The government of Lagos State has every reason to not only get concerned, but thoroughly embarrassed at the frequency of building collapse within its jurisdiction. The oddly familiar story is no longer acceptable for reasons that include loss of lives, financial ruin, and dent on the reputation of regulatory bodies, professional groups, and the government. Lagos, in Mr. Sanwo-Olu’s second-coming, should do a lot better without excuses.
Reports have it that barely 24 hours after the Lagos State Governor, Babajide Sanwo-Olu, visited the collapsed building site of a seven-storey building on First Avenue, Banana Island, last month, another two-storey structure under-construction collapsed at the Apapa GRA area. Whereas these unhappy incidents are not peculiar to Lagos State, records show that the economic capital of the country suffers the malaise more than other places of the country, and in higher temperature too. It was reported that 20 of the 62 cases of building collapse in 2022 occurred in Sanwo-Olu’s jurisdiction, nay, under his watch. This is not a record of repute to advertise.
Indeed, over the years, buildings – either already built and in use or under construction – have collapsed with such frequency, and enough to grant all stakeholders in the construction industry sufficient experience on how to prevent such incidents. With 135 reported occurrences all over the country between 2007 and 2013, enough lessons should have been learnt by builders on the one hand, and government authorities on the other, to ensure that it hardly occurs from man-made causes. Alas, there is wide agreement that most incidents are caused by deliberate human acts.
A published 2015 study by Oseghale, Ikpo, Ajayi of the Obafemi Awolowo University, Ile-Ife, found that ‘’the major causes of building failures were bad design, faulty construction, overloading, non-possession of approved drawings, possession of approved drawings but non-compliance, and the use of quacks.” The researchers, drawing from the findings of earlier studies, further wrote, “In Nigeria, the common causes of building collapse have been traced to bad design, faulty construction, use of low-quality materials, hasty construction, foundation failure, lack of proper supervision, ineffective enforcement of building codes by the relevant Town Planning Authorities and lack of proper maintenance.”
Clearly, ineffective enforcement of building codes is a major culprit in this matter. Recall that the Federal Republic of Nigeria in 2006 published the National Building Code in response to the number of cases of collapsed buildings recorded in the country. The Building Code is a set of legal requirements of which the purpose is to promote good practice in the design, construction and maintenance of buildings, in the interest of the health, safety and welfare of people who use buildings. However, it is regrettable that despite the availability of building codes and professionals in the Nigerian construction industry, the reported cases of building collapse have become very alarming and worrisome.
Informed opinions within the construction industry blame governments at all levels for failure to exercise their statutory powers to move into and inspect construction sites for compliance with quality and integrity of the construction process. The enforcement of compliance will cover specification of materials to use, and appropriate for the intended purpose of the structure.
In the particular case of Lagos, the Lagos State Physical Planning Permit Regulation 2019 is sufficiently comprehensive to, if dutifully enforced by the authorities, to limit to a minimum the incidences of building collapse. The 115-page document covers just about every aspect – as it should anyway – of the rules for building construction in the state. And at every point of conception to erection, duly registered professionals must be involved and must sign relevant documents.
The survey plan that is proposed development must be signed by a Land Surveyor registered to practice in Nigeria; architectural drawing must be signed, sealed, and stamped by an architect registered to practise in Nigeria, and structural drawing and analysis of the project must be prepared, signed, and sealed by a Civil/ Structural Engineer eligible to practise in Nigeria.
Similarly, a letter of undertaking to supervise the proposed development during construction must be issued by a registered Civil or Structural Engineer; and the name(s) or trade name, registered office, telephone number, e-mail, and any other particulars of the relevant professional(s) must be clearly stated. It is, therefore, self-evident that if all parties to a project adhere faithfully to their respective roles and according to the rules, Lagos would not be topping the ignoble list of bad managers of modernity.
Suffice to add that the Lagos State government, through its agency responsible to enforce the 2019 regulation, has demonstrably failed miserably in its duty to enforce its own laws. Consider the provisions of Sections 23 to 31 that cover Enforcement Notice, Monitoring and Compliance Unit, Obstruction of Officers in the Permit Regulation.
Specifically, Section 28 provides unequivocally that ‘the Authority shall monitor compliance with approvals issued by it’; 29(2) stipulates that ‘‘where a developer fails to comply with notices issued and serve by the Authority, the Authority shall refer such contravention to the Lagos State Building Control Agency for demolition (of the structure).’’ With legal backing, therefore, it is most strange that the government does not muster the will to enforce these building codes.
The Lagos State government also has the benefit of a 2013 report of its own inquiry into collapsed buildings to learn from. It was reported that the tribunal identified corruption in the application of laws by officials, gross abuse of the provisions of building permits by project owners, non-use of qualified professionals to execute projects by cost-cutting contractors – as some of the factors.
The Tribunal recommended measures to correct these anomalies, including decentralising permit approval centres, and the creation of a monitoring and enforcement unit for the Materials Testing Laboratory. It is not clear how far and how well the state government has implemented these. However, if the laws are applied faithfully and by diligent officials, the result would be different from what obtains now.
Tellingly, the Lagos State government is not sufficiently responsive to the continued damage that a collapsed building continues to cause and cost, within its jurisdiction. Professional bodies whose members are by law, expected to be part of the process of construction generally absolve themselves on the excuse that non-registered, and therefore, incompetent persons are employed on these failed projects.
These bodies may have to think outside the box on ways to push for the use of qualified members of their respective professions. In the mind of the public currently, there is the popular, even if incorrect; perception that part of the problem is the incompetence or corruption of Nigerian professionals.
Sanwo-Olu’s first and last duty is to make Lagos State safe and livable for the residents. This is his constitutional duty as stipulated in Section 14 (2)(b). It is, therefore, not acceptable that his government is repeatedly on the ‘reaction mode’ on the matter of frequent collapse of buildings. Government must move proactively to prevent it. The law is there, the agencies are there – get them to function as they ought! It is simply preposterous that officials of the state would claim not to know the name of a contractor or owners of a project. Equally untenable is the bizarre claims that the Lagos State Building Control Agency (LASBCA) issued a number of contravention notices, stop work, and seal up orders, which were freely ignored by developers with impunity. And no one invoked the relevant provisions of the Lagos State Physical Planning Permit Regulation, 2019 to act? We should think that some people have questions to answer.
Erring building owners and their contractors, corrupt and fake officials alike, coupled with persons, high or low, that are found derelict in their duties, must be identified, named, shamed, and punished as provided by law. By their actions, they can only be described as agents of death and destruction.
In Sanwo-Olu’s first term, buildings collapsed, people died and properties were destroyed. This should not continue in his second term. Lagosians expect, as they are entitled to, an improvement in governance. Safety of life and properties is where to start. The governor must muster the political will to save this state from the tangible and intangible damages – and the attendant embarrassments caused by frequent collapse of buildings. The buck stops at his desk.
