has affirmed that Lagos State structure for Signage and Advertising Agency Law No 9 of 2006 is constitutional and valid.

The Court delivered judgement in the matter, Appeal no CA/L/888/2012 between Bunjay Integrated Service and Attorney-General of Lagos State.

The applicant (Bunjay Integrated Service) had earlier prayed the State High Court for a declaration that the Lagos State structure for Signage and Advertising Agency Law No 9 of 2006 is illegal, null and void.

The applicant claimed that the law is unconstitutional to the extent of its inconsistency with Section 7 of the Constitution of the Federal Republic of Nigeria.

The Court of Appeal in its judgement held that the appeal is unmeritorious and it fails.

The Court dismissed the suit of the Appellant stating that the Lagos State structure for Signage and Advertising Agency Law No. 9 2006 is Legal and Constitutional

Justice Oke of the State High Court earlier ruled in favour of the Lagos State Government in its judgement delivered on 10th of July, 2012.

The State High Court held that the issue of advertising and signage are residual matters, hence the State House of Assembly can legislate on it.

Justice Oke, who dismissed the suit, stated that the Appellant’s vehicle qualifies as a structure in as much as it it’s “composed of parts purposely joined together.”

The applicant being dissatisfied with the Judgment proceeded to the Court of Appeal.

The Lagos State Government in its counter-affidavit at the lower court argued that the functions in the section of the 1999 Constitution are not made exclusive to the Local Government Council.

The Lagos State Government argued that a vehicle is a form of structure and placing signs and adverts on it will attract requisites fees under the enabling law.

About the Lagos State Structure for Signage and Advertisement Agency, Law 2006 (as amended):

SECTION 20: Registration Permits

1. Every outdoor structure owned by a corporate entity shall be registered by its owner.
2. Such owner shall provide his registration number as a reference with application for a permit.
3. The information required for the outdoor structure and the application thereon are incorporated within the Schedules to this law.
4. Every registered outdoor shall have a registration code provided by the Agency.
5. No structure shall be erected without having its registration code being duly sealed or mounted on it.
6. The following structure shall require registration:
   1. Structures for free-standing portable signs including any sign on a standard, column or A-frame board fixed to its own self-contained base which may be moved manually or temporarily attached to a permanent free-standing sign;
   2. Structures for billboards including any signage structure designed and intended to provide a leasing advertising copy area where the copy can be periodically replaced, typically by the use of pre-printed copy pasted or otherwise mounted onto the copy area;
   3. Structures for billboards of the Spectacular’ type, that is those with over 20square metres of area;
   4. Structures for roof sign including any sign which is entirely upon and above the roofline or parapet of a building.
   5. Structures for a wall sign including any sign painted or posted on a wall;
   6. Structures for furniture or statue type of sign including structures, kiosk supporting outdoor signage;and
   7. Structures for temporary signs including any permitted, designed or intended to be displayed for a short period of time.
7. Any such sign shall be recorded using the form and the attachment referred to in the Schedules to this law.
8. The permit required by the agency shall be issued upon the payment of the prescribed fees, and shall be renewed annually.
9. Each structure shall bear, at its base the registration number of the owners as well as the permit number of the structures.

SECTION 25: Requirement to Register as Owner of a Structure:

“It shall be unlawful for any person to erect, construct, enlarge or structurally modify an outdoor structure or operate any structure or signage or advertisement without first being registered by the Agency”

SECTION27: Existing Outdoor Structures:

1. Owners and operators of existing structures shall complete and submit the prescribed pre-scrutiny and application forms with the Agency and apply for the permits required by this Law.
2. Where a structure which existed before this Law is not registered within a period of one month following the enactment of this Law, the Agency shall, with or without notice as it deems fit, direct the removal of same at the expense of the owner.
3. All existing structures which do not conform with the requirements of this Law shall be demolished at the expense of the owner.