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Suicide law: When the dead is guilty

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Stigma, criminalisation not deterring suicide

JOHN CHIKEZIE x-rays prevalent cases of suicide in the country and blames the law for the upsurge

 

Stories of people committing suicide have now become an end to a means among the young and the middleaged in the country, especially in a city like Lagos where the hustle and bustle have tremendous effects on the mental state of residents. In 2017, the numerous shocking and alarming media reports of people taking their own lives appeared to have created an awareness in the mind of every Nigerian but what most folks didn’t know is that attempting to kill oneself is illegal and an offence against the state.

The alarm was raised when the sad and disturbing case of a 33-year-old medical doctor, Allwell Orji, who jumped into the lagoon from the Lagos Third Mainland Bridge, was reported on March 19, 2017. The deceased, who was being driven by his driver in a Sport Utility Vehicle (SUV) with registration number LND 476 EE about 4:50p.m., was receiving a call when he suddenly asked his driver to park. According to the driver, the doctor asked him to pull over, came out of the vehicle and jumped into the lagoon.

His body was recovered two days later. But there was uproar on social media when a 51-year-old textile dealer at Balogun Market, Titilayo Momoh, was arraigned before an Ebute Meta Chief Magistrates’ Court on April 24, 2017 for attempting to jump into the lagoon on the Third Mainland Bridge. Momoh, who pleaded not guilty, was arraigned on a charge of attempting to commit suicide.

The prosecutor, Kehinde Omisakin, said that the accused committed the offence on March 24 about 10a.m. contrary to Section 233 of the Criminal Law of Lagos State 2015. Omisakin said the businesswoman was prevented by security operatives from taking her own life. It was further learnt that the accused had been having sleepless nights since she was allegedly swindled of N18.7 million by a Bureau-de-Change operator sometime in 2015. However, upon her arrest, Momoh pleaded with the Lagos State government to pardon her actions on the claim that the weight of her debt pushed her into the act.

Although Momoh was granted bail by Chief Magistrate A. T. Elias in the sum of N500,000 with two responsible sureties in like sum, government later withdrew the case from the court. The judge directed that the woman be taken to a psychiatric hospital for evaluation.

Momoh’s attempted suicide and her subsequent arraignment brought to light Section 327 of the Criminal Code Act, Chapter 77 Laws of the Federation of Nigeria, 1990, which stipulates that any person who attempts to kill himself is liable to imprisonment for one year, as many people were not even aware that such a law exists.

Looking into the implication of the suicide law as against successful suicides, is a pathetic story of a 42-year-old wielder, Wasiu Alowonle, who killed himself by jumping off a Lagos courtroom window on December 6, 2017; simply out of frustration.

Alowonle was accused of stealing an iron rod worth N40,000 and arraigned before Mrs. O. I. Raji of an Ogba Chief Magistrates’ Court. The prosecuting officer, Yumi Egunjobi, said the deceased was earlier arraigned on October 16 on a one-count charge of stealing and had been in custody at Kirikiri Prisons.

Egunjobi said the deceased was arraigned on December 6 for his trial to commence but no one could explain what made him jump off the window. However, a security guard, who witnessed the incident and pleaded anonymity, told New Telegraph that the deceased was manipulated by a spiritual force to commit suicide as he was already looking pale and frustrated when he was brought in by prison warders for trial. He said: “Although people claimed he killed himself out of frustration from prison officials’ treatment.

But I cannot believe that the man was in his right senses because it sounds ridiculous to say that it was an attempt to escape through a three-storey. Escape from a tall building through the window; that is impossible! “I believe that he was compelled by a spiritual force to kill himself. His action was not ordinary especially for someone who has been locked up in Kirikiri for months. He was wearing a white T-shirt, written ‘Fly Emirate,’ and a pair of blue jeans when he was led into the witness box for trial. “But for one reason or the other, the magistrate stood down the matter. He left the box and sat with other defendants on the front row of the court, close to the window.

“I was told he was meant to pay N40,000 to the man he allegedly stole from. But barely a few minutes after the next case was announced, the deceased pushed the other defendant beside him and ran towards the window.

“Before the prison guards could grab him, he had already jumped off and landed on the floor with his head. He died on the spot because his head was badly smashed while his right hand was fractured.” Hence, the worrisome question stuttering on the lips of everyone was what would have been Alowole’s punishment had he survived the suicide attempt?

 

Would the prosecutor have amended the previous charge to accommodate his attempted suicide? Or would he be re-arraigned on a fresh count of suicide? Another related incident is the case of a 31-year-old man, Hammed Olojo, who was arrested by the police on August 27, 2017 while attempting to jump into the Lagos lagoon in a bid to commit suicide but was quickly restrained. Olojo was prevented from taking his own life and charged before an Ebute Metta Magistrates’ Court, Lagos.

The prosecuting officer, Kehinde Olatunde, said Olojo, who pleaded not guilty, was charged on a one-count charge of attempted suicide contrary to Section 235 of the Criminal Law of Lagos State, 2015.

He was also granted bail by Magistrate O. O. A. Fowowe-Erusiafe in the sum of N50,000 with two sureties in like sum and the matter was thereafter adjourned till November 16, 2017 for mention.

 

Late last year, Lagos State Commissioner of Police, Imohimi Edgal, directed the prosecution of a member of staff of China Construction Company of Nigeria Limited (CCCN), Mr. Folarin Odukoya, for attempted suicide. Odukoya allegedly attempted to take his own life about 11p.m. on December 17 by jumping into the lagoon near the Ebute Ero Jetty but was rescued by divers and handed over to the Ebute Ero Divisional Police.

 

However, when interrogated, Odukoya claimed he decided to kill himself because his employer allegedly refused to issue him a document he believed would augment his career. Nigeria, despite being ranked as sixth happiest country in Africa and 103rd in the world on March 20, 2017, according to World Happiness Report 2017, has witnessed more suicides than happy endings.

The giant of Africa, well known for its agility in business and perseverance despite economic hardship, recorded a large number of shocking attempted and completed suicides in 2017 than any other year since its history. However, according to a report made available by the Sustainable Development Solutions Network (SDSN), a global initiative launched by the United Nations, Nigerians were ranked sixth happiest people in Africa despite the country’s challenging economic recession.

According to the SDSN Director and Special Advisor to the United Nations Secretary-General, Jeffrey Sachs, the happy countries refer to those with a healthy balance of prosperity in terms of social capital; like acquiring a high degree of trust in the society, low inequality measure and confidence in the government.

 

According to Sachs, the rankings of happiest countries are based on six essential factors such as per capital gross domestic product, healthy life expectancy, freedom, generosity, social support and absence of corruption in government or business.

 

Unfortunately, such happy records soon became a pale shadow when Nigeria, from being one of the happiest people, sunk into the rank of the most depressed country in Africa, according to the World Health Organisation (WHO) reports on April 7, 2017. Barely a month after ranking as one of the happiest on earth, WHO arrived at a conclusion that Nigeria has 7,079,815 people suffering from depression, about 3.9 per cent of the population.

 

The figures were released in a report ahead of the World Health Day (WHD) entitled; “Depression and Other Common Mental Disorders: Global Health Estimates.” According to the report, “4,894,557 Nigerians, which is 2.7 per cent of the population, suffer anxiety disorders. Depression is the leading cause of disabilities worldwide, and a major contributor to the overall global burden of disease. “Depression can lead to suicide, which is the second leading cause of death in people aged 15 – 29 globally. Consequently, the condition can lead to more suicide cases in the country.

 

“Nigerians are the most depressed in Africa because, since the number of persons with common mental disorders globally is going up, particularly in lower-income countries, the population is rapidly growing and more people are living to the age when depression and anxiety most commonly occur”.

 

A suicide attempt is often described as an act where a person tries to commit suicide but survives. Hence, most suicide attempts, in some countries, are often based on a terminal or chronic illness. The alarming rate of suicides in the world has varied in several countries while its sanctions still remains a greatly debated concept.

 

The law against suicide has reigned since antiquity and is believed to have emanated from a religious doctrine which claims that God is the sole determinant for the death of humans (meaning that God has the legal right to determine who and when a person should die).

 

According to the tales, especially in ancient Athens, persons who deliberately killed themselves were denied the honours of a normal burial. At the time, the punishment for anyone who commits suicide without an approval from the state entails that the person would be buried alone without a headstone or marker, on the outskirt of the town or city. Sometimes, the family of the deceased would be stripped off their belongings and handed over to the state.

 

Suicide, also referred as selfmurder, within the religious and moral objections, was a mortal sin in the eyes of the church and also a crime under the common law in England in the mid-13th Century. However, before the enactment of the Suicide Act 1961, an act of the Parliament of the United Kingdom, it was a crime to commit suicide, and anyone who attempted and failed could be prosecuted and jailed. Even the families of those who succeeded were equally not left unpunished but could also face prosecution.

 

The 1961 Suicide Act, however, decriminalised the act of suicide in England and Wales to enable people who failed while attempting to kill themselves escape prosecution.

 

Although the states abolished the penalties imposed by the common law (property forfeiture and humiliating burial), it was solely to spare the innocent families and not to legitimise the act. Recent studies on criminal codes of several countries around the world revealed that while most western countries decriminalised suicide acts, suicide attempts still remain a criminal offence in most Islamic countries. In Africa, where the legality or criminality of suicide attempts are mostly deduced from moral standards and religious tenets, several countries like Angola, Botswana, Cameroon, Egypt, Eritrea, South Africa, Zambia and Zimbabwe still legalise both attempted and completed suicide.

 

But in stark contrast, others like Ghana, Kenya, Nigeria, South Sudan, Tanzania and Uganda enforce stringent punishments for offenders. Unlike in Japan where suicide is considered illegal but not punishable, offenders in Nigeria are not left unpunished but are arrested and charged to court for prosecution.

 

However, self-induced deaths have no judicial penalties, but suicide attempts still remain a criminal offence in Nigeria. Section 327 of the Criminal Code Act, Chapter 77, Laws of the Federation of Nigeria, 1990 stipulates a one year imprisonment sentence for offenders. While Section 235 of the Criminal law ChC17 vol.3 Laws of Lagos State, 2015, prescribes a hospitalisation order for an accused.

The same chapter of the Criminal Code also criminalises aiding suicide; Section 326 states that any person who procures, counsels, induces another in killing himself is guilty of a felony and is liable to imprisonment for life. The implications of these laws interpret that anyone who attempts to harm his/her body, under any circumstance, shall be treated as a criminal and duly prosecuted.

 

Hence, anyone guilty of the offence shall face same treatment similar to an awaiting trial or convicted criminal like a murderer, an armed robber or kidnapper etc. Doctor speaks According to Dr. R. A. Adebayo, a former Acting Medical Director of the Federal Neuro-Psychiatric Hospital, Yaba, Lagos, suicide occurs when an individual wilfully or deliberately attempts to end his life and eventually succeeds; while a failed attempt, whether by strangulation, hanging on a rope, taking a poisonous substance or jumping into a lagoon, is called deliberate self-harm (DSH).

 

Adebayo, who is also a clinical psychologist and consultant psychiatrist, said that suicidal acts should not be treated as criminal cases but as an abnormal mental disorder since 80 per cent of the indulged victims suffer from depression.

 

While advocating the decriminalisation of suicide attempts, the doctor said that suicidal patients were being admitted into the Federal Neuro-Psychiatric Hospital on a weekly basis but because the society decided to criminalise it, people barely heard of the reported cases. Adebayo maintained that suicide patients should not be tagged as criminals but as patients or victims who need to be accessed and medically examined.

 

According to him, what suicide patients need is an intensive medical care for their condition and not prosecution or a prison sentence. He said: “We should never criminalise suicide acts expect those who attack others through bombing.

 

Suicidal victims need treatment and not prisons because they are diseased. It would be inhuman to jail people with mental disorders since their condition is a pathological process. “It’s high time we de-stigmatised mental disorders. Hauling people with mental disorders into prisons would never solve their problems rather the Federal Government should provide more opportunities for treatment.

 

Prison sentence should only serve as punishment to suicide bombers whose intentions are to harm others in the process of taking their own lives. “There are medical factors which induce suicide such as: substance abuse (otherwise called drug addiction), epilepsy, terminal or chronic medical conditions like cancer, stroke and schizophrenia.

 

“Other non-medical causes of suicide include tough financial debt or condition; honour killings common in Japan and Middle East countries (a situation where someone, whose guilt and shame over an offence committed, kills himself in order to honour or cleanse the disgrace he brought to the image of his family); and suicide attacks in the Islamic states like Boko Haram.

 

“All these causes of suicide are induced by depression, aside suicide attack which is an element of religious indoctrination. But, on the contrary, suicide is a medical issue and not a criminal act as pointed by the law.

“A successful suicide victim cannot be prosecuted by the law since the person is dead already but the one who attempts cannot also be reported as a result of the fear of being stigmatised, tagged as a criminal and charged to court.

 

It is certain that more than 15 per cent of suicide attempts won’t be reported. “This, however, makes suicide attempts under reported or shrouded in secrecy. In this hospital, I have witnessed several cases of deliberate self-harm (DSH) patients especially those with schizophrenia. Schizophrenia is a major psychotic disorder where a patient claims to hear strange voices. This condition is also referred to as auditory hallucination.

 

“According to patients who suffer from this condition, these strange voices tell them to kill or harm themselves. Some of them adhere to that instruction while the lucky ones run into hiding or seek help. There are cases of patients who heard voices and thereafter jumped from a storey building or into a lagoon.

 

“There was a peculiar case of an epileptic patient who got tired of her condition and decided to end it by jumping into the lagoon. She jumped from the Third Mainland Bridge but fortunately she was rescued. Another lady also jumped into the same lagoon after hearing strange voices but she was rescued as well.

 

“Now, in the eyes of the law, these ladies have attempted suicide, but medically we call it a DSH. This is because when the cause of such behaviour is examined, we realise that depression or the strange voices prompted the act.”

Adebayo also explained that after the rescue, rehabilitation, and recovery from such illness, some of these patients eventually come to terms with the damage the illness has done in their lives and might still attempt suicide. He said: “Some of them may not want to continue or brace up with life simply because of shame or guilty.

 

Some might be ashamed of the things they experienced during the illness or the pain or harm they might have caused either to themselves or their families. So in order not to live with the trauma incurred by that illness, they wilfully choose to kill themselves. This realisation is called post schizophrenic depression.

 

“There are certain determinants to aid in identifying a suicidal person like previous at- tempts of harming self, family history of depression and child abuse (especially among teenagers)”. Lawyers speak A legal luminary, Prof Itse Sagay, SAN, said that the basic argument by most people is that if a person succeeds in the act of suicide, then he cannot be punished. But if he fails and is punished, then it sounds unreasonable. Hence, they imply that the person who fails is the one who gets punishment and not the one who succeeds in the act.

 

Sagay said: “I think that the purpose of that law is to serve as deterrent; to discourage a person from taking his/her own life. But the reason I agree with those who say it should be removed from our law books is that it doesn’t really act as deterrent. This is because a person who wants to kill himself is determined to succeed even though he may fail. So, he has no fear whatsoever. “It’s only after he fails that he realises that he could be punished.

But when he embarked on it, his mind was totally made up and firm that nothing else follows. “So, I think that the position of our law on suicide is unreasonable and there’s no justification for enforcing it. Instead, we should have a more robust provision for monitoring people, for tackling psychological problems, in order to discourage people from even desiring to commit suicide and not when the person fails.”

A human rights activist and Director of Access to justice, Joseph Otteh, who also shared same thoughts with the learned SAN, said that “the criminalisation of suicide in our laws is an incident of both our colonial experience as well as, ironically, our slow pace of reassessing the expediency or relevance of inherited colonial laws”. Otteh also called for a review of the suicide law.

He said: “The retention of the offence of suicide in federal statutes possibly hearkens to the fact that there has never been any systematic effort to review wholly, federal penal legislation since Independence from Britain. What has happens mostly are piece meal reviews, additions and few subtractions, leaving the body of colonial laws substantially intact?

“The Lagos position is a lot more thoughtful, sensible and realistic and offers a compassionate physiological and legal response to the problem. It regards attempting suicide as a possible mental health problem, and offers care in dealing with it.

“This is the way the problem should be addressed. It unwarps and unloads the historical political baggage associated with the criminalisation of suicide, and focuses on the needs of the person attempting it rather than perpetuating the flawed historical reasons associated with its use some centuries ago.

“In that era, criminalising suicide was seen to reflect the anger felt by the state at the use of suicide as a form of political defiance of its authority.

The countries where this began have abolished it as an offence, so why should we blindly continue to enforce it?” But Chief Gani Adetola-Kazeem, SAN, disagreed with anyone calling for the review of the suicide law while arguing that, “should people be permitted to willingly take their own lives?”

He said: “I don’t think there is any sufficient reason for someone to take his own life or be permitted to do so. We all have faith in God Almighty who gives life and has the ability to take it. “The point is, in principle, whether it involves taking one’s own life or that of another person, a believer must remember that he has not the power to give life and therefore has no responsibility in taking life. “It’s not for an individual to decide on terminating his or another person’s life. Even if it involves a terminal illness, they should be helped to get out of it and not encouraged to annihilate themselves.

“If there is a medical condition that warrants euthanasia or assisted induced deaths, which of course is not allowed, but generally, the health practitioners should know what to do in order to pacify or ease the pains affecting such a person.

“Aside those who commit suicide out of frustration, depression and medical challenges, there are those who also do same after committing a crime because they feel the best way to escape punishment is to take their own lives. Would you also say that such suicide is right? “I don’t support suicide neither do I think it is right to decriminalise attempted suicide.

I think that the law against attempted suicide should stand just like the law that makes manslaughter and murder a crime. I stand in support of the law against attempted suicide as a believer and not just as a lawyer”. Also speaking in favour of the law, Yusuf Ali, SAN, said he is in full support of the law against attempted suicide.

He said: “I support the law because it’s not right for a man to take what doesn’t belong to him. Life wasn’t created by man so why should he wilfully take it? “Attempting is what the law punishes since those who succeed are never alive to face prosecution. I do not support any form or type of suicide.” The reality of suicide seems to be catching up with other criminal counterparts like murder and manslaughter, but its stringent punishment to impede further actions remains a questionable approach.

If hospitals are built for the sick in order to aid health challenges and prisons serve as rehabilitation centres and reorientation facilities for lawbreakers and offenders; what happens when a mentally impaired person, instead of being taken to a psychiatric home, is arrested, prosecuted and jailed on the premise of an uncoordinated insanity? How do we punish someone who sees suicide as the fastest way or solution of putting an end to a life’s threatening challenge?

These are obviously questions begging for answers in view of the Federal Government’s reviewing of the law on suicide and its implications.

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Exposed! Nigeria’s Deputy Speaker in N1.1bn water contract scam

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Communities cry over shoddy projects

 

After about four months of investigations, New Telegraph’s reporter, MOJEED ALABI, exposes the corrupt practices in the execution of controversial N1.7 billion mini-water schemes in three communities in Osun State by members of the National Assembly, including the Deputy Speaker, Hon. Lasun Yusuff

 

On Friday, January 5, the sun was fierce and scorching in Ife-Odan, a nascent community in the West Senatorial District of Osun State.

Ileri-Oluwa Oloyede, an SS 2 student of Faith Foundation College, Ife-Odan, had just returned from market where she had helped her mother in her palm oil business. But the 16-year-old girl still had one more chore to do; to fetch water for the urgent need of the household.

Considering the stress she had gone through at the market, Ileri-Oluwa’s parents advised her to wait till sundown. But the longer she waited, the more difficult her chances of getting water became and the longer it would take the family to prepare dinner.

“If I wait for the sun to go down, many more people will be at the well, and that would worsen the situation. And if the crowd becomes uncontrollable, the landlord may lock his gate and drive us out,” she said.

Thus, while the sun was yet to finally recede, Ileri-Oluwa and her younger sister, Florence, hit the road for a three-kilometre trek in search of clean water at the nearest well.

It is the same story for Michael Adeoba, who was also on the road, almost at the same time, with his father’s motorcycle to fetch water into some 20-litre jerrycans.

Adeoba, who had battled to get the motorcycle started, apparently due to some mechanical faults, decided to push it to a nearby mechanic workshop for a quick fix before going for the water.

He said: “This is what I go through every other day. Whenever I am on holiday, I always dread this experience. In fact, it is more of punishment than chore.”

The experiences of both Ileri-Oluwa and Adeoba reflect the pains and pangs of the people of Ife-Odan in their efforts to access clean water.

The situation is similar in many communities in the agrarian state, particularly during dry season when many wells and streams are dried up and public water supply is scarce due largely to poor electricity supply.

Addressing this perennial challenge was the concern of 12 parliamentarians, who represented the state in the National Assembly between 2011 and 2015, comprising three senators and nine House of Representatives’ members.

The federal lawmakers, who were elected on the platform of the defunct Action Congress of Nigeria (ACN) before the party merged with others to form the ruling All Progressives Congress (APC), had pursued common agenda, apparently towards fulfilling their party’s campaign promises.

One of them and now the Chief Whip of the eighth Senate, Prof. Sola Adeyeye, representing Osun Central Senatorial District, told New Telegraph that the senators and the nine members of the green chamber had agreed to facilitate the execution of joint projects in the state, through the National Assembly’s Zonal Intervention Projects (ZIP), otherwise known as “constituency projects.”

Therefore, when the 2012 budget was being prepared in 2011, they agreed to jointly facilitate the construction of a mini-water scheme in each senatorial district.

But Adeyeye’s original plan for his district, he claimed, was the reconstruction of the narrow Ojutu Bridge in Ilobu, headquarters of Irepodun Local Government Area. However, this position was overruled by Governor Rauf Aregbesola, “who said we should do water.”

“But none of us could singlehandedly fix water, so we decided to have three mini-water schemes across the three senatorial districts,” Adeyeye added.

After a careful study, Ife-Odan was chosen as the beneficiary community in Osun West; Ipetu-Ijesha in Osun East, and Ila-Orangun in Osun Central Senatorial District, for the construction of the mini-water schemes.

As captured in the 2012 Appropriation Act and contained in the South West Geo-Political Zone Mapping of Capital Projects by the National Assembly Budget and Research Office (NABRO), a total sum of N1,666,666,668 was budgeted for the projects at the rate of N555,555,556 for each.

But according to Ogun-Oshun River Basin Development Authority (OORBDA), the contract supervising agency, it eventually awarded the Ife-Odan scheme at the sum of N538,412,653.06; Ila-Orangun at the rate of N539,128,429.13 while N541,193,861.23 was approved for Ipetu-Ijesha project. Thus the new total sum released for the project stood at N1,618,734,943.47.

There was also additional budgetary allocation of N100 million each for the three mini-water schemes in the 2013 budget proposal but there was no evidence that the money was released.

Projects excite communities

When the beneficiary communities received the news of their selection for the location of the projects, they heaved a sigh of relief that potable water would no longer be a luxury.

According to the Risapetu and Regent of Ipetu-Ijesha, High Chief Ayodele Olayinka, some government representatives had approached the community’s palace on a Sunday in 2012, and demanded a parcel of land for the location of the project.

“We told them to wait till Monday but they insisted they needed to start that same Monday. Though Kabiyesi was still alive then, he was already very old. So, with two other chiefs, we  went there, and gave them the site. We were very elated and anxious to see the project commenced,” the chief explained.

He said true to their words, the contractor resumed to the location on the appointed Monday and began with the clearing of the bush.

“We were then visiting the site on a regular basis, at least, to show solidarity and support,” the chief added.

The experience was more exciting in Ife-Odan, where the government’s dam, created many years ago from Sekunrebete stream, which supplies water to the community and its environs, had been facing a series of challenges, including theft of its generator.

According to an officer of the state Water Corporation and the dam’s Superintendent Officer, Mr. Adeyemi Oyekola, who reluctantly spoke to New Telegraph, apart from the power issue, the dam was enough to serve the community.

He said: “In fact, there is no point bringing up a new water scheme. What this place needs is just a good generator, and repair of some of the machines and the reticulation networks, then, the community will be good for it.

“The major challenge here is power because the voltage is always low and cannot power the pumping machines.”

Thus, the desire to see the water scarcity problem addressed and the prospect of job opportunities at the site for the youth of the community inspired a farmer, Mr. Azeez Moradesa, to donate about four plots of land for the project.

The parcel of land is part of Moradesa’s inheritance and located beside his house at Araromi area of the town, which is less than two kilometres to the crisis-ridden dam.

He said: “So when they started the construction, I was employed as the security guard by the contractor. They were paying me N20,000 every month.”

Similarly, a former student of the Osun State College of Education, Ila-Orangun, AbdulKadir Oladosu, who was in year one when the construction work started at the Ila-Orangun site in 2012, said the students, in particular, were excited, “due to the suffering we were going through to get water.”

Inauguration of uncompleted projects

Five years after the projects were initiated, in February 2017, the Ogun-Osun River Basin Development Authority (OORBDA), having allegedly certified the contractors for jobs well done, held a symbolic inauguration at the Ila-Orangun plant, and handed them over to the Osun State government, through its water corporation.

Though, the inauguration took place at Ila-Orangun, the documents and keys to the other two projects were also handed over to the state government. Thus, by this handover, New Telegraph learnt, it became the responsibility of the corporation to manage and operate the facilities for the benefit of the people.

Projects dead on arrival

Six years after people’s hope had been raised, New Telegraph’s investigations revealed that the projects have failed to ameliorate the water scarcity the communities face. In Ife-Odan the massive water plant erected by the contractor is yet to produce a drop of water.
When visited by our correspondent, the facility had already been overtaken by weeds and cobwebs, without anyone found in the compound.

The guard, Moradesa, who, apparently was disappointed by the turn of events, was not on hand to conduct our reporter round the facility. But his son, Joseph Moradesa, who did, was not impressed by the development.

When he eventually spoke to our correspondent, the guard expressed regret that six years after the project was initiated, there was yet to be water for the people at the plant.

Moradesa, who spoke in Yoruba language, said: “Even as the guard, since February 2017 when the place was transferred to Osun State Water Corporation, my salary has been reduced to N15,000 and I received the last one in October 2017. What pained me most is that this place is already abandoned and the purpose for which I donated the land may have been defeated.”

Also speaking, a palace chief, the Obajio of Ife-Odan, Chief Amoo Adegbite, expressed regret that the people’s hope had been dashed by the alleged poor handling of the project, saying the whole community was disappointed after so much expectation.

Adegbite said; “Many of us had thought what they wanted to do was to connect the dam and make the water supply easier. But we were surprised when they started digging borehole just few kilometres away from the dam, and we were worried that it might turn out to be a wasted effort due to our experiences with boreholes here.”

Son of a late traditional ruler of the community, Prince Gbade Morenikeji, who had visited the town for the New Year celebration, said one of the reasons the community voted against the return of one of the 12 representatives, Senator Mudashiru Hussein, was largely due to the abandoned water project.

Morenikeji, who works with the Federal Ministry of Industry, Trade and Investment, noted that following the death of Senator Isiaka Adeleke, Hussein had been represented by the ruling party, the All Progressives Congress (APC), for the rerun election, “but because the water project he had facilitated to the community during his first term was seen as a scam, the people said, no way.”

Meanwhile, the superintendent at the community’s dam has revealed that with the construction of the water scheme, the pipes laid from the dam to the community had been destroyed by the contractor. He said: “Even if there is power supply it will be difficult to supply water because of the damage done to the pipes when they were laying their own pipes.”

In the same vein, at Iloro area of Ipetu-Ijesha, just a few metres away from Grammar School Road, location of the community’s own water plant, an ND I student of the Federal Polytechnic, Offa, Kwara State, Aduragbemi Idris, was guarding jealously a padlocked well.

She denied knowledge of any public water scheme in the neighbourhood, saying her uncle and owner of the house, reluctantly locked the well because of the pressure from the public.

Similarly, the Regent was livid with anger, as he showed our reporter his well within his own compound.

Chief Olayinka explained: “When they were laying the pipes, they fixed them in the wrong side and I told them that the side would not be good for the pipes due to the telegraphic poles. They didn’t take my advice, but after they had laid the pipes for about a month, they heeded my advice and moved to the other side. Later, we didn’t see them again.

“So, people are back to the streams as it was the practice in the olden days. We are just lucky that our people are not affected by water-borne diseases. Of course, it is now an abandoned project, and that is sad. This is because some of the ‘honourables’ (National Assembly members representing the state) who started the project are no longer in government. The new ones are now embarking on new projects individually, which are also already being abandoned.”

But when New Telegraph visited the plant at Ipetu-Ijesha, a security guard on duty, Mr. Adeleke Faleti, explained that the facility had been operational since 2016 till sometimes in November 2017, when it developed mechanical fault.

Faleti, who is an employee of Evermore Securities, a private security company, explained that apart from the challenges posed by erratic power supply and non-availability of diesel, the facility had served the few available ‘town tap points’ until it developed problems.

He said: “The engineer in charge is not on ground, and I am aware he has written to the state to complain about the mechanical faults developed by some machines.”

Also, a civil servant who lives in Ila-Orangun but craved anonymity, said apart from the four tap points sited at the water plant, there was no other public tap point within the vicinity that he was aware of.

The plant, which is located at the College High School area, in the community, serves only the people living within the neighbourhood.

“I cannot even attempt to fetch from the well in my house because it is too deep, and can take five minutes to get a single bowl of water. So, I have to drive to the water plant to fetch into jerrycans, at least every two days,” the source explained.

Osun State Water Corporation kicks, rejects projects

Embittered by the poor work done allegedly by the contractor, the state Water Corporation rejected the projects at Ila-Orangun and Ife-Odan. It said the water yields at the two sites were grossly inadequate due to the shoddy jobs done.

The corporation’s Deputy General Manager, Operations and Production, Mr. Ademola Odejide, an engineer, said the three projects were handed over to the corporation in February 2017, but after a careful study, those located at Ila-Orangun and Ife-Odan were returned to the agency for correction of all identified defects.

Odejide said: “Immediately we received the projects we wrote down our observations and recommendations, but our memo did not get to the governor on time because he was not around.

“But as soon as we received the go-ahead, only the Ipetu-Ijesha got our approval, so we sent back all the documents handed over to us for Ila-Orangun and Ife-Odan with the instruction that they should go and correct all the defects. We recommended a better industrial borehole for Ila-Orangun and raw water supply at Ife-Odan because the boreholes sunk could hardly yield 20 per cent.”

According to Odejide, the Ila-Orangun scheme is later provided with the required industrial borehole but the Ife-Odan project was  now being linked to the dam, which hasn’t been completed.

But another officer of the corporation, who craved anonymity, explained that the problem with the project is that both the OORBDA and the contractors failed to do their due diligence. According to him, researches have shown that borehole water in a basement complex terrain like Osun State cannot yield the required volume of water to serve a whole community.

“You know, in engineering, when something is not in your field, you can hardly know it; OORBDA is only known for dam, not for water supply. In fact, the Federal Ministry of Water Resources carried out a survey on water projects, which indicates that there are so many boreholes being drilled across the state especially in our own area, which are not yielding desired results because of the differences between the basement complex terrain and sedimentary basin.

“In Lagos, and parts of Ogun, borehole can easily yield required volume of water because it is a sedimentary basin. But these contractors don’t like to hear this. In fact, the contractors had in the past threatened to eliminate some of us, saying we are running them down. When the National Assembly invited some of our officers for explanation on the matter, because we explained all this, the contractor, which we later learnt is a federal lawmaker, threatened to ‘waste’ us.

“The current Deputy Speaker of the National Assembly owns the company that handled the Ila-Orangun and Ife-Odan projects. It is a secret arrangement between him and the contract awarding agency because it is against the law. Even, most of his colleagues who facilitated the projects didn’t know this until more than three years after, when the projects began to constitute problems,” the source said.

Search for contractors begins

Apart from the Ipetu-Ijesha project where the carcass of a billboard indicating the contractor’s name and other details could be found standing filthily on the wall of the plant’s fence, there is nothing to link the Ila-Orangun and Ife-Odan projects to their handlers. This informed New Telegraph to approach the OORBDA, as the contract supervising agency, for the details of the projects.

 

Ogun-Oshun River Basin Development Authority (OORBDA) responds

 

At a brief meeting held in January with our correspondent at the office of its Managing Director and Chief Executive Officer, Mr. Olufemi Odumosu, in Abeokuta, Ogun State, the Ogun-Oshun River Basin Development Authority suggested to formalise its response to New Telegraph’s enquiries, saying further communication could be established afterwards.

Thus, in a tersely-worded letter, dated January 18, 2018, and addressed to New Telegraph, it explained that after competitive bidding processes, two companies were awarded the contracts in 2012. They are Sabbyn Nigeria Limited, an oil and gas company, and Nur and Company Nigeria Limited, an engineering company.

The letter, which was signed by Odumosu, also stated the locations awarded to each of the two firms and the amount approved for each of the projects, adding that the duration for the execution of the projects was 12 months.

It said the Ipetu-Ijesha project was handled by Sabbyn Nigeria Limited while the ones located at Ife-Odan and Ila-Orangun were awarded to Nur and Company Nigeria Limited.

The letter reads in part: “The contract award process was in line with the provisions of the Procurement Act 2007.”

However, the agency failed to supply other vital information including the details of the bidding processes, registration numbers of the selected companies, how money was paid to the contractors, reasons for the alleged abandonment of the projects, allegation of poor productivity, among others.

The agency had initially claimed its officers could no longer lay their hands on the projects’ documents because “it was a long time it worked on the files,” but following unrelenting requests from our correspondent, on January 31, 2018, the agency’s Public Relations Officer, Mr. Saliu Adeniyi, sent the registration numbers and the addresses of the two companies via text messages.

CAC links Deputy Speaker to Nur & Company Nigeria Limited

Unlike the Sabbyn Nigeria Limited, which details were easily accessed on the internet, the details of Nur and Company Nigeria Limited, which executed both the Ife-Odan and Ila-Orangun projects, seemed to have been shrouded in secrecy, as the name could not be traced anywhere. It has no website, contact details, or even a social media account.

Its address at Plot 8, Impressive Close, off Dosumu Street, Agidingbi, Ikeja, Lagos, as reportedly quoted on its application document for the bidding exercise, belongs to a different owner entirely. The issue of this address alone caused more controversies than could be imagined, leading to the death of an octogenarian over the fraudulent acts of some alleged individuals.

But the Corporate Affairs Commission (CAC) helped in no small measure to unravel the mystery surrounding the owners of the companies, including the Nur and Company Nigeria Limited, which is owned by Deputy Speaker of the House of Representatives, Mr. Lasun Yusuff.
The deputy speaker, according to our findings, used his personal company to secure the two projects, even as investigations also revealed that the high ranking parliamentarian failed to execute these projects as specified by the awarding agency.

Deputy Speaker keeps mum

The series of New Telegraph’s enquiries sent to the Deputy Speaker, Hon. Lasun Yusuff, through his media aides, including his Special Adviser (Media), Mrs. Lara Owoeye-Wyse, were unanswered.

However, upon receiving New Telegraph’s letter, which was submitted to Owoeye-Wyse on January 9, the deputy speaker’s Chief Press Secretary, Mr. Wole Oladimeji, called our reporter on Thursday, January 11, on behalf of his boss to deny any knowledge of the projects. But when asked whether he had raised the matter with his boss before giving defence, Oladimeji said no, and promised to revert. He has since not got back to New Telegraph till date.

Meanwhile, in the second part of this report, many interesting twists about the whole issue will be revealed.

 

Sabbyn Nigeria Limited found

Locating Sabbyn Nigeria Limited, which handled the Ipetu-Ijesha mini-water scheme, wasn’t a difficult task. A simple search on the internet revealed the company’s website, its owner, and contact details. Its Managing Director and Chief Executive Officer, Mr. Abayomi Collins, an engineer, had represented Ifo/Ewekoro Federal Constituency in the House of Representatives between 1999 and 2007. He was Chairman, House Committees on Petroleum Resources, National Planning and Economy, and Water Resources.

Collins took time to explain his own side of the story, insisting that his company executed the project to specifications and that all rules were followed to the letter.

He said: “This project was handed over, inaugurated and was operational. We have certificates to prove this. When you complete such a project you are first given a mechanical completion certificate. Every system, generator, water and other things were certified okay. And it was handed over to Osun State Water Corporation because it is the end beneficiary.

“We completed the project in 2015 and men of the Osun State Water Corporation came to the site to understudy the situation. But officially, it was taken over in June 2016, which was even pretty long. People in the town can confirm that as far back as 2015, they were receiving water far away, where we terminated the pipeline at the Osun State University campus in the town, which is the remotest part of the reticulation network.”

Collins added that after the expiration of the six-month-defect-liability period, his company was discharged of any liability to the project.

“As a matter of fact, we were discharged completely in 2016, and since then we have been requesting for the payment of our own five per cent retention fee which was N26.7 million. Up till now, they have only paid marginally N8 million,” he said.

Asked why an oil and gas company would be awarded a water project, Collins explained that his company provided services to oil and gas, and that water service was also one of them. “So, it is part of the services we render. The company is registered with CAC. I am ready to open books for you on this.”

Collins also responded to the delay in the execution of the project. “This is typical of government projects. Projects progress as funding is made available in yearly budgets. We have several government projects with Federal Capital Development Authority (FCDA), Federal Ministry of Water Resources, Ogun-Oshun River Basin Development Authority, which have not been funded in the last four years. We will only be able to continue when they are funded.”

 

•This is the first part of an investigative budget tracking report with the support of Macarthur Foundation and the International Centre for Investigative Reporting (ICIR)

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Banks’ contract staff: Slaving for peanuts

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To cut cost in the face of dwindling economy and stiff competition, financial institutions hire contract staff who earn peanuts. But this has jacked up fraud in the banking industry, reports TONY CHUKWUNYEM

 

Until January 31, Chinyere Amadi was a contract worker with one of Nigeria’s tier one banks.

 

Nowadays, she sits at home, taking care of her 11-month-old baby and thinking of what job to apply for or what business to do to support her husband who, according to her, is finding it increasingly difficult relying on his meagre monthly salary to take care of his young family.

 

“Given my husband’s situation, I sometimes feel that, perhaps, I should not have resigned from the bank. But I had reached a point where I could no longer continue working as ‘a contract staff ’ in that organisation.

 

“Despite the fact that my husband is finding it difficult to support us with his poor salary, he fully backed my decision to quit,” she said.

 

 

Chinyere attributed her departure from the bank to the fact that not only was her monthly salary of N64,000 hardly sufficient to relieve the burden on her husband, her job as a contract worker was so tasking that it had begun to negatively impact her ability to look after her baby.

 

Indeed, she said that she spent three weeks in the hospital last December as her baby was admitted for an ailment which had become quite serious because her work schedule made it impossible for her to detect the problem before it got complicated.

 

Slavery She said: “The job required that I leave home as early as 5.30a.m., to return sometimes as late as after 10p.m. We were also expected to be at work on Saturdays so there was very little time for us, especially nursing mothers, to spend with our families.”

 

The young mother, who graduated with a Second Class Upper degree in Economics from the Nnamdi Azikiwe University, Awka, in 2010, disclosed that although she knew about the challenges of being a bank contract worker in this country, she had reluctantly taken up the appointment in 2014 when no other offer was forthcoming.

 

She said: “I did not initially want the job as it was common knowledge that despite having almost the same qualifications, contract staff earn far less than their colleagues who are employed on a permanent basis. But I had little choice because at that time, the most common opening for young graduates in the banking industry was being employed as a contract worker.

 

“However, it did not take me long to discover that the job was a form of slavery. We (contract staff) hardly have any breathing space; you cannot take or receive calls on your mobile phones while you are at work and getting permission to attend to urgent personal matters is a big problem.”

 

Amadi added that those who had permanent employment usually look down on the contract staff. “Apart from the tough work schedule, the insults and abuse that we frequently suffer in the hands of bosses who just wanted to show that they don’t have the same employment status with us can be so annoying that many people chose the option of quitting instead of being provoked into doing something rash.

 

“You can imagine that while the permanent staff who clearly don’t work as hard as contract workers earn about N150,000, we were paid N64,000.

 

Besides, while permanent staff are entitled to annual leave and leave allowance, its usually very difficult for contract staff to be granted leave and even then, they receive no allowance whatsoever,” she added.

 

Amadi emphasised that although she was yet to find another job and was having a tough time raising funds to start a business, she really did not regret resigning from the bank. 32,359 bank contract staff

 

However, it would seem that the likes of Amadi who have the courage to resign are quite few as data released by the National Bureau of Statistics (NBS) in February shows that as at December 31, 2017, no fewer than 32,359 staff in the banking industry were employed on contract basis, accounting for 35.8 per cent of total bank staff, which stood at 90,453.

 

 

The NBS in its Selected Banking Sector Data for the fourth quarter of 2017 reveals that the number of contract staff in banks had consistently grown to 32,359 in the last quarter of last year.

 

Specifically, the report shows that banks had gradually increased their number of contract staff from 20,237 in the first quarter to 21,837 in the second quarter and 27,032 in the third quarter before increasing it by 19.71 per cent in the fourth quarter.

 

 

The report further shows that the number of executive staff of banks dropped from 197 in the third quarter to 188 by the end of last year, while the number of senior executives had dropped by 3,852 from 20,420 to 16,568 as at December 2017. Also, in the last three months of 2017, the number of executive and senior staff of banks declined by 4.57 per cent and 18.86 per cent respectively.

 

Cost cutting Analysts point out that banks began to increasingly employ contract staff and reducing hir-ing of executive and senior staff as part of aggressive cost cutting measures introduced in the wake of the crisis which hit the industry in the last decade.

 

The crises, which led the Central Bank of Nigeria (CBN) to take over several lenders that were close to going under, resulted in massive job cuts in the industry with the departing staff being replaced with younger contract staff, who were ready to receive salaries that were less than half of what permanent employees were getting.

 

How it works New Telegraph findings show that banks adopted the strategy of outsourcing the hiring of contract staff to firms which usually have some form of close relationship with the lenders. For instance, the firms could be owned directly or indirectly by a relative/associate of a top shareholders or executive director of the bank.

 

Although the hired contract staff are seconded to the banks, these firms undertake all the processes required in the hiring of the contract staff, including advertising vacancies, conducting tests/interviews and issuing employment letters.

 

Also, in the event that the bank complains about the worker’s conduct, the person will not be sacked, but will be simply sent back to his or her employer. Industry sources said that while lenders pay outsourcing firms huge amounts for hiring contract staff, these companies pay the workers small salaries despite the challenging tasks they perform in the banks.

 

Rising fraud Interestingly, regulators have attributed the rising rate of fraud and forgery cases in the banking industry to the increasing number of contract staff employed by banks.

 

For instance, in the last few years, the Managing Director and Chief Executive of the Nigeria Deposit Insurance Corporation (NDIC), Alhaji Umaru Ibrahim, has been repeatedly warning banks against the use of outsourced staff, pointing out that in 2015, over 75 per cent of fraud cases in the banking sector was traced to outsourced bank staff.

 

Last year, he revealed that bank examination reports indicated that the high incidence of fraud and forgeries in the banking system was linked to outsourced or contract staff.

 

The NDIC boss also stated that in as much as regulators appreciated the necessity for banks to cut costs, it was incumbent on all stakeholders to fashion out capacity building and other strategies to motivate all employees to contribute positively rather than engaging in criminal acts that impact adversely on the entire banking system.

 

Ibrahim told finance and business journalists in Ilorin in October 2015 that 64 per cent of fraudulent activities in the banking industry in 2014 were traced to temporary staff of banks.

 

Similarly, two years ago, the CBN Director, Banking and Payments System Department, Mr. Dipo Fatokun, disclosed that the apex bank had advised lenders to desist from giving sensitive banking roles to contract staff as they might not have a stake in the financial institution.

 

He said: “A temporary staff may not have a stake in the bank so to say. So, it is encouraged that if they have staff that are not permanent, they should not give them responsibilities or roles that will expose them to critical functions of a bank.

 

 

“If you are giving somebody an authority to approve transactions of high magnitude and he does not have a stake in your bank, then you are already exposing yourself. So, this has been going on and I believe many banks understand the need to rely on their key staff for major duties. That is one of the reasons the fraud attempts have been rising, but the value lost declining.”

 

 

However, findings by New Telegraph indicate that despite these warnings, banks not only continue to hire contract staff, but have started assigning these employees to sensitive roles that were previously reserved for full time or permanent staff.

 

An industry source attributed the development to the increasing need for banks to cut costs in the face of a tough economy and rising competition. The source said: “Before now, contract staff were not assigned to Automated Teller Machine (ATM) watch duties.

 

You will also hardly find them being told to perform customer service duties. But all that has changed. Also, in the past, most banks usually set a maximum value of between N200,000 and N500,000 as the limit for risky transactions that a contract staff can undertake, but these days, this limit has been raised to N1 million.”

 

According to fraud statistics contained in the latest Nigerian Electronic Fraud Report, which was prepared by the Banking and Systems Payment Department of CBN, the banking industry recorded 31,736 fraud cases involving N16.5 billion between January 2014 and December 2016.

 

The study shows that the frauds were perpetrated through various payment channels such as Across the Counter, ATMs, cheques and electronic-commerce platforms. Others are Internet banking, mobile banking, Point-of-Sale and web transactions.

 

The report states that in the last three years, there had been more attempts in the number of fraud cases, adding that the development could be linked to the tough economy. Commenting on the issue of banks’ hiring of contract staff, a management consultant, Mr. Dafe Edeki, blamed the situation on the country’s sluggish economy, which, according to him, continues to drive cost minimisation by companies. He said: “The banks are not exploiting the contract staff; it’s strictly business.

 

Any organisation that wants to stay competitive would take advantage of the demand and supply gap in the labour market by offering small salaries because there are millions of people who are ready to do that job for half the pay. Anyone who is not comfortable with the terms of employment should not sign the employment letter.”

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Unending collapsed building trials

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For about four years, two major cases of building collapse have been in court without a likely end to punish the culprits. DAYO AYEYEMI reports

 

There has been a spike in the number of building collapse in the country with over 20 cases recorded in the last 15 years. From Lagos to Abuja, Jos, Kaduna, Benin, Imo, Abia, Anambra and Calabar, the menace of building collapse dots the landscape, with attendant loss of lives. Between 2003 and 2018, more than 350 lives have been lost to the nuisance of building collapse.

 

Of more concern is the lack of punishment for those responsible for the collapses until the public outcry that greeted the collapsed guest house of the Synagogue Church of All Nations (SCOAN) in 2014, where over 100 people including foreigners lost their lives in Lagos State. This was followed by another four-storey building belonging to Lekki Worldwide Estate Limited, the developers of Lekki Gardens, in 2016 in Lagos. More than 30 people died in the collapsed building.

 

Before these two incidents, owners and developers of collapsed building across Nigeria were walking freely as if they were above the law. The best the nation could do to check them was to set up an inquiry to unravel factors leading to the collapse and possible solutions just like the Abimbola Ajayi-led Lagos State Tribunal of Enquiry on Building Collapse in 2012.

 

However, it is interesting to know that four years after the collapse of SCOAN’s guest house building and two years after the Lekki Gardens’ incident, members of the public, especially professionals in the building environment, are worried over the unending court trials of the alleged culprits.

 

Trials The Lagos State Government filed 111 counts against the Registered Trustees of the Synagogue Church of All Nations and four others after a Coroner’s inquest indicted the church and the contractors of the building. Charged alongside the Trustees of SCOAN are Hardrock Construction and Engineering Company; Jandy Trust Limited; and two engineers, who built the collapsed structure.

 

Also, the Lagos State Government had, in 2016, arrested and arraigned the Managing Director of Lekki Gardens Estate Limited, Richard Nyong, before the Lagos Division of the State High Court over alleged complicity in the events leading to the collapse of a building in Lekki area of the state on March 10, 2016.

 

Arraigned alongside Nyong before Justice Sybil Nwaka were Lekki Gardens’ Executive Director, Sola Olumofe; the firm’s contractor, Odofin Taiwo; Omolabake Mortunde; Omotilewa Joseph; Lekki Gardens; Get Rich Investment Limited and HC Insight Solution Limited.

 

The defendants were charged with six-count charges for failure to obtain building approval for the collapsed building and involuntary manslaughter, offences contrary to and punishable under Section 75 (1) of the Urban and Regional Planning and Development Law of Lagos State 2010, and Section 229 of Criminal Law of Lagos State, 2015 respectively.

 

As at the time of filing this report, New Telegraph gathered that the two matters have been going through hearings and adjournments in the last four years. Up till now, the cases are still pending in courts. Expressing concern, first Vice President, Nigeria Institute of Building (NIOB) and former President of Building Collapse and Prevention Guild (BCPG), Mr. Kunle Awobodu, noted that the trials were still on-going but expressed worry over the slow procedures of the courts.

Besides, he raised another issue about what has happened to the sites of collapse buildings, pointing out that by the law in Lagos State, government ought to have taken possession. He said: “Many buildings that collapsed, the Lagos State Urban and Regional Planning Law 2010 says that such land should be confiscated by government. How are we sure that this is being followed?

 

We need to verify if this section of the law is working.” Responding to questions on justices for the high profile cases during the ministerial briefing of the state’s Ministry of Justice last week, Attorney General and Commissioner for Justice, Mr Adeniji Kazeem, said that government would ensure justice in the cases against the founder of Synagogue Church of All Nations, Prophet T.B Joshua and other high profile cases.

 

On the slow pace of justice over Synagogue building collapse, Kazeem added: “The wheels of justice moves slowly, especially when it is a high profile case. As you know, that case has been on for a couple of years. Only recently, the prosecution closed its case. And usually when the prosecutor closes it case, the defence counsel is expected to open his.

 

“Rather than do this, the defense counsel filed a no case submission, claiming that the state government has made no case against the clergy. They lost that no case submission. So they have been instructed to open their defense so that the matter can move forward. And I believe that very soon, the case will come to conclusion. “

 

Even when these trials are yet to be concluded, another onestory building collapsed in Lagos in April 2018, in which two people died, while scores were injured It was learnt that the building sited at 9, Abeje Street, Morikaz road, had been marked as been distressed by the state government officials before it finally caved in.

 

Extremely disturbed by frequent cases of built collapse in Nigeria, building environment professionals have tasked themselves on self-regulation and the need to commence the use of National Building Code (NBC), which stipulates minimum conditions for all stages of building project delivery.

 

The latest resolution among professionals, comprising engineers, builders, architects, real estate developers, town planners and surveyors, was coming following a storey building that caved in at No 9, Abeje Street, Morikaz Road in Agege Local Government Area of Lagos State penultimate Sunday.

 

Suggesting the way forward on the platform of Housing Development Group, the Executive Director, Construction Finance, National Assembly Staff Housing , Dr Beni Goka, said that peer reporting, self-regulating, whistle blowing, creation of building inspectorate division would go a long way to halt cases of building collapse in the country.

 

Explaining, he pointed out that it has been discovered that many developers or builders preferred to place their town’s man as lead constructor or supervisor in building site despite that fact that he was less qualified for the job. “Another factor is owner’s inundations; either an attempt to build what they are not capable of for the sake of plain mischief, being cheap cum poor judgement among others,” he said. The expert, however, appealed to construction finance companies to play a key role with insurance companies to tackle the menace.

 

A board member of the Chicago Association of Realtors, United States of America (USA), Mr. Abdulfatai EFTY, noted that Nigeria’s built environment professionals would need to regulate themselves in order to stop the  activities of quacks and collapse of building in the sector.

 

According to him, timely intervention of the Real Estate Development Association of Nigeria (REDAN), Nigerian Institute of Building and other stakeholders would be required to stop building collapse.

 

He said: “Self-regulation for now can come in form of setting up or updating the present building codes not only on paper but making sure members adhere to them. “Sanctions and punishment can be meted out to members and the whole world is made aware whenever this occurs. This will set the tone for everybody to know that the associations are not playing.” The U.S. based realtor urged finance companies to play a very crucial role by ensuring release of construction loans in “draws” after thorough inspection and approval by independent licensed inspectors as practiced globally.

 

“This Inspector must be wellpaid so as not to be influenced with money. Thus a well-paid independent inspector that screws up knows he or she would go to jail,” he said. Lecturer in the Department of Building, University of Lagos, Professor Martin Dada, called for advocacy for the enactment of a law to enforce provisions of the building code. “Let us keep this in the front burner; let us continue to engage all stakeholders, including our lawmakers, to this effect. Let subnational entities, specifically the states, do their part.

 

Let the professionals arrange themselves to start using the code,” he said. He appealed for a way out of the building collapse quagmire through building condition survey, saying there was need for a baseline, an holistic framework. He wants private inspection to be accommodated in the building code.

 

There have been major building collapses in Nigeria from as far back as the 70s. For instance, 27 people had lost their lives in October 1974 when a multi-storey building under construction in Mokola in Ibadan collapsed. Three years later, in August 1977, 28 people were killed when a residential building in Barnawa Housing Estate, Kaduna collapsed. In June 1990, between 50 and 55 people lost their lives when a three-storey building collapsed in Port Harcourt.

 

Apart from SCOAN and Lekki Gardens’ building collapse incidents of 2014 and 2016 respectively, in which about 150 people died, the nation has witnessed major building failures in the past. Some of them included the four-storey building, comprising 34 flats popularly known as ‘Titanic’ that collapsed in Ebute Meta, Lagos in July 2006 with 28 casualties; uncompleted collapsed building at 2, Ikoli Street, Off, Gimbiya Street in Garki, Abuja in August 2010. 23 people died in the incident.

 

Two more uncompleted buildings have collapsed in Abuja since then. There was also school building that collapsed in Bukuru, Jos, Plataea State in September 2014.Ten among 30 pupils were killed. In July 2013, another three-storey building collapsed in Ebute Meta , Lagos, killing seven people.

 

As if that were not enough, a building under construction in the Agbama area of Umuahia, Abia State collapsed in May 2013, leaving up to seven people dead. Also in December 2011, an abandoned church building collapsed in Angwan Dosa, Kaduna collapsed, leaving five people dead. In March 2006, a 21-storey building belonging to the Bank of Industry, on Broad Street, Lagos Island, caved in.

 

The collapse, which occurred days after fire had gutted two floors in the building, killed two people and injured 23 others. Also, on July 11, 2013, an old three-storey building on Hadeja Road in Kaduna metropolis collapsed, leaving three people died. The Abimbola Ajayi- led tribunal of Inquiry in 2012 noted that Lagos State had recorded 135 cas- es of building collapse in the last seven years.

 

 

It also identified gross indiscipline and corruption by all stakeholders as major causes of building collapse. These, it said, rendered the relevant state laws ineffective. Some of the factors responsible for building collapse range from quackery to poor workmanship, use of substandard materials, lack of supervision, poor foundation and structural defect among others.

 

Out of fifteen incidents of building collapse that took place in 2017, Lagos State still has the highest number of cases and casualties followed by Imo, Anambra States and Abuja, Most of the cases of failed structure occurred in private buildings between May and October 2017. While Lagos recorded seven cases of collapse building within the period, Imo and Anambra States recorded four and three incidents respectively.

 

In order to reduce collapsed building incident, Lagos State in August 2017, commenced the demolition of 114 distressed buildings in the metropolis. Fifty- seven of the 114 distressed buildings marked for demolition was said would be pulled down during first phase of the exercise.

 

It was gathered that officials of Lagos State Building Control Agency, LASBCA, stormed Lagos Island, where at least 34 of the buildings were sighted and commenced the demolition.

 

The General Manager of LASCA, Lekan Shodehinde, disclosed that the agency identified 114 of such distressed buildings that needed to be demolished across the metropolis, adding that others would be demolished during the second phase of the exercise.

 

According to him, government would no longer wait for owners of distressed buildings to remove them on their own, stating that experience had shown that such owners did not always remove such structures. Shodehinde explained that once a distressed building had been demolished by the government, the owner would be given 90 days to pay the demolition cost, failure of which government would seize the land.

 

As people await outcome of the trials, timely intervention of the real estate developers, builders, engineers and other stakeholders would be required to stop building collapse in Nigeria.

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