By Nelson Ekujumi
Demolitions of houses, structures and other forms of habitation has become one among several topics of discussions lately because of its enormous impact on society, though it has always been a topical issue with humanity for ages, not only in Nigeria, but globally.
Demolitions occur for various reasons by individuals, organizations and even the state. An individual can demolish an existing structure if he or she wants to put up a new one to fit his or her choice or even a part of the structure to align with new designs, but all these must be subject to statutory approvals if one doesn’t want to run foul of the law, same applies to organizations, but to government looking at it from the other side, it's about enforcing the law.
However, when demolitions occur due to reasons of structural defect, building laws and environmental violations, lack of approval, dilapidated structures, shanties, etc., it tends to inflame tensions and incitement against the government who have a constitutional duty to enforce the law for public safety and avert loss of lives.
So many instances abound of the demolitions of illegal, dilapidated and environmental nuisance structures and shanties across the 36 states of the country from time immemorial. In Lagos of recent, demolitions happened in Oko Oba Agege, Lekki, Ajah, Festac town and Oworonshoki to mention but a few, while not forgetting the recent demolitions of illegal structures in the trade fair complex in Lagos state by the authority empowered to do so according to law based on the parameters of the affected buildings and structures violating the law and posing a risk to human and public safety. But to our collective shame, persons who have held and are still wielding political authority, rather than being responsible and sensitive, attempted to make an ethnic and political capital out of a legal and constitutional action.
Sadly and painfully in Nigeria today, just like in any other parts of the world, the issue of demolitions of structures who have violated statutory building laws and regulations and posed a threat to life and public safety have taken a dangerous ethnic and other primordial sentiments dimensions which is rather unfortunate, sad and condemnable.
Section 1 of the land use Act, vest land ownership in every state on the Governor. In addition, the Supreme Court judgment of 2003 (Attorney-General of Lagos State v. Attorney-General of the Federation), affirms that land use and physical planning fall under concurrent jurisdiction, and states retain the authority to regulate development control within their territories, including federal lands, except for core areas like military formations or exclusive federal enclaves. Therefore, in view of the law cited above, how do we reconcile the irresponsible and condemnable utterances of persons whom we expect to know better but are shamelessly trying to gain political capital out of a situation that has been settled by law?
The attempt by some supposed political leaders to ethnicize and incite the public against the Lagos State government agency action in upholding the law as enshrined in the constitution, is rather unfortunate, sad and condemnable because from historical facts, Lagos has always been and remains the indisputable melting point of religious and ethnic harmony among its inhabitants.
It’s a natural fact that we will be emotionally enraged when demolitions occur over buildings and other forms of structures put up at great cost, time and resources, but in violations of the law. However, we must not lose sight of the fact that we are a country governed by law and it behooves on us all to recognize the indispensable responsibility of citizens, political leaders and institutions of state to uphold the provisions of the law for our collective good and not for political capital.
As we interrogate this matter of urgent public interest, we need to situate the facts in order to guide and guard future generations not to fall into the trap that the society is grappling with today, whereby, rather than submit to the reality that we erred in putting up shanties unfit for human habitation, buildings without regulatory approvals, on setbacks, canals and drainages in utter violation of the law, we go all out whipping up sentiments and emotions in order to scapegoat agencies of state for upholding the law.
For our education, government exist not only for the security and welfare of the people, but also to uphold the law and enforce sanctions for collective good, because though we operate a capitalist economy, that privilege does not bestow on us the right to be lawless or live in one.
When we buy land, what do we normally do in this part of the world? Sadly, a lot of us, after purchasing the land, we don't deploy the efforts to do a search on the land to know if it's within government acquisition or on setbacks or drainages or seek the assistance of experts to avoid demolitions which is inevitable and necessary to right to the wrong to society, rather we rush to look for a conspiratorial legal counsel to perfect the documents of purchase so that the title reflects our identity as the owner.
One has used the word conspiratorial because the counsel, who assists to perfect the documents without advising us on the right thing of conducting a search on the land, is also liable for the violation of documentation of a land on government acquisition or drainage or water channel, etc.
Another identified accomplices in this violation of the law that has resulted in demolitions in most cases, are town planners and architects who go out to put up drawing plans without the appropriate layout plan in violation of the ethics of the profession and the law. Unfortunately, they are emboldened by the lack of appropriate sanctions from their professional associations and the state which enforces the law only through demolitions without meting out sanctions to accomplices. It is a fact and public knowledge that some of these structures are erected without any plan or approval and even when served notices to pull them down or regularize their documents, people turn a deaf ear, holding on to the belief of chance.
At this stage, the question that comes to mind is what needs to be done to put the pains and trauma of demolitions behind us, because it's a collective loss to the society in terms of citizens expending scarce resources to put up illegal structures and government deploying resources to enforce the law?
First, we need to be sincere with ourselves. What do we mean by this? Whenever we take possession of land, we need to ask, this land, is it legal, safe and convenient for human habitation, what kind of structure can be constructed on the land? To answer these questions, we need to approach the appropriate government agency for answers in order to avert stories that touch the heart.
Secondly, government on its part needs to deploy technology to enable citizens do a search on land within the state and know if it's free of encumbrance. There's also the imperative need to eliminate the human interaction with government officials on land matters to make it attractive for citizens engagement because of the human element which fuels corruption in the system with the attendant violations which culminates in demolitions.
Thirdly, government needs to embark on aggressive advocacy and engagement with the populace on land rights, dos, don’ts and related matters, so that the citizens are equipped with the appropriate information which will enable them not to commit the crime of violation of the law, either by themselves or with co-conspirators and save the society the trauma of demolitions of illegal structures.
Therefore when news of demolitions by the state breaks anywhere, one needs to be circumspect to interrogate the issues dispassionately and not allow him or herself to be agitated over illegality, because on this matter, we are the architect of our own fortune or misfortune.
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