The menace of building collapse incidences in Nigeria. The need for strict enforcement of applicable planning laws

Abstract

The paper highlights the menace of building collapse incidences in Nigeria, the causes and the need to enforce laws to reduce these. It examines the postulations of scholars; applicable laws such as nigerian urban and regional planning act 1992 (NURPA); urban and regional planning and development law of Lagos state 2010 (URPDL) and the effectiveness of regulatory bodies such as town planners registration council (TOPREC) among others in curbing these incidences. Enabling planning laws in Japan is discussed. The paper concludes that the law is adequate in Nigeria but there is the need to enforce the provisions of these laws.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 ER Alexander, Approaches to Planning: Introducing Current Planning Theories, Concepts, and Issues (2nd ed, 1992, Gordon and Breach Science Publishers, Luxembourg) 2–3.

2 P Booth, ‘Planning and the Rule of Law’ (2016) 17 (3) Plan Theory Pract 344.

3 P Ryan, ‘Freedom of Property – An Urban Planning Perspective’ (1988) 11 UNSWLJ 49–51.

4 BJ Frieden, ‘Legal Role in Urban Development’ (1965) 12 UCLA L Rev 856–7.

5 JR Nolon, ‘Comparative Land Use Law: Patterns of Sustainability’ (2005) 37 Urb Law 811.

6 SM Reid, ‘The Scope of Planning Law in England: Decision Criteria in Development Control’ (1978) 10 Urb Law 646.

7 Ibid at 667.

8 P McAuslan, Ideologies of Planning (Pergamon Press, Oxford 1980) 2–5.

9 The 1863 Town Improvement Ordinance.

10 The Nigerian Institute of Town Planners: State of Planning Report at 5 <http://nitpng.com/pdf%20docs/soplanning.pdf> accessed 3 March 2016.

11 The Urban and Regional Planning Act of 1992 (NURPA) cap N138 Laws of the Federation 2004.

12 Attorney General of Lagos State v Attorney General of the Federation and 35 others (2003) 12 NWLR (pt. 833) 60.

13 See part 1 of the Second Schedule to the Constitution of the Federal Republic of Nigeria (CFRN), 1999 as amended.

14 Ibid. Section 4(7).

15 Ibid. Section 5 (2).

16 K Ali, ‘COREN President Assessing School Building Collapse in Jos’. <netthroughwww.dailytrust.com.ngnetthroughwww.dailytrust.com.ng/news/general/corenassessing-collapsepresident/110822.html> accessed 4 January 2020.

17 SP Ejeh, ‘Building Collapse Phenomenon in Nigeria: The Role of NBRRI’. Published at NBRRI Proceedings of Stakeholders Forum, 2011 at 67–77.

18 Ibid.

19 K. Ali (n.16 above).

20 The same law also applies in other states of Nigeria with similar provisions as Lagos. But we will be discussing the Lagos state law which is in pari materia with other states in Nigeria and it records the highest number of incidences of building collapse.

21 See generally FC Omenihu, LO Onundi and MA Alkali, ‘An Analysis of Building Collapse in Nigeria (1971–2016): Challenges for Stakeholders’ <www.unimaid.edu.ng/Journals/…/10%20Omeniru%20et%20al.pdf> accessed 8 February 2020.

22 Ibid.

23 Ibid.

24 ‘Nigeria: 13 Building Collapse Incidence Kills 29, Injures 76’ <https://allafrica.com/stories/201906030071.html> accessed 3 April 2020.

25 See J Kuta and DM Nyaanga, ‘Effect of Quality of Engineering Materials on Construction and Quality of Buildings: A Case Study of Nairobi, Kenya’ (2014) 3 Prime J Soc Sci 608–11. A Kenyan study carried out by both authors revealed that most collapsed buildings were constructed with low-quality building materials and incompetent craftsmen and that there was a lack of political will to enforce existing building codes.

26 LA Asante and A Sasu, ‘The Challenge of Reducing the Incidence of Building Collapse in Ghana: Analyzing the Perspectives of Building Inspectors in Kumasi’ <https://journals.sagepub.com/doi/full/10.1177/2158244018778109> accessed 5 May 2020. On 7 November, 2012 at Achimota, Accra, a six-story Melcom shopping complex collapsed, 14 persons died and 70 were injured. On 22 June 2015 at Apatrapa, Kumasi, a five-story building collapsed. No casualty.

27 ‘See Church Collapses on Easter Service Killing 13 People in South Africa’ <https://www.independent.co.uk/news/world/africa/south-africa-church-collapse-thirteen-dead-easter-service-dlangubo-pentecostal-a8878226.html> April 18 2019. accessed 7 April 2020.

28 IG Chendo and NI Obi, ‘Building Collapse in Nigeria: The Causes, Effects, Consequences and Remedies’ <www.Eajournals.Org/…/Building-Collapse-In-Nigeria-The-Causes-Effects-Consequence> accessed 9 March 2020.

29 Ibid.

30 Ibid.

31 ‘Essay Sauce Essay: Preventive Measures – Building Collapse’<https://www.essaysauce.com/engineering-essays/preventive-measures-building-collapse/> accessed 19 February 2020.

32 CA Ayedun, OD Durodola and OA Akinjare, ‘An Empirical Ascertainment of the Causes of Building Failure and Collapse in Nigeria’ (2012) 3(1) Mediterr J Soc Sci 313–24.

33 KO Dimuna, ‘Incessant Incidents of Building Collapse in Nigeria: A Challenge to Stakeholders’ (2010) 10(4) Global J Res Eng 75–80. See also AN Ede. ‘Building Collapse in Nigeria: The Trend of Casualties in the Last Decade (2000–2010)’ (2010) 10(6) Int J Civil Environ Eng, IJCEE-IJENS 32–42.

34 OJ Ameh, KT Odusami and FO Achi, ‘An Assessment of Professional Ethics Content in the Academic Curriculum of Construction Disciplines in Nigerian Universities’. Built Environment Education Conference. CEBE. <http://www.peertechz.com/articles/JCEES-3-117.php> accessed 11 March 2020.

35 SA Oloyode, CB Omogun and OA Akinjare, ‘Tracking Causes of Building Collapse in Nigeria’ (2010) 3(3) J Sustain Dev 127–32.

36 SO Adebayo, ‘Improving Building Techniques. Proceedings of a Workshop on Building Collapse: Causes, Prevention and Remedies’. The Nigerian Institute of Building, Lagos State, (2000) 48–51.

37 GM Ayininuola and Olalusi, ‘Assessment of Building Failures in Nigeria: A Case Study of Lagos and Ibadan’ (2004) 5(1) Afr J Sci Technol 73–78.

38 JO Ukpata, ‘Structural Design as a Panacea for Building Failures in Nigeria’ A Paper Presented on the Occasion to mark the Vocational Service Month of Hilltop at Paradise City Hotel Calabar, 15 October 2006.

39 RE Olagunju, SC Aremu and J Ogundele, ‘Incessant Collapse of Building in Nigeria: An Architect’s View’ (2013) 3(4) Civil Environ Res 790.

40 IY Ikpo, ‘Application of Weibull Distribution Technique in the Prediction (MTBF) of Building Component’ (1998) 1(1) Niger J Constr Technol Manage 79–87.

41 CS Ola, Town and Country Planning and Environmental Laws in Nigeria (Oxford University Press Ltd, 1977) 15–38.

42 Ibid.

43 AO Ozo, ‘Housing Conditions of the Urban Poor in Benin City, Nigeria’ in Makinwa and Ozo (eds), The Urban Poor in Nigeria (Evans Brothers Nigeria Publishers Ltd 1987) 228–29.

44 T Agbola, ‘The Development of Planning Legislations and their Impact on the Morphology of Nigerian Cities’. Mimeo, Centre for Urban and Regional Planning, University of Ibadan (1992).

45 Ochendo and Obi (n.28 above).

46 Ibid.

47 Ibid.

48 Ibid.

49 Stears Business, Why Nigerian Buildings Will Continue to Collapse. <https://www.Stearsng.Com/Article/Why-Nigerian-Buildings-Will-Continue-To-Collapse> accessed 7 June 2020.

50 D Dahiru, AD Abdulazeez and M Abubakar, ‘An Evaluation of the Adequacy of the National Building Code for Achieving a Sustainable Built Environment in Nigeria’ <https://maxwellsci.com/print/rjees/v4-857-865.pdf> accessed 11 January 2020.

51 Ibid.

52 Ibid.

53 TS Ojambati, ‘The Need for Code of Conduct, Building Regulations and Bye Laws for the Building Industry in Nigeria’ (2001) J Niger Inst Build 34.

54 Section 43 of the constitution.

55 Ibid. Section 44 (1).

56 Item 60 part 1 schedule 2 to the Constitution.

57 See (n.12) above.

58 O Aluko, ‘Functionality of the Town Planning Authorities in Effecting Urban and Regional Planning Laws and Control in Nigeria: The Case of Lagos State’ (2011) 5(6) Afr Res Rev 158.

59 Ibid.

60 Ibid.

61 It was known as Lagos Town Improvement Ordinance of 1863.

62 AA Akanni, ‘Location of Mosques and Town Planning Laws in Nigeria: Imperatives For Integration’ (2013) 3(1) Ilorin J Relig Stud 41–68.

63 Ibid.

64 Ibid.

65 The Nigerian Town and Country Planning Ordinance Cap 155 (Ordinance no 4 of 1946).

66 AA Obabiyi, ‘The Impact of Planning Legislations and Housing Standards on the Health of Ibadan City Residents’. A Dissertation submitted to The Centre for Urban and Regional Planning, Faculty of The Social Sciences, University of Ibadan, Nigeria 1995. <https://www.codesria.org/IMG/pdf/m_obabiyi_akeeb_adejumo-3.pdf?7834/> accessed 17 May 2020.

67 Ibid.

68 Ibid.

69 Cap. 123 of the Laws of Western Nigeria 1959.

70 Known as Cap. 125 Town and Country Planning Law. The same ordinance has been applied in Eastern Nigerian since 1955.

71 Cap 126 of 1963.

72 The 2005 Law was repealed by the Lagos State Urban and Regional Planning and Development Law 2010 (URPDL). A fundamental aspect of the 2005 Law is that it empowered the Development Authority to establish planning offices in the local government areas to carry out planning duties.53 This implied the stripping of the local governments of their planning powers, including planning powers assigned to local governments by the Constitution.54 Although the Law subtly expressed this incursion, the actual implementation of the Law stripped the local governments of planning powers, and they had no powers to negotiate or refuse the propositions of the State government.

73 The Long Title to the Urban and Regional Planning and Development Law 2010 (URPDL)

74 Ibid .Section 2(e) URPDL.

75 Ibid. Section 2(f) URPDL.

76 Ibid. Section 2(m) URPDL.

77 Ibid. Section 2(h) URPDL.

78 Ibid. Section 26 (d) URPDL.

79 Ibid. Section 26(e) URPDL.

80 Ibid. Section 26 (l) URPDL.

81 Schedule 4 of the Constitution.

82 AE Akintayo, ‘Planning Law Versus the Right of the Poor to Adequate Housing: A Progressive Assessment of the Lagos State of Nigeria’s Urban and Regional Planning and Development Law of 2010’ (2014) 14(2) Afr Hum Rights Law J 553–73.

83 Ibid.

84 Ibid.

85 Ibid.

86 A Fatusin, ‘Urban Development Planning in Nigeria: Prospects and Challenges’. (2015) 13(1) Int J Innov Sci Res 243–48.

87 Ibid.

88 Y Ozigbo, Principle of New Urban and Regional Planning (AFRICANFEP Publishers Limited 2006) 34.

89 HI Ubaka, ‘Location and Distribution of Petrol Filling Stations in Benin’ (M.sc. Thesis, University of Benin 2007).

90 Came into force as Decree No. 88 of 1992 but now Nigerian Urban Regional Planning Act Cap N138 LFN 2004. See AA Obabiyi (n.66 above). Nigerian Urban and Regional Planning Decree No. 88 of 1992 repealed The Town and Country Planning Act of 1946.

91 Ibid.

92 See AA Obabiyi (n.66 above).

93 This is based on the fact that up till the late 1990s most states of the federation did not comply with the requirement of the NURPA on the preparation of development plans at the state and local government level. See, T Agbola et al. ‘Issues and Challenges of Urban and Regional Planning in Nigeria’ in State of Planning Report by The Nigerian Institute of Town Planners at 5 at 7.

94 Section 30 NURPA.

95 Ibid. Section 4 NURPA.

96 Ibid. Section 31(c).

97 Ibid. Section 31(d) NURPA.

98 Ibid. Section S 31 (c).

99 Ibid. Section S 33 (a) – (c).

100 L Umeh and C Illoanya, Planning Profession and Guild For Practice in Nigeria (Freeman’s Publishers, Enugu Campus 1997) 67.

101 VU Onyebueke, ‘The Linkages in the Distribution of Urban Informal Sector Business in the Urban Residential Space. A Case Study of Enugu’. An Unpublished Master’s Degree Dissertation Department of Urban and Regional Planning University of Nigeria. Enugu Campus. (1995).

102 DC Okpala, ‘Roles of the Private Builder and Public Policy in Shaping the Nigerian Environment’ (1985) iv and v, J NITP NITP, Lagos 87.

103 WA Kadiri, ‘Development Control at the Three Agencies Level within the Framework of the New Urban and Regional Planning Decree in Development Control within the Context of the New Urban and Regional Planning Law-Decree No 88 of 1992’. Proceedings of Workshop, Organized by NITP, Abeokuta, 9–14 (1995).

104 AL Mabogunje, ‘New Initiatives in Urban Planning and Management in Nigeria’ (1992) 16(2) Habitat Int 73–88.

105 VI Ogu, ‘Evolutionary Dynamics of Urban Land Use Planning and Environmental Sustainability in Nigeria’ (1999) 14(4) Plan Perspect 347–68.

106 See (n.12) above.

107 Section 232(1) of the Constitution.

108 Schedule 2 to the Constitution.

109 See (n.12) above.

110 Ibid at 16

111 Ibid at 35–8, 40, 50, 65, 67.

112 Ibid at 68.

113 Ibid at 70.

114 Section 9(c) NURPA.

115 Ibid. Section 27.

116 Ibid. Section 27 (3).

117 Now Engineers (Registration etc) Act cap E11, Law of Federation 2004. See ‘Essay Sauce Essay: Preventive Measures – Building Collapse’ (n.31 above).

118 Ibid.

119 Ibid.

120 ARCON Act cap  A19, Law of Federation 2004.

121 Ibid.

122 See ‘Essay Sauce Essay: Preventive Measures – Building Collapse’ (n.31 above).

123 Ibid.

124 OA Olotuah and SA Bobadoye, ‘Sustainable Housing Provision for the Urban Poor: A Review of Public Sector Intervention in Nigeria’ (2009) 2 Built Hum Environ Rev 51–63.

125 KO Dimuna, ‘The Social Effects of the Built Environment: A Case Study of Selected Buildings in Benin City, Nigeria’. (2011) 34(3) J Hum Ecol 189–96.

126 Ibid.

127 Ibid.

128 See ‘Essay Sauce Essay: Preventive Measures – Building Collapse’ (n. 31 above).

129 Ibid.

130 CAP T7 LFN, 2004.

131 Town Planners Registration Council of Nigeria (TOPREC) <https://en.everybodywiki.com/Town_Planners_Registration_Council> accessed 17 May 2020.

132 Ibid.

133 JAB Olujimi, From Rural to Urban: The Nigerian Physical Planning Dilemma (Federal University of Technology Akure 2011).

134 JO Fasakin, ‘Asymmetries in Philosophy and Practice of Physical Planning in Nigeria’ 43rd Inaugural lecture series, Federal University of Technology, Akure, 2006, 44.

135 JLS Alkali, 2005 ‘Planning Sustainable Urban Growth in Nigeria: Challenges and Strategies’ Federal Ministry of Housing and Urban Development, Nigeria at the Conference on Planning Sustainable Urban Growth and Sustainable Architecture held at the ECOSOC Chambers United Nations Headquarters, New York on 6 June 2005.

136 JE Ahianba, KO Dimuna and GRA Okogun, ‘Built Environment Decay and Urban Health in Nigeria’ (2008) 23(3) J Hum Ecol 259–65.

137 W Kumalasari and FC Hadipriono, ‘Study of Recent Building Failures in the United States’. <https://pdfs.semanticscholar.org/9e66/485748af29ac28f18234ada60d7126b9abb6.pdf> accessed 12 February 2020. The authors stated that causes of building failures in the United States are classified into six principal causes which include both enabling design, detailing, construction, maintenance and materials related problem and trigerring external related events. Deterioration precipitated by many factors such as insects, leaking water, improper and maintenance or repair procedures cause building collapse. Contribution of rain,sun and wind also contribute. Improper construction procedures include poor workmanship such as bolt overload, improper installation of walls and improper girder connections. See also List_of_Structural_Failures_and_Collapses <https://en.wikipedia.org/wiki/List_of_structural_failures_and_collapses>. Examples are as follows: In 2019, Mirepoix-sur-Tarn bridge collapse Mirepoix-sur-Tarn, Occitanie, France Bridge. 2 dead, Montana State University gym roofs collapse Bozeman, Montana, USA 2 gymnasiums, no death, in 2018 Magnitogorsk building collapse, Magnitogorsk, Chelyabinsk Oblast, Russia Apartment building, 39 deaths, 5 injured, in 2015, Florida International University pedestrian bridge collapse Miami, Florida, USA Walkway, 6 deaths and 9 injuries.

138 See (n.25–27) above.

139 See generally Y Kamemura, T Narafu and KS Kaneda, Building Regulation for Resilience Managing Risks for Safer Cities <https://www.gfdrr.org/sites/default/files/publication/BRR%20report.pdf> accessed 22 June 2020.

140 Ibid.

141 Ibid.

142 Ibid.

Additional information

Notes on contributors

Kingsley Omote Mrabure

Kingsley Omote Mrabure, PhD, is a Senior Lecturer, Faculty of Law (Oleh Campus), Delta State University, Abraka, Nigeria.

Ufuoma Veronica Awhefeada

Ufuoma Veronica Awhefeada, PhD, is a Senior Lecturer, Faculty of Law (Oleh Campus), Delta State University, Abraka, Nigeria.