A new Lagos State Environmental law is stipulating a prison term or fine for residents who drill boreholes without government authorisation, PREMIUM TIMES has learnt.

The legislation specifically criminalises sale or distribution of water by container, tanker, or any other method without a valid license issued by the Department of Water Resources.

The bill, passed by the state House of Assembly, is yet to be signed into law by Governor Akinwumi Ambode.

The government says it targets commercial users, but activists fear the ban may affect private citizens, who struggle daily to get water through individual effort.

“The salt rubbed on the injury is the fact that as we speak, the public has not set eyes on the new bill to ascertain if our fears and objections raised at the Public Hearing were incorporated into what was eventually passed,” said Akinbode Oluwafemi, Deputy Director, Environmental Rights Action/Friends of the Earth Nigeria, during a press conference in Lagos on Monday.

The problem with the Bill

On February 20, the Lagos House of Assembly passed “A Bill for a Law to Consolidate all Laws Relating to the Environment for the Management, Protection and Sustainable Development of the Environment in Lagos State and for Connected Purposes” into law.

The Bill was passed less than two weeks after activists and environmentalists challenged its key sections at a public hearing.
A section (7.2.a) in the draft Bill secured the “payment of contracted services and concessions for long term infrastructure investments with an irrevocable Service Payment Order as the first line charge on the State’s Internally Generated Revenue.

In section 7.2.b., it states that, “In the event that the state’s IGR is insufficient or unavailable to discharge its obligations, the state should apply monies due to it from the federal monthly allocation or any other source to secure its payment obligation to contractors and concessionaires under the law.”

Mr. Oluwafemi described both sections as anti-people and would tie the hands of Lagos citizens to ambiguous agreements.

“These clauses will make government, through taxpayers money, to pay corporate entities without fail even when there are other pressing issues requiring funding.

“Literally, it is saying if passed, the Lagos State government must pay these corporate entities before spending on salaries, healthcare, roads and so on.

“We also feel Lagosians should have a say on how the state’s federal allocation will be used. These provisions elevate government spending towards private concessions over all other government spending.”

The most controversial aspect of the draft Bill, however, is its provisions towards access to drinking water in the state.

Section 137(1)(a) stipulates that, “No person or group of persons shall sink or cause to be sunk boreholes, hydraulic and other structures connected with the supply of surface ground water or treated water without obtaining the necessary permit from the Office of Drainage Services.”

Section 141(1)(a) says no person or group of persons shall “Abstract water from any lake, river, stream or other natural resources forming part of state water except with the approval of department of water resources of the Office of Drainage Services.

In 141(1)(c), it states that no person or group of persons shall “Make, sell, distribute or cause to be made, sold, or distributed water by container, tanker or any other method whatsoever without a valid licence being issued by the Department of Water Resources of the Office of Drainage Services.”

An individual convicted under the law will pay a N100,000 fine or serve a six month jail term or both; for an organisation, it is N500,000 and confiscation of its equipment.

Mr. Oluwafemi said the law does not mention how it will affect owners of existing boreholes in the state.

“We feel provisions in these sections should be clarified properly,” he said.

“Threatening imprisonment for distributing water to meet the needs of the disenfranchised unless this applies only to large corporations like the breweries and bottling companies.
“Or else, it would mean for instance, that a person who gathers water from a stream or tap in his apartment and gives it to family or neighbour in need with go to jail for six months.”

The law has been roundly condemned.

Agnes Sessi, the president of African Women Water, Hygiene and Sanitation Network, said the “draconian” law would cause untold hardship to the people.

“One of our rights as citizens is to live, to have good water to drink, good environment,” said Mrs. Sessi.

“If government has failed to provide water for us, they do not have the right to take away our efforts to provide for ourselves. Do they want us to die?”

Betty Abah, Executive Director of CEE-HOPE, said the very vulnerable in Lagos are currently under threat due to government policies.

“A government is supposed to provide for the people, protect their interests, but we have a government that seems to want to fight the people.”

Achike Chude, vice president of Joint Action Front, said Lagos is a pilot state and other states would soon begin criminalising sinking of boreholes.

“The issues are very clear and each time we are confronted with situations like these, we can’t help but ask why government subjects Nigerians to all kinds of misery and difficulties.”

http://www.premiumtimesng.com/news/headlines/224917-lagos-criminalises-drilling-boreholes-without-permit.html

Even on one's own land?

[/b]That is not a good one[b],there maybe outbreak of water borne diseases in Lagos if care is not taken

there is an effective water management in Lagos state, which explains the law.

I am a little bit confused, what you can't provide as government, I did for myself and for the people around me.. you're now as me to take permission from you to drill borehole within my living compound.. ikojaye re

The law is dead on arrival...
I need permit to fetch water from a river please spare me these nonsense

God bless Mrs Sessi. To fetch water from a stream and watch cloth is now a problem to Lagos state. U guys need spiritual help

Na their money ah dey use dig abi Na on top their land? These pple just dey make life difficult for the poor. DiarisGod o

These people are mad.
Punishing people for trying to provide the same amenity the govt should be providing. I guess that approval will cost some more money abi? Ontop the borehole cost.. tufiakwa

Now I can say for sure this country is really a practical joke..

we don kuku dig our own finish...foolish govt

Nawa ohh

Some should be arrested and jailed to serve as deterrent to others. Indiscriminate borehole drilling could lead to natural disaster.

huh? is it your hole I am drilling?

If I choose to make a hole and fetch water from it inside my house or Farm.... it shouldn't be anybody's goddamn business. Even if Lagos state provides water supply all round the clock it still shouldn't worry them that I am using a bore hole. Very soon, we will be charged for using wind turbine, Solar panels and inverters for power supply thr government doesn't give.


even if them give sef... I still go like use wetin I like!

based on logistics... kole werk

So i can not provide water for myself and people around me again until i take permission... Well, in Lagos anything can happen..
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There would be no need for drilling boreholes if Lagos state water corporation is fully functional.

Who will criminalise Ambode, Fashola and Tinubu for their non provision of tap water to Lagos state residents since 1999 despite billions and billions of annual budget, IGR and loans?
Who will criminalise the rogues?

All these people in government were not God fearing people how are they asking for something you can not give there is God oooo

..

With all the excessive water we have in Lagos island,
We shd be begging other states to come and take some.

funny policies all around.

Make I kukuma put pumping machine for my well be that.. RABBISHHH

Mr ambode needs a copy of ( Things fall apart.) That will let him know the direction he his headed with this law. What u failed to provide you are now making it harder for people to provide it for themselves.

In that case we all need to also get generator permit and licence before we can buy and use one in the houses, since that also causes noise pollution. Cos what is good for the goose is also good for the g....

As I said my go-mi-nor. Get a copy of Things fall apart.

SurePresident:
Some should be arrested and jailed to serve as deterrent to others. Indiscriminate borehole drilling could lead to natural disaster.

Who should arrest and jail Ambode, Fashola and Tinubu for indiscriminate treasury looting that has led to non availability of ordinary tap water which is a natural health disaster?
Who should arrest and jail them?

This Lagos self ! It will get a stage that if u want to defecate u must pay govt dues..... Water u na no go provide, to make provision for ourselves now na trouble again......na wa oo

...and the process to feed tinubus war chest for presidential ambition begins

Eediots the crase to collect money from people will not let them see road.

Borehole license

Resident license

Dstv license



Thank God for Ogun state

Very soon it will be a crime to have your own generator without permit or even employing a gate man with permit. The taxation government I hail.

SurePresident:
Some should be arrested and jailed to serve as deterrent to others. Indiscriminate borehole drilling could lead to natural disaster.

This guy funny ohh.
Sorry but do you live in Lagos or Nigeria at all.
If you don't please don't get your fingers burnt with this statements.

Water is the last basic amenity any sensible country or goverment should be able to provide after at least 50 years of independence so let's not even go through that route.
And also Mr sure president this kind of statement can never make you president at this rate.

Provide water... No.. We provide our water... E dey affect u.
Soon fishermen and farmers will start paying to farm because they are making use of natural resources.
Don't use private securities, depend on govt policing.

Kuku tell us to pay for walking on tarred road...(were is your walking permit)