PSP operators ’ll still be used for waste collection, Lagos govt tells court

A Lagos High Court, on Friday, in a suit commenced by the Incorporated Trustees of Association of Waste Managers in Nigeria (PSP operators), refused to issue any restraining order prayed by the PSP operators seeking to restrain the Lagos State government from engaging another entity to carry out domestic waste collection in the state.

The court also held that it is premature to consider applications that would determine the substance of the suit.

Consequently, the court gave an order for accelerated hearing of the matter for four consecutive days in October 2017 for trial.

Counsel for the fourth and fifth defendants (Visionscape Group & Visionscape Sanitation Solution), also informed the court about his motion for leave of the court to file another counter affidavit.

This was, however, objected by the counsel for the PSP operators, resulting in a heated debate between the counsel to the PSP operators and the fourth and fifth defendants.

At the resumption of hearing, counsel for the PSP operators made an oral request to the court that the order status quo be maintained.

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

In opposing the application by PSP operators, Mr S.A. Quadri, lead counsel to Lagos State government, stated that the contracts between the PSP operators and the Lagos State government had since expired at different times, the latest being in November 2016.

Sequel to the expiration of the contract, the Lagos State in December 2016, entered into a contract with another Nigerian company to engage in domestic waste collection in the state.

He further stated that the company would be utilising their funds, and employing modern technology comparable with what is in use in developed countries to carry out domestic waste collection in Lagos State.

Quadri stated that the expired transactions between Lagos State and the PSP operators were not sustainable as the government was bleeding cash, whereas, the new contractors engaged are bringing funds and equipment to achieve the Cleaner Lagos Initiative, adding that it is cost-effective measure for the state government.

He noted that the Lagos State government was not oblivious of the business concerns and livelihood of the PSP operators, adding that it had therefore made adequate provisions for them. He said they would handle commercial waste disposal in Lagos State.

Counsel for the fourth and fifth defendants argued that the Lagos State government had invited the PSP operators for recertification, adding that more than 90 per cent of them had complied, thus, making the suit an academic exercise.

The PSP operators, however, are insisting the Lagos State government should continue to engage them for domestic waste collection notwithstanding the expiration of the contract between them and the Lagos State government.

It was also argued that even if the agreements between Lagos State government and the PSP operators were subsisting, the government has the right to terminate the agreements pursuant to the termination clauses therein.

The case has been adjourned till October 3.