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PSP operators lose bid to restrain Lagos from engaging other waste managers

PSP operators lose bid to restrain Lagos from engaging other waste managers
June 25
15:14 2017

The Lagos state high court on Friday turned down the prayer of the Incorporated Trustees of Association of Waste Managers in Nigeria (PSP operators), seeking to restrain the state government from engaging any other entity to carry out domestic waste collection in the state.

The court held that it was premature to consider applications that will determine the substance of the suit, subsequently making an order for accelerated hearing of the matter.

The counsel to the 4th and 5th defendants, Visionscape Group & Visionscape Sanitation Solution, 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 argument between the counsel to the PSP operators and the 4th and 5th defendants. Thus, the court stood down the matter in order to restore calm.

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At the resumed hearing, counsel to the PSP operators made an oral request for the status quo to be maintained.

Also, he prayed that the state government should be restrained from engaging any other person to take over domestic waste collection in Lagos.

S.A. Quadri, lead counsel to Lagos government, said the contracts between the PSP operators and the state government had since expired at different times, the latest being in November 2016.

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Quadri explained that sequel to the expiration of the contract, the government in December 2016, entered into a contract with another Nigerian company to carry out domestic waste collection in the state.

Quadri said the expired transactions between Lagos and the PSP operators were not sustainable as the government was bleeding cash, whereas the newly engaged contractor would deploy its funds and equipment to achieve the Cleaner Lagos Initiative.

He added that it was a cost-saving measure for the government.

“The new company will be utilising their funds and employing modern technology of comparable standard with the one utilised in developed countries, to carry out domestic waste collection,” he said.

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Quadri also argued that even if the agreements between the government and the PSP operators were subsisting, the government had the right to terminate the agreements.

The counsel to the 4th and 5th defendants said government invited the PSP operators for re-certification and more than 90% of them had complied, making the suit an academic exercise.

After listening to the counsels, the judge ruled that the trial would commence on October 3.

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