The Lagos State Government has accepted the recommendation of the investigative panel, which probed the tragic collapse of a 21-storey building on Gerrard Road, Ikoyi, Lagos, to demolish the remaining two 15-storey structures on the site.
No fewer than 45 persons, including the developer, Mr. Femi Osibona, Managing Director of Fourscore Heights Limited, died in the disaster which occurred in the afternoon of November 1, 2021.
The demolition of the remaining structures is one of the 26 recommendations accepted by the government, out of 28 recommendations submitted by the Toyin Ayinde-led panel that investigated the collapse of the 21-storey building.
Two of the recommendations were rejected for being “nebulous”.
In a statement, following the White Paper on the panel’s report, the state government accepted the recommendation of the panel that the developer of the collapsed building, Fourscore Heights Limited, be prosecuted because of loss of lives on the site.
Upon the receipt of the panel’s report on January 5, 2022, the governor set up a four-man committee led by the Commissioner for Special Duties, Tayo Bamgbose-Martins, to produce a White Paper on the panel’s report.
The Bamgbose-Martins-led committee subsequently tendered its White Paper, representing the position of the state government on the collapsed building. The government accepted 26 of the 28 recommendations and rejected two.
The accepted recommendations are reproduced in part: “The Developer, having been negligent, should forfeit the Project Site to the LASG in accordance with Section 25(4) of the Revised LABSCA Regulation 2019
“The Developer, Fourscore Heights Limited should be prosecuted because of the loss of lives involved.
“Based on Structural Diagnostics Survey Report, annexed as Schedule 2 to this Report, and in the interest of the safety of lives in the environment, the Tribunal recommends, that the existing 2 Nos. 15 storey buildings should be demolished using the controlled demolition technique in order to reduce the effect of the demolition on the surrounding buildings and avoid self and uncontrolled collapse. In addition, the Tribunal also recommends evacuation of all occupants within a 45m radius from the extreme boundaries of the blocks in the interest of public safety while arrangements are made for the controlled demolition.
“The various participants should face disciplinary action and prosecution as applicable.
“The civil public servants found culpable should face the civil service disciplinary panel and prosecution where applicable.
“There would be need to take a serious decision on what to do to those who use their political weight to harass and intimidate career civil servants who are merely discharging their statutory functions.”
In its comments, the state government agreed with all the recommendations stated above.
“Lagos State Government agrees with this recommendation and will forward to the Office of the Attorney General and Commissioner for Justice to institute appropriate charges against Fourscore Heights Limited.
“Lagos State Government agrees with this recommendation and will forward to the relevant Ministry, Department or Agency to take necessary steps provided by law to carry out the controlled demolition of the two remaining Blacks A and B in an effective and safe manner,” the White Paper partly read.
The state government also agreed that the various participants should face disciplinary action and prosecution as applicable. The government said the Attorney General of Lagos State will initiate the process of prosecution for all erring actors.
It, however, said the prosecution of the government officials that acted on the 2019 approval of the building will first be done by the Personnel Management Board.
“The disciplinary process for civil servants has to first be done through Personnel Management Board in line with the Public Service Rules. The disciplinary process is to be set up immediately and concluded within fourteen (14) days,” the White Paper added.
Also, culpable government officials including three town planners and civil servants will be prosecuted for lying under oath, and for using a private consulting company to create a fake approval that the building was good to go.
Other recommendations of the panel welcomed by the government include that the Lagos State Building Control Agency (LASBCA) should be the only agency authorised to seal up buildings short of standards and that all other monitoring agencies should go through the LASBCA to seal any project in the state. Others are that the regulatory authority should be well-staffed, material testing laboratory should be adequately funded and equipped, the National Building Code for Nigeria should be domesticated and that the individuals and companies found wanting in the building collapse should be referred to their professional bodies including the Council for the Regulation of Engineering in Nigeria.
The state government has since directed the Office of the Attorney-General and Commissioner for Justice to institute appropriate charges against the company.
For failing structural tests, the two 15-storey buildings have also been approved for demolition through controlled demolition technique, having been recommended for such by the tribunal and accepted to by the state government.
The White Paper also recommended the “evacuation of all occupants within a 45m radius from the extreme boundaries of the blocks in the interest of public safety.”
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