Surveyor General’s Approval is ILLEGAL – Surveyor (Mrs) F.H Fakorede, NIS Chairman, Ondo State Chapter.

Host – Hello good morning and welcome to the program YOUR NEIGHBORHOOD AND YOU today, who we have here in the studio is not a stranger because she has been here before and she’s back to shed more light on a deeper level on land use and things related to eour environment.
In the studio also is no other person than our sponsor Tpl Ogunseyi Ayodele Joseph, glad to have you on the program this morning.
Sponsor – Comfort, good morning, how are you?
Host – I’m very well thank you. And of course, our beautiful guest here, Surveyor (Mrs) Fumilola Helen Fakorede FNIS, glad to have you on the program this morning ma.
Guest – Good morning Comfort, how are you?
Host – I am very well thank you, it’s a pleasure bringing you back. So how was Poland?
Guest – well, we enjoyed Poland, it was a little bit colder but it’s a good place to be.
Host – Before we proceed, let’s get to know more about our guest. Surv. (Mrs.) Funmilola Helen Fakorede was born about 55 years ago into Ayodele family of Akure. She is a seasoned Surveyor of almost 20 years in private practice. She is the 1st female Registered Surveyor in Ondo State and the 1st woman to privately practice the profession of Surveying in Ondo State. She is the 1st and only female Surveyor from Ondo State to be invested a Fellow of Nigerian Institution of Surveyors. She is presently the Chairman of Nigerian Institution of Surveyors in Ondo State. She is happily married with children and a grandchild. Ladies and gentlemen, join me as I welcome her to the studio once again
Guest – Thank you very much Comfort, I bring greetings to our listeners at home and my dear brother the town planner, it’s a pleasure to be here.
Sponsor – Welcome back home madam, you just returned from 27th Federation of Int’l Surveyors Conference in Warsaw, Poland with the theme: Volunteering for the future – Geospatial excellence for a better living. Keynote during session 2 talked about Urban – rural linkages. Most discussed issue in urbanization is relationship between urban and rural areas. Policies upon policies on how to deal with rural-urban migration, but none seems to be perfectly working. Is there any new solution from this conference?
Guest – You see, part of the sub-theme of the congress, is rural-urban linkage. It was well deliberated because it affects the 3rd world nations, majorly African countries. When we talk about rural areas, the way we see it in this side of the country is different from the way they see it in the western world. 10 years ago I was in Belgium and we were to leave Brussels to a village to visit somebody, so I was thinking that I was going to a place like Oda or Itaogbolu but when we got there, there is light, traffic lights and everything. I now asked my host, “you said this place is a village?’’ She said “yes”, I asked about characteristics of a village, she said “this is a linear settlement, here you don’t have big malls, only small shopping outlets and other things, that’s why we refer to it as a village” but in Nigeria, a village is far from that. So, at the congress this year, we tried to reach some points that, you know the FIG is an NGO, so we are to serve in an advisory capacity to our government, so, the position of FIG this year is to advice our governments to depart from developing the cities alone, they should go back to the rural areas and develop them so that this migration from the rural to the urban areas will be limited. You see in Nigeria, maybe directly or indirectly, they have been doing that. Like when you site an institution in a rural area like you have in Akungba in Ondo state, you have such in Ire, Osun state. All these towns are not urban areas but these institutions were sited there and because of this, you see that banks follow to the area. Before you know it, other development follows, like eateries etc and by doing that, at least the town get developed. So, the position of FIG is that lets bring jobs to the people in rural areas, instead of bringing people to jobs, you take jobs to the people in rural areas. If the people in the rural areas have good jobs, good roads, lights, they don’t have reasons to move to the urban areas and the urban areas will have breathing spaces.
Host – Alright, thank you very much there. Just before we move to another question, we have feedback from the last time you came on this program, Mr Deji from Oke Aro asked; if a surveyor does not submit the record copy after 30 days, what can a client do?
Guest – I appreciate Mr Deji for that question. As I said earlier in the previous program, it is the duty of a surveyor to submit the record copy of any survey he/she produces within 30 days but there are genuine situations where the surveyor may not be able to submit. In such a situation, the client should first of all make a formal request to that surveyor that he needs evidence because the record copy is not for his (client) consumption. It is for the surveyor to submit to the office of Surveyor-General but client can ask for evidence of submission. If the surveyor failed to do that, let the person write to the chairman, Nigerian Institution of Surveyors in Ondo state, it is our duty to compel such a surveyor and we have our ways of dealing with our members.
Sponsor – Is there any phone number that people can call? You know, if you look at our people in the rural areas, they don’t know how to write but almost everyone has a phone
Guest – I am the chairman as at today, I represent the institution in Ondo state and I have been receiving messages from people. I give out my number 08033595173.
Host – Moving on to the next question here, Fake survey plans. Some survey plans, when you check the coordinates, one leg can be in Akure here and another one will land you in Akungba Akoko, what is NIS doing about fake survey plan?
Guest – Fake survey plan is different from survey plan that is in error. If you have error in coordinates, the survey may not be fake but the survey is in error. There are admissible errors we can accommodate when producing a survey, it doesn’t make it a fake. A fake survey is a survey produced by a non-surveyor. A fake survey is a survey that is produced by a surveyor who duplicates beacon numbers. A survey in error can be corrected.
Sponsor – Have you ever come across a survey that was signed with your signature but the signature is not from you?
Guest – For me, no. A lot of things are responsible for people to forge your signature. The onus also falls on the surveyors, it depends on how you practice. If you don’t encourage people under you, your signature may not be forged but I have not witnessed it but I have seen surveyor’s signatures being forged. We have seen surveyor’s seal being forged, so it do happen.
Host – At that point, how do you know the original from the fake? Because we still have some persons who still carry on the normal plan or job with the fake surveyor’s seal and all that. How do you intend to curtail this, because it keeps happening?
Guest – first of, we hold our members tight because out of every bad survey, you may see an element of a registered surveyor being directly or indirectly involved. As a body, we have our ways of curtailing ourselves, we have the ethics committee, if you are found wanting, you may have to pay through your nose if care is not taken and if we know that you have gone beyond what we can handle here, the case will be referred to Surveyors Council of Nigeria who has the legal power to withdraw registration. We have never had that in Ondo state but it has happened in other states. For fake surveys, what we are doing as a body is public enlightenment. If you are observant, when you see a fake survey, you will know. Today, a survey cost 80,000 for non-prime areas and 100,000 in prime areas, somebody will tell you bring 50,000. I use to tell people, if you think survey is expensive, try a fake one then you will know. So, if somebody charges you a ridiculous amount, you have to think twice. Ordinarily, when you hold a real survey, you will know and that’s why the office of the Surveyor General is open, you can go there with your survey and make enquiries, they will tell you if your survey is genuine or not. The office of our Institution is also open to people to come and make enquiries, reports whatever you don’t feel too comfortable with about our activities.
Sponsor – Thank you very much, you made mention of Surveyor General and I want to let you know that Justice Daniel Osiagor on August 2, 2022 delivered a judgment in Lagos that:
The Surveyor-General of Lagos State lacks the power to deny any registered surveyor consent to survey any parcel of land in Lagos State (whether owned by the state government, corporate bodies or private individuals).
Guest – In fact, that judgment is a landmark not only for Lagos but to the profession of surveying in Nigeria. This law of Lagos has been existing since 1980s, until these few surveyors just took it upon themselves, that no we can’t continue with this because the act that established the Surveyors Council of Nigeria supersedes the state law, you know the law of the state cannot override that of the country. The law that establishes the Surveyor Council of Nigeria has said that surveyors can practice anywhere in the country, it doesn’t matter if it’s government land or not. At times, the state enact laws and we just follow them dogmatically, maybe for the sake of peace and us having jobs but we call these people that went to court our heroes in surveying profession in Nigeria because people have suffered for a very long time.
Now, in Lagos state according to that law, if you want to enter into government land, you need to take permission from the Surveyor General, it shouldn’t be like that. As a surveyor, you can take me to anywhere to carry out your survey. Not all surveys are about titles and the survey does not determine that you’re the owner of a land, it is only a competent court that can determine who is the owner of a land. Then why did you say a surveyor should not go and you know in Lagos, they also put some of their surveyors to be working in those places. The landmark judgment is also a lesson to all of us in Nigeria that if you see anything wrong in what the government is doing, don’t hesitate to take the government up and you might get redress in the court.
Host – Alright, thank you very much. The judgment says Surveyor General lacks that power to reject copies of survey plans submitted by a registered surveyor for lodgment. What can you say about this?
Guest – The last time, I passively talked about the surveyor general’s approval. I know in Ondo state we will get to that. This is also telling you that the Surveyor General did not have any power to put signature on any survey produced by a registered surveyor. It is against the law but we are trying to see how we can do things in Ondo state without getting cross with the government. It is against the law for the surveyor General to reject any survey being lodged with him so far, the survey is not erroneous and it satisfy all the conditions of a cadastral survey plan, he does not have that right according to the law.
Host – Just before our sponsor ask you his question, you did mention pricing the other time. Like 80,000 for non-prime areas and 100,000 for prime areas, I want to ask, is it like a uniform price?
Guest – When you see our scale of fee, we say minimum cost of survey. At times, we can have jobs in areas that are difficult to enter like the riverine areas, even the general scale of fees of Nigerian Institution of Surveyors give all these, that is residual areas where you have thick forest, you multiply by this factor. Areas that are not accessible, where you have to cross rivers and so on, you multiply by this factor, so at times it may vary, that’s why the NIS in Ondo state make that price as the minimum cost of survey. Surveyors can charge higher depending on the areas they are to survey.
Sponsor – Lets go back to the Surveyor General’s approval, can we just say that Surveyor General’s approval is illegal? Yes or No
Guest – I will say yes. ‘Yes’, you see, Surveyor General’s approval is the same as counter signature. That is, you already have the signature of a surveyor and the Surveyor General is now signing again. At the point where the surveyor has signed and finished his work, that survey is a legal tender. Our people over the years wants more assurance, it use to be like that but the law was repelled since 1970. In Ondo State, the surveyors are trying to see how we can manage the situation, it has been on. And it’s a means of generating income to the government and no government will open its eyes and allow you take their revenue away. So, we are still working with the office of Surveyor General to see how we can tactically redress it.
Sponsor – If Surveyor General approval is illegal, why is it that after 10 years we need to revalidate our survey plan? Because if Surveyor General approval is on it, you don’t need to revalidate it.
Guest – No, you need to. When you have a survey like 10 years ago and maybe then the road was a proposed road, after 10 years, the road might have been an existing road, there must have been structures on that land, so if you want to do anything with that survey, you need to update the survey. It is because of development, not because of Surveyor General’s approval or not.
Host – Thank you so much. Just before we go, what can you say to Nigerians that are listening to us at this time in regards to land matters.
Guest – I will tell Nigerians to approach professionals for things that relates to their land. It is safer and better to approach professionals. When you acquire your land, make sure you have a survey, make sure you approach a town planner for the design and approval.
Sponsor – Before we allow you to go, is there any steps that NIS is taking in Ondo state concerning this judgment?
Guest – The judgment is for all of us in Nigeria, just hold on. When you have a judgment like this, we have surveyors that are lawyers in Ondo state. We have been studying and discussing it and very soon we are going to have a workshop. These are part of the things that we are going to discuss and see how we will also implement it in Ondo state.
Sponsor – Hope NIS has sent letter to the Surveyor General about this judgment, just to inform him?
Guest – The Lagos state government has appealed the judgement; I am aware of it. But everyone is aware of the judgment. You know Surveyors Council of Nigeria was joined in that case and all Surveyor Generals in this country are part of it, so they are aware.
Host – Alright, on that note, we call it a wrap on today’s edition of the program. We say a big thank you to you ma
Guest – Thank you comfort
Host – Also a big thank you to our sponsor, what do you have to say to our listeners?
Sponsor– Thank you comfort, we will see them next week with another guest.