Boss Picks
My Story: Being a Judge is a Position of Honour, Not Money – Hon. Justice Adama Lamikiran
FAMILY HISTORY
I am native of Agbede in Etsako West Local Government Area of Edo State. I was born into a Muslim family. My father Alhaji A.R. Ali, was a Public Servant with the Federal Ministry of Labour; my mother,AlhajaAminat Ali, was a full time house wife. She devoted all her time bringing up all her children with moral chastity.My father worked in many states of the Federation; Ibadan, Lagos, Port Harcourt, Sapele, Jos, Akure, to mention just these few. He eventually retired in Lagos State as Principal Labour Officer.
My parents had nine (9) children – four (4) boys and five (5) girls. I am the 5th of the nine children. Sadly, and may their souls rest in peace, three of us are no more. God knows the best always and we must always submit to Him in all circumstances be it good or bad, favourable or unfavourable, for He is our Maker. Most of my siblings were born in Ibadan and Lagos. I was born in Ibadan where I spent my early, formative years including attending my primary education. When my father was transferred to Lagos, we moved with him and it was there, I had my secondary education.
EARLY LIFE
I attended Ansar-ud-Dean Primary School, Oke Ado, Ibadan, and later, Aunty Ayo Girls’ Secondary School, Lagos. I did a one-year Higher School Study at St. Gregory’s College, Lagos, before I gained admission to study Law at Ahmadu Bello University, Zaria, from where I graduated with a degree in Law in 1978. Thereafter I proceeded to the Nigerian Law School, Lagos, and I was called to Bar in 1979.Between the period of my birth and when I was called to the Bar in 1979, I had not lived in my State. We only visited my home town occasionally when my father was on leave. Therefore, after my call to the Bar, my father insisted that one of us must go to our State of origin to work, it became natural that the one to go home was me since I had not lived there.
Looking back, it would appear that the unseen hand, some call it fate, for the first time after I had become a Lawyer, took me back to my State of origin where I worked briefly, at the then Bendel State Ministry of Justice as a State Counsel.
It was during my stay in Benin that I met my husband, Lt. Col. (Dr.) Philip Iyayi (late), then a young ArmyOfficer. My husband was not only a fine medical doctor, he was also a trained combatant soldier. He underwent several military trainings both locally and abroad.
Being from a muslim home, my parents forbade me from marrying him because he was a christian. However, I had always known what I wanted, especially in matters of the heart. So I stood my ground. The rest is history as Iyayi and I became husband and wife with lovely children, living happily thereafter until the Grim Reaper took him away in his prime in the C-130 military plane crash at Ejigbo, near Lagos, in 1992, amongst other fine military officers who were on training for Senior Military Officers at the Nigerian Defence Academy, Jaji. Till date, I still regard my late husband as a rare gem of unfinished greatness, knowing his competence and intellect, each time I reflect on how he was cut down in mid passage, in his prime. He was a devoted, loving husband and father, kind, compassionate, and would leave no stone unturned to ensure that Officers and Men received the best medical care. Again, as always, the Creator knows the best and we His creatures, must continue to lovingly submit to Him as no one knows the mind of God.It was after I had children with my husband that my parents came around and accepted him, long before his passing.
All Judges of Rivers State origin in the service of the Rivers State Judiciary, and Federal Judiciary, serving and retired, have been given retirement accommodation on owner-occupier basis by the Rivers State Government. Similar provisions for all the Magistrates are in the offing
After our marriage, we lived in Benin City for about two years and my husband was posted to 3 Battalion Nigerian Army EffurunBarracks, Warri. I had to leave my job as State Counsel in the Ministry of Justice, Benin, to join him in Warri. It was exactly the same way I was following my dad to wherever duty called, that I was also following my husband, to wherever duty called. I had been both a loyal daughter and a loyal and submissive wife. It was clear that my father and my husband were nudging fate in the right direction.
In Warri, I worked with the Delta Steel Company, OvwianAladja, as a Legal Officer.We were in Warri for about 3 years when he was posted to Elele Barracks i.e Air Mobile Brigade Field Ambulance, Nigerian Army Medical Corps Elele in Rivers State. I could not immediately join him at Elele because of my job, at Aladja. But I ultimately did so later.
While in Rivers State, I was miraculously, in 1986, appointed a Magistrate in the Rivers State Magistracy. It was miraculous indeed because I was not one of the candidates selected to be sworn-in but was placed on the reserved list. There was delay in the swearing-in but unfortunately one of the candidates to be sworn-in passed on. That was how I was called upon to replace her. God had destined me to be appointed a Magistrate that time. This signalling, unknown to me, that this was my last bus stop in my movements from city to city first with my father, before my marriage, and later with my husband, after marriage.
We lived at the Elele Barracks for about 3 years, from where I was commuting to work at Elimgbu Magistrate Court where I first understudied Hon. Justice Mary Peter Odili, JSC who was then a Senior Magistrate. Later the Nigerian Army provided accommodation for us at the Zuru Estate, Obi Wali Road, Rumuigbo, when my husband was posted to Military Hospital, Port Harcourt, where we lived until that day when the sad news came that my husband was no more.My movement within city this time, not across states – resumed in course of my service, as a Magistrate, to the people and Government of Rivers State. I worked at Elimgbu Magistrate Court for about 4 years and thereafter, at Isiokpo, Emohua and Port Harcourt Magisterial Districts. Port Harcourt was my last Magisterial District. Literally and figuratively, this is the Lord’s doing and it is marvelous in our eyes.
SOARING HIGHER:
In 1998, it pleased God and He made it possible that I was divinely appointed a Judge of the High Court of Rivers State, along with my Brother Judges – Hon. Justice E.O. Agbara (Rtd.) now late), Hon. Justice Joy Akpughunum, Hon. Justice S. Iragunima (Rtd.) Hon. Justice B. Ugbari (Rtd.) and late Hon. Justice A. Wodu.
Judging whether as a Magistrate or a Judge, is challenging, tasking and exhausting. I was committed to my work, irrespective of all the challenges I faced whether from the Bar, colleagues, staff or even litigants. Many of those challenges border on irrelevances and trifles, rooted, I must confess, on resentments that one is a non-indigene. As all of us know, this is a Nigerian challenge, although its occurrence and severity varies from place to place. All the same I thank God and the people of Rivers State for the opportunity to serve first as a Magistrate, a Judge and a Chief Judge. Indeed Rivers State is exceptional and accommodating.
Howbeit, I was not deterred, indeed, nor discouraged because I always remembered how miraculously and divinely I became a Magistrate and later, a Judge. Moreover, there was work to be done which I had sworn to do. A military officer, Admiral Nelson of Her Majesty’s Navy in England, became famous for his now popular statement that “England expects that Each man would Do His work”.
I was expected to do my work which I had sworn to do and neither discouragement nor sentiments, or even resentment, from any quarters should stand on the way. Being the daughter of a Federal Civil Servant, who had lived and schooled in several cities across Nigeria, having received education at different environments away from mine, and being the wife of a military officer who had lived in different cities, I was naturally equipped, as I was, to work with and find my way around people who, for no reason but as evidence of our being imperfect humans, saw me as a stranger. With tenacity and perseverance, I thank God I succeeded.
Although initially I had challenges all because I was seen as a non-indigene,I did not allow any trifle or sentiments or prejudice, no matter how magnified to be an important issue by its sponsors, to hold us down in our genuine quest to improve on what we met on ground in aid of justice delivery
It was challenging, I must confess. I state that I was despised, neglected, even refused all forms of benefits apart from my salary, all because I was seen as a non-indigene. What helped me greatly to adjust was my background as I stated, and the fact of the inherent zeal to work, whether as Magistrate, or as a Judge, it was not about the money because the salary was really nothing to write home about then. There is something sacred about passion to work for the State, for the people, for humanity through Judgeship. This I did with all my heart. Being a Judge is a position of honour, not money. In this position, honour triumphs wealth. It triumphs over every other consideration as it seeks only to enthrone justice and justice is an attribute of God, our Maker.
SOARING EVEN HIGHER
No one can accurately foretell the future in details. That is certainly beyond human ability. Only God, the Creator of the universe, possesses all the necessary facts and can control events. God is spoken of as the one who tells the beginning, the finale, and from long ago, the things that have not been done. God knows the end from the beginning and the beginning from the end.And so it was that being a non-indigene, as I was always referred to or described even by my colleagues, the thought of becoming a Chief Judge never crossed my mind, not even in my wildest dream. Only God knew it to be a possibility, a reality, someday.
I never knew God’s ways and thoughts are quite different from those of humans. “For my thoughts are not your thoughts, neither are your ways my ways, saith the LORD” Isaiah 55:8. The day God destined finally came. He made available His instrument, His Excellency, the Governor of Rivers State, Chief (Barr.) NyesomEzenwoWike, CON, GSSRS, POS (Africa), who has a determined heart and does not discriminate. Not standing on ceremonies and putting aside all the sentiments and prejudices that have hobbled this otherwise great Country of ours since its founding. His Excellency, as if against the run of play, appointed me the Chief Judge on 8th day of March, 2016, making me the second non-Rivers indigene, after the White South African Michael Holden CBE, to be so appointed the 8th Chief Judge in the history of Rivers State. His Excellency is fully aware that I am eternally grateful for the honour of the momentous appointment and he needs no telling to know the depth of my gratitude.There is no error in God’s word. No man can stop the Hand of God. It is an act of God through the instrumentality of His Excellency that I was made the Chief Judge of Rivers State.
As Chief Judge of the State, we continued with the traditions we met, making improvements here and there and discarding whatever was no longer working or serving us. Although initially I had challenges all because I was seen as a non-indigene,I did not allow any trifle or sentiments or prejudice, no matter how magnified to be an important issue by its sponsors, to hold us down in our genuine quest to improve on what we met on ground in aid of justice delivery. As a wife to a Military Officer and moreover as a Judge, I have always known that you yield to nothing and refuse to be cowed or blackmailed or derailed or intimidated in the honest discharge of your duty. Trifles or sentiments therefore, could not qualify to hobble or deter me in the honest discharge of my duties, although sometimes one is misunderstood and derided.I focused on how to improve justice delivery, how to quicken it, knowing as all of us do, that it is never an ending quest, it is a continuous work in progress.
It is tempting to begin to catalogue what one was able to contribute and achieve in the office one is leaving or retiring from 8/3/2016 to 25/5/2021. I have successfully resisted that temptation and would rather leave it to history, who is a better Judge. All my previous addresses during the legal year ceremonies of the Rivers State Judiciary of 2016/2017, 2017/2018, 2018/2019, 2019/2020 and 2020/2021, contain catalogues of the landmark achievements during my tenure, all enabled by His Excellency’s Government.
According to Ellison Shoji Onizuka, the American Astronaut of the US spacecraft, the challenger fame, “Every general has the obligation to free men’s mind for a look at new worlds…. to look out from a higher plateau from that of the last generation”. We did so. Each Chief Judge is in charge of a generation in the life of the Judiciary he heads and should look from a higher plateau than the last. We did so, and it is my hope and prayer that succeeding generations of Chief Judges of Rivers State, in particular, my worthy successor will look from even higher plateau than mine, since it has to be one of successive improvements away from deterioration and backwardness.
The office of a Chief Judge is a University of its own where one learns the salutary lessons of a life time; the strengths, weaknesses, predilections, prejudices and bias of Brother Judges, Magistrates, Judiciary Staff, the members of the Bar, the litigating public and other stakeholders in the administration of justice. That is human nature which every man or woman must acknowledge and cope with in the management of men and materials in any organization or society.At all times, and in all things, the common good of all and benefit of Administration of Justice prevailed and all and sundry contributed to our success story in the Rivers State Judiciary.
My tenure enjoyed robust and cordial relationship and co-operation from the leadership of the entire Bar in Rivers State, the Rivers State Police Command, the Federal Correctional Centre in Port Harcourt, the Press and other agencies.
It bears repetition for the sake of record, that all the achievements of the Rivers State Judiciary during my tenure, I owe them to the boundless benevolence of His Excellency in particular and the regular unhesitating release of funds to the Judiciary for human and infrastructural developments.
All Judges of Rivers State origin in the service of the Rivers State Judiciary, and Federal Judiciary, serving and retired, have been given retirement accommodation on owner-occupier basis by the Rivers State Government. Similar provisions for all the Magistrates are in the offing.
For me as the retiring Chief Judge of Rivers State, I am proud and exceedingly happy that His Excellency built a palatial residential accommodation for me. This was also replicated in kind to my predecessors in office. What space and time will not permit to recount, we leave to History and Historians to tell as in the case of Rivers State Judiciary.
JUSUN STRIKE
From all accounts, Rivers State Judiciary is second to none in human capital and infrastructural developments in Nigeria. I am very proud to say that Rivers State is not bewildered with the problems many State Judiciaries are facing like non-payment of salary, lack of funds to run the Courts, poor welfare packages for Judicial Officers and Staff, poor infrastructure, etc. The Judiciary Staff Union of
Nigeria (JUSUN) embarked on nation-wide strike from Monday, 5th of April, 2021 to press for the implementation of financial autonomy of the Judiciaries of the States of the Federation of Nigeria. To all intents and purposes, this is a well-intentioned agitation for the good of the JUDICIARY. Also, gratifying is the usual supportive protest by the Nigerian Bar Association, both at the National and State Branches for the financial autonomy of our Judiciaries.
But here in Rivers State, regrettably, the JUSUN Rivers State Branch or Rivers JUSUN and its self-serving leaders took their agitation and their luck or opportunity too far as they exposed their worst instinct in resorting to name calling and denigration of the office of the Chief Judge of Rivers State. And when my office extended official invitation to them for explanation of the financial autonomy status and level of compliance by the Rivers State Government, the JUSUN Rivers leadership bluntly rebuffed me and turned down the invitation. They used the media to down play or deny some laudable achievements of the Judiciary of Rivers State.
Administration of justice suffered set-back, generally in Nigeria during the strike; lawyers and litigants were the worst-sufferers. Judges and Magistrates of the Rivers State Judiciary generally had no access to case files and Exhibits in Chambers for judgment writing.
I must not fail to place on record the maturity and self-restraint exhibited by the leadership and members of the NBA Rivers State Branch over their responsive and responsible support for the agitation for judicial autonomy, especially when my office later availed them with the compliance status of the Rivers State Government. But same cannot be said of the Chairman, Governing Council of the Eastern Bar Forum, Mr. S. Long-Williams, who taking shelter under his office, threw ethics at the Bar to the wind, through the media used the occasion to issue a 24-hour ultimatum to the Chief Judge of Rivers State to explain or confirm compliance status of the Rivers State Judiciary. History, they say, will vindicate the right and just in all human affairs.
Financial autonomy for Judiciary is good but from the posture of JUSUN Rivers, especially and my impression is that they do not really understand what it stands for and do not appreciate the commendable compliance by the Rivers State Government.
All factors considered, let me declare for the avoidance of doubt that the Rivers State Government is already complying with the financial autonomy for Rivers State Judiciary before the JUSUN strike and we are assured of continued greater and total compliance.
Considering that we are imperfect humans, it is not possible that there will be contact or discharge of official duty without conflict. Conflict, like contact, is inevitable in human affairs. And with it comes the giving and taking of offence. It is not possible to please everybody. If you want to be liked by everybody, then you cannot be a leader. Here, it is appropriate that I ask for forgiveness from all those it was our inexorable duty to offend in line of duty.
Your Excellency, my Lords, distinguished ladies and gentlemen, having forgiven each other we must also now praise and thank each other for successfully working together.
I thank sincerely, my staff in my court and chambers: Nyengibi, Lizzy, Confidence, my hardworking and diligent Registrars of court, Veronica (my Secretary and prayer partner), Kelechi, (my very hardworking P.A.) Sunny, Jennifer, Ibiso (my Legal Assistants), Henry (my protocol officer), Michael and Hector (my drivers), Monday (my trustworthy Orderly), Nengi and Mangibo, who worked with me diligently, many times late and not sulking when sometimes I shouted at them. It was because I wanted them to be up and doing. Because I was punctual, they were also expected to be punctual. I thank them immensely for their support.
All my Brother Judges of the High Court and Customary Court of Appeal, I thank you all. In particular, My Lord Justice Enebeli, my Brother Judge and friend, permit me to say I am very grateful. In times of difficulties, I call on you, you are always willing to render advise and help. I also thank my Lord Hon. Justice O. Gbasam. The Chief Registrar, the Deputy Chief Registrars and the entire staff of the Judiciary, you all supported me and made my tenure successful.
I thank all the members of Branches of our Bar in the State for their support. I thank the Hon. Speaker, Rivers State House of Assembly, Rt. Hon. Ikuinyi-OwajiIbani for the cordial relationship between the Legislature and the Judiciary. My friends in the Executive Arm of Government; the Secretary to the State Government, Dr. Tammy W. Danagogo and the Hon. Attorney-General and Commissioner for Justice, Prof. Z. Adangor, SAN – I thank you so much. I thank all the members of the Judicial Service Commission and the Secretary and Staff for their team work and support.
I thank the Special Assistant to the Governor on ICT, IbifuroAsawo and his team and the Rivers State Judiciary Information Technology Committee headed by my Lord Hon. Justice E.N. Thompson for their hard work and for the success of the E-Filing and other automation of the Rivers State Courts Management Information System. Thank you for making Rivers State Judiciary the first to fully embrace E-filing of court processes.
I thank all the members of the Administration of Criminal Justice Monitoring Council for their hard work and contributions towards the Administration of Criminal Justice in the State. Now the Magistrates visit police stations regularly to inspect their detention centres. Also we have an office at the court complex for Correctional Officers to help supervise and enforce non-custodial sentences issued by Magistrates and Judges.
I thank the Chairman and all the members of the planning committee of the valedictory ceremonies. I am grateful to you all. God bless you.
My family, my children, my grandchildren, my in-laws, today is a special day and you have always been there contributing to making it so. I thank you and I love you all.
I cannot thank you enough, the courageous and very focused Governor of our State, together with his wife, my Brother Judge, Her Excellency, Hon. Justice Eberechi Suzzette Nyesom-Wike, I thank you both. I have already stated that His Excellency already knows fully well that I am grateful to him. Because of that, I just want to say thank you and to pray for your continued success and that God continues to hold you securely in the palm of His hands.
Looking back, it is evident that God guided my steps up to this day. I am eternally grateful to Him, Owner of life. I am so far, pleased with my years. I could not be more grateful to all. I have now been listed in the roll of not just a fulfilled woman but a woman blessed by God – I have the gift of life, good health in retirement, illustrious children, son-in-law, daughters-in-law, grandchildren, supporting in-laws as well as all the wherewithal as Constitutionally guaranteed, to make my retirement peaceful and joyful, courtesy of the Government of Rivers State under His Excellency.
Ralph Waldo Emerson, the great thinker, aptly stated thus “if we are related, we shall meet again”.And so if we are truly related, whether in service or upon my retirement, we are related, and shall continue to meet in life after now.
We shall continue to meet again and again because we are, I believe, related.
By Eric Elezuo
Mrs. Olufunlola Aderinokun, widow of late former Chief Executive Officer, Guaranty Trust Bank, Tayo Aderinokun, has raised alarm over illegal, dangerous construction and encroachment into her property, Rehoboth Place, situated along Banana Island Road, Ikoyi, Lagos, by the Shell Staff Cooperative Investment and Thrift Society Limited, alerting Governor Babajide Sanwo-Olu through an S.O.S letter to intervene, call the offenders to order, and save her building, its occupants and the general public from more present and unforeseen harm.
Speaking exclusively to The Boss, Mrs. Aderinokun lamented the recalcitrant stance of the Shell Staff Cooperative Investment and Thrift Society Limited, whose building shares a common perimeter fence with Rehoboth Place, and how they have continued their illegal construction, which has consistently defaced Rehoboth Place, in spite of cautions and deterring efforts employed by the government and the residents of Rehoboth Place.
“You need to visit the site to see how these people have defaced an already sitting building, causing structural damages as well as keeping residents of Rehoboth Place on their toes for fear of more structure collapse and/or imminent danger to lives,” she said.
Recalling that Rehoboth Place was built since 2016 according to all laid down construction rules and specifications, she further stated that on many occasions, the scaffolds and other heavy duty equipment including spanners and huge iron bars, used by the Shell Staff Coop builders, have collapsed and dropped into Rehoboth Place building, causing untold structural defacing and fear of possible fatal bodily harm to the residents. This, according to her, is because the Shell Staff Coop building is less than two metres away from the common fence, while the recommended spacing is from six meters.
Recounting to The Boss the genesis of her ordeal with the building developers and the Lagos State government with the General Manager of Lagos State Building Control Agency and Governor Babajide Sanwo-Olu, whom she believes is showing unbelievable favour to Shell Staff Coop at the expense of injuries to lives and properties at Rehoboth Place, Mrs Aderinokun, a 67 years old retired widow, who claims that she can neither sleep well in her own bedroom nor park her car in her own compound because of the noise, danger, debris and mutilation from the Shell Staff Coop construction, narrated that the whole illegality, as she termed it, is dated back to 2020, when the Shell Staff Coop building construction started the piling work.
“As at then, I was not in the country, and because of the COVID-19 issue, many things were played down. However, when I returned to the country in August 2021, after one and half years away from Nigeria, I discovered that they had damaged my property, Rehoboth Place, extensively. My own letting agent didn’t tell me, but was rather negotiating with the offenders on how to repair the damages. Naturally, I was furious and demanded both a halt on the project and thorough compensation for the extensive damage. Note that by then, at Rehoboth Place, a bungalow, the bore hole, the perimeter fence, and other structures were already completely compromised beyond repair.
“However, in 2023, I mobilised structural engineers and the company that built Rehoboth Place originally, Cappa and D’Alberto Ltd, to begin repairs of all the damages that Shell Staff Coop caused. The Engineers wrote off the compromised bungalow and common fence, and insisted that they must be brought down completely before repairs could commence.
“However, while they were carrying out repair and reconstruction works, materials from the Shell Staff Coop construction continued to drop inside the compound from very high levels, making it impossible for safe and healthy work to continue at Rehoboth Place. Debris of cement, water, polystyrene particles and bars, tools and other dangerous materials were constantly dropping into Rehoboth Place from high levels, and so the workmen had to abandon the job, and ran for dear life. It wasn’t safe. It was not healthy. Cappa & D’Alberto Ltd wrote to demobilise from the site of Rehoboth Place in July 2023, and cannot return to the site till date because of the danger from Shell Staff Coop construction, while Lagos State looks away!
“As at today, I can’t park my car in my own compound. The huge terrace at Rehoboth Place, next to the building of Shell Staff Coop and the swimming pool at Rehoboth Place, have not been usable since May 2023, till date. While I was getting ready to sue Shell Staff Coop for the damages caused to the building, the scaffolding of Shell Staff Coop fell on the 5th floor of Rehoboth Place on 19th July 2023. This could amount to a criminal offence under the laws of Lagos State as it constitutes danger to human life and public safety,” she said.
Mrs Aderinokun’s complaints to the Lagos State Building Control Agency, under Mr Gbolahan Oki, led to an inspection and subsequent sealing of the site to stop further construction in July 2023.
“Mr Oki stated to me over the phone on 1st November 2023 that the Shell Staff Coop will pay for the damages, and that, ‘even if it’s the governor that is the one building there, they (Lagos State) will do the right thing’. I’m surprised that Mr. Oki is the one who’s no longer responding to the matter today. And on January 15, 2024, the Lagos State government allowed Shell Staff Coop to return to site, and resume construction, alarmingly without addressing any of the reasons for sealing up the Shell Staff Coop building for almost 6 months! The knocks from the close construction of Shell Staff Coop woke me up from my bed on 15th January 2024 and have continued until now, 7 days a week,” she noted.
As a follow up, Aderinokun recalled that on January 20, 2024, writing in her capacity as the Director of her company, Quadro Investment Limited, owner of the property, Rehoboth Place, she again appealed to the Lagos State Building Control Agency via the General Manager, and re-detailed the hazards that the construction of the Shell Staff Coop portend, and continues to unleash, and appealed that the government should put a stop to the building or at most curtail the dangers inherent. She wondered why the construction was allowed to resume six months after sealing up, with nothing to show that due diligence has been done.
The letter, which was titled “Re: Construction of Multiple Storey Building Against Building Regulations Along Banana Island Road, Etisalat LGA, Ikoyi, Lagos, Which Shares a Common Perimeter Fence with Our Property, Rehoboth Place”, reminded the Agency that the ongoing construction of the Shell Staff Coop, was sealed up by Lagos State officials on July 25 2023, when they visited and they discovered certain unpalatable infractions including absence of airspace and protection against damage to the adjoining premises of Rehoboth Place and others, among many other inanities.
In their capacity as a regulatory agency, the LSBCA had, in July 2023, assessed the scene and discovered as follows:
1. That the safety nets were not properly installed,
2. Blockade of public drainage facilities as a result of the construction work,
3. Damage of adjoining property due to effects of construction,
4. Inadequate airspace of right side of the structure.
Therefore, the Agency came up with certain recommendations, which were pasted on the fence of the construction site of Shell Building Cooperative. The recommendation was a point-blank order to stop the construction of the building as a result of the following reasons: 1. The development was unauthorized 2. The development did not conform to the planning permit issued by the Lagos State Physical Planning Permit Authority. 3. There’s no authorization to commence construction by LSBCA as required by law, and 4. The structure erected is contrary to Building Control Standards.
The Agency concluded its recommendation with sealing up authorization that the building should stop henceforth with the service of the Order.
“That was on 25 July 2023, but the construction resumed on 15 January 2024 with no evidence of the noted hazards controlled, and events at the site have continued to put Rehoboth Place and its occupants in harm’s way, The 10 inches spanner fell onto the ground floor of Rehoboth Place on 29th January 2024, from a height of about 7 or more floors of the building of the Shell Staff Coop! If the spanner had fallen on the head of anyone at Rehoboth Place, the fatality that could have happened can only be imagined” Aderinokun lamented.
The letter is presented in details below:
22 January 2024.
The General Manager,
Lagos State Building Control Agency,
Muiz Banire Street,
Off Oba Akinjobi Way,
GRA, Ikeja.
Dear Sir,
RE: CONSTRUCTION OF MULTIPLE STOREY BUILDING AGAINST BUILDING REGULATIONS ALONG BANANA ISLAND ROAD, ETI-OSA L.G.A. IKOYI, LAGOS; WHICH SHARES A COMMON PERIMETER FENCE WITH OUR PROPERTY REHOBOTH PLACE.
The above-described development, which is an ongoing construction and adjacent to our property, Rehoboth Place (at Plots 16-17, along Banana Island Road, Ikoyi, Lagos) was sealed up by your agency on 25th July 2023 for a number of infractions, amongst which were the absence of protection and airspace against damage to the adjoining premises of Rehoboth Place and others. Please find attached here, copies of the contravention notice and stop work order pasted by your Agency on the construction site.
On 16th January 2024, work recommenced at the construction and it appears that the property has been unsealed. This is despite the continued absence of protection on the construction works and airspace to Rehoboth Place. As a result, both our property (Rehoboth Place) and its occupants have been placed back at risk of suffering substantial damage, serious injury and/or death due to debris and other things falling into Rehoboth Place from the construction site. Please find attached here, photos of some of the items that have fallen into Rehoboth Place from the adjoining construction site before the sealing up of the site by your Agency.
Further, the building remains less than the stipulated distance from its boundary with Rehoboth Place, which is a clear, and continuing breach of building regulations.
In the circumstances, we are left to speculate as to the reasons why the construction site has been permitted to continue, even as the specific contraventions, for which it was ordered to stop work, continue un-remediated, almost 6 months later. It would appear that the attitude that has resulted in a number of building tragedies in Lagos State continues to prevail within your Agency.
We hereby notify you that we will not fold our arms and do nothing, while our property is exposed to further trespass and the possibility of serious injury and/or loss of life to its occupants. Should any injury and/or death be suffered by anyone at all, please be in no doubt that a report will be made to law enforcement agencies and the contents of this letter and those of our other appeals to Lagos State on this matter, will be brought to the attention of the appropriate authorities.
In the circumstances, we are constrained to issue this notice demanding that you enforce the building regulations on the above-stated construction works, failing which we shall have no option, other than to institute legal proceedings to compel you to fulfil your statutory obligations.
Thank you.
Yours faithfully,
Olufunlola K. Aderinokun.
Director.
With no commensurate response from the LSBCA, and the sensing the criminal intent, Aderinokun petitioned the Commissioner of Police, CP Fayoade, and copied the AIG zone 2, the Attorney-General and Commissioner for Justice and the Commissioner for Environment, to use his good office to stop the construction before injuries or even death are recorded.
The letter is produced below:
20 February 2024.
The Commissioner of Police,
Lagos State Police Headquarters,
Muiz Banire Street,
GRA, Ikeja,
Lagos State.
Dear Sir,
RE: PETITION ON THE BUILDING CONSTRUCTION THAT IS AGAINST PUBLIC SAFETY, CONTRARY TO SECTION 123 OF THE CRIMINAL LAW OF LAGOS STATE, 2015, CURRENTLY TAKING PLACE AT THE PROPERTY THAT ADJOINS REHOBOTH PLACE (A RESIDENTIAL DEVELOPMENT) SITUATE ALONG BANANA ISLAND ROAD, IKOYL, LAGOS.
We are the owner of Rehoboth Place, situate at Plots 16-17, Banana Island Road, Ikoyi, Lagos.
The construction works adjoining Rehoboth Place belongs to, The Shell Staff Cooperative Investment and Thrift Society Limited, whose office address is at Freeman House, 21/22 Marina, Lagos State.
Please refer to the above subject matter and the self-explanatory letter, which is attached here, dated 22 January 2024, written by us to the Lagos State Building Control Agency (LSBCA).
In addition to the contents and attachments to our said letter written to the LSBCA, please find attached here, photos of 3 (three) more injurious items, which fell into Rehoboth Place from the adjoining compound at various times.
The big blue piece of iron (contained in the attachment to the letter to the LSBCA), which weighs about 8 kilograms, fell from the adjoining compound into Rehoboth Place, sometime in July 2023, while the 10 inches spanner, fell from the adjoining compound into Rehoboth Place at about 10.45am on 29th January 2024. The iron rod that is about 60 inches long, weighs two & a half kilograms.
All the items fell onto the ground floor of Rehoboth Place from heights of 6th, 7th, 8th and 9th floors of the adjoining construction works, which are obviously being constructed, too close to Rehoboth Place and other neighbouring properties, in contravention of the building laws, regulations and permits of Lagos State.
We hereby, humbly appeal to your office, to take all necessary action to investigate the ongoing danger to human life and public safety, that is being posed by the owners and occupiers of the property adjoining Rehoboth Place.
Furthermore, we appeal to you, to use your good offices to ensure that the said dangerous construction works, which are being carried out in the adjoining compound to Rehoboth Place are stopped immediately before any further crime in committed, particularly before the occurrence of any loss of life or serious injury to anyone,
We trust in your kind and urgent attention to this matter.
Thank you.
Yours faithfully,
DIRECTOR.
Cc:
1. The Attorney-General and Commissioner for Justice,
Lagos State Ministry of Justice,
The secretariat, Block 2,
Alausa, Ikeja.
2 The Assistant Inspector-General of Police,
The Nigeria Police Force, Zone 2,
Command Headquarters,
King George V Road, Onikan,
Lagos State.
3. The Commissioner of Environment and Water Resources,
Ministry of Environment and Water Resources,
The Lagos State secretariat,
Alausa, Ikeja.
With no response from the General Manager, Mr Gbolahan Oki, the Rehoboth Place owner, having established a criminal intent with the Police, resorted to writing the governor one more time, whom she had been privileged to discuss the matter with via phone and in person on several occasions. It is on record that Aderinokun had earlier on August 8, 2023 and November 28, 2023 written to the governor on the same issue. But like the manager of Lagos State Building Control Agency, neither the governor nor his office responded.
“They practically called my bluff, without a care of what their silence and inaction on these matters is causing to me personally, to other members of the public and/or may cause in the future,” Aderinokun said.
Below is the full letter addressed to the governor:
29th February 2023.
Mr. Governor, Babajide Sanwoolu,
Executive Governor,
Lagos State of Nigeria,
Governor’s Office,
Alausa,
Lagos State.
Dear Mr. Governor,
PLEASE, SAVE OUR SOULS.
RE: IN RESPECT OF THE ONGOING CONSTRUCTION OF MULTIPLE STOREY BUILDING AGAINST BUILDING REGULATIONS ALONG BANANA ISLAND ROAD, ETI-OSA L.G.A. IKOYI, LAGOS; POSING A DANGER TO THE ADJOINING PROPERTY-REHOBOTH PLACE AND HAS CAUSED STRUCTURAL DAMAGES & COLLAPSE OF STRUCTURES AT REHOBOTH PLACE.
I am the managing director of Quadro Investment Limited, the registered owner of Rehoboth Place, which is situated at Plots 16-17, along Banana Island Road, Ikoyi, Lagos, built and completed in the year 2016.
The owner of the ongoing construction which shares a common fence with Rehoboth Place, is Shell Staff Co-operative Investment & Thrift Society Limited (hereinafter called, “Shell Staff Cooperative”) with office address at Freeman House, 21/22 Marina, Lagos.
I am hereby writing an S.O.S., Save Our Souls to Mr. Governor for the reasons set out below.
1. People are continuously exposed to danger of serious injury and/or death at Rehoboth Place because the Lagos State authorities have allowed the construction work by Shell Staff Cooperative to continue, despite the danger it poses to the neighbourhood, its continuous pollution to the environment and the fact that it does not meet the building laws and regulations of Lagos State.
2. In respect of this subject matter, Quadro Investment Limited has written to:
2.1 you, Mr. Governor, by its letters dated 08 August 2023 and 28th November 2023;
2.2 the Lagos State Building Control Agency by its letter dated 22 January 2024;
2.3 the Commissioner of Police, Lagos State, by its letter dated 20 February 2024. This letter was copied to, the Attorney-General and Commissioner for Justice, Lagos State and the Assistant Inspector-General of Police, Nigeria Police Force and the Commissioner of Environment and Water Resources, Lagos State.
Copies of the letters stated in 2.2 and 2.3 above are attached here.
3. In addition to the above, I have made several personal appeals to you, imploring you to grant me an audience to meet with you, to explain the situation to you after my letters and for you to look into this matter and direct Lagos State authorities to ensure that its own Building Regulations and Laws are adhered to in the construction by Shell Staff Cooperative. Unfortunately, all my efforts appear to have been ignored.
4. The on-going construction by Shell Staff Cooperative, which is on its 9th floor and still going up, stands less than 2 meters to its common fence with Rehoboth Place and has caused extensive damage, including collapse of structures at Rehoboth Place. It is posing a danger to life and health in the neighbourhood and at Rehoboth Place. While Lagos State has allowed the construction by Shell Staff Cooperative to continue, the owners of Rehoboth Place cannot use their own property, for fear of danger to life!!
5. Injurious and life-threatening items like big iron bars, weighing 8kg, other iron rods weighing 3kg and 1kg, a 10 inches long spanner, huge polypyrene bars have fallen from heights of 6th, 7th, 8th and 9th floors of the ongoing construction by Shell Staff Cooperative into the ground floor of Rehoboth Place at various times in 2023, and on 29th January 2024. Also, rains of construction water, cement, dust and particles of polypyrene and nylon continuously shower and fly into the airspace, terraces, swimming pool, onto motor vehicles, other valuable properties and indoor living areas at Rehoboth Place. Please find attached hereto, photos to back this up.
6. The scaffolding being used for the construction by Shell Staff Cooperative fell onto the 5th floor of Rehoboth Place on 19th July 2023, which led to a Contravention Notice and a Stop Work Order being pasted on the construction site of Shell Staff Cooperative on 25 July 2023. Please find photos attached here. From then on, the site remained closed for work, for about 6 months, until 15th January 2024, when work suddenly resumed at the constructions of Shell Staff Cooperative, without addressing a single one of the reasons for the sealing up of the premises as stated in the Contravention Notice, including the non-application of safety net on the construction site. Please find attached here, shown in the videos recorded in the flash drive and photos of the dangling scaffolding on Rehoboth Place.
7. Since 15th January 2024, construction by Shell Staff Cooperative have continued, 7 days a week, including outside regulated working hours in a residential area, during night time hours, without any regard for neighbours. They start as early as 7am, waking me up from my sleep with consistent provocative sounds of hammer/iron knocking on iron, 7 days a week, week after week, without any break. Also, on 26th of January 2024, I was woken up from my sleep at 12.00 midnight because of the noise of the truck, working past midnight at the constructions of Shell Staff Cooperative. Please find the proof of this shown in the videos recorded in the flash drive attached here.
8. The non-stop early morning knocking noise (7 days a week) from construction by Shell Staff Cooperative have had untold impact on my brain, psychology and well-being. Part of the reasons that certain distances are prescribed and legislated between buildings, is to avoid noise from one building into another. Since 15th January 2024 to date, it has been like living on a construction site at Rehoboth Place, every day, non-stop, and not a single day of break. Sir, please permit me to add here, that by God’s grace, I am a 67 (sixty-seven) years old widow, resident and indigene of Lagos State.
9. I cannot walk around my compound, I cannot park my car in my own home at Rehoboth Place and we are not able to use our terraces, because of the showers of cement, dirt, dust and polystyrene particles raining from the constructions of Shell Staff Cooperative, onto our cars, other valuables and terraces at Rehoboth Place. Also, we have not been able to use the swimming pool at Rehoboth Place since April 2023 up to the date of this appeal. Please find attached here, the photo of the unhealthy materials from the construction by Shell Staff Cooperative inside the pool and on our terraces at Rehoboth Place, even inside our flower pots on the 5th floor!!!
10. Yet, Lagos State is looking away from this blatant disregard of its building regulations and laws, pollution of the environment, to favour the constructions of Shell Staff Cooperative at the expense of the users of Rehoboth Place.
11. Meanwhile, Lagos State recently banned the use of styrofoams and single use plastics in the State. Sir, it is my humble opinion that Lagos State needs to go further and ban the use of polystyrene in construction sites. The construction workers of Shell Staff Cooperative have been seen cutting into smaller bars, at high levels of 6th, 7th, 8th floors, huge polystyrene bars, without any protection, thereby spraying unhealthy particles of polystyrene, with high health hazards to the neighbourhood and onto Rehoboth Place.
12. Also shown in the videos recorded in the flash drive attached to this letter, is the video of Mr. Gbolahan Oki, the General Manager of the Lagos State Building Control Agency when he visited Rehoboth Place on 2nd November 2023. Unfortunately, Mr. Oki has not matched his words with actions and instead, has allowed the constructions of Shell Staff Cooperative to continue, despite the potential of the occurrence of a catastrophe.
13. Sir, my life and the lives of others are being put to danger by the construction of Shell Staff Cooperative, particularly because of its closeness to Rehoboth Place.
14. Sir, I’m not willing to wait until people are seriously injured and/or someone dies, before I cry out to the public. There is a potential of criminal offence being committed by the closeness of the constructions of Shell Staff Cooperative to Rehoboth Place. The photos and videos that I have attached here and the sealing up of the construction by Shell Staff Cooperative for about 6 months by Lagos State, speak volumes and I am sincerely not exaggerating.
15. Again, I hereby personally implore Mr. Governor, to use your good office to ensure that another unfortunate catastrophe related to building collapse, serious human injury and/or death does not happen in Lagos State, in this matter.
Sir, I am trusting in your speedy good judgement in this matter. Thank you, Sir.
Yours faithfully,
Mrs. Olufunlola K. Aderinokun (née Agusto).
It will be noted that building collapse has remained a recurring decimal in Lagos State. One can recall that a massive Ikoyi building, located not too far from Rehoboth Place, collapsed in 2022, and claimed lives of prominent Nigerians with many other budding professionals.
“All we are doing is to prevent a disaster lurking in the corner, and for me to have a safe and peaceful possession of my property,” Aderinokun concluded.
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