Loopholes in Lagos Law?: Lagoon feaces dumpers escape arrest despite regulations
The Lagos State Environmental Sanitation Corps (LAGESC), commonly known as Kick Against Indiscipline (KAI), recently dislodged 84 individuals from makeshift shelters beneath the Elegbata Under Bridge on Lagos Island.
Videos by Eniola Daniel reveal the deplorable conditions within these makeshift shelters. According to a report by The Guardian, some residents have lived under the bridge for decades, constructing eight latrines that drain directly into the lagoon—a body of water used by local fishermen.
Why Were Residents Defecating into the Lagoon Not Arrested by Lagos Authorities?
Although Corps Marshal Major Olaniyi Olatunbosun Cole (rtd), who led the operation, confirmed that residents pay to use the latrines discharging into the lagoon, he mentioned that only the person in charge of one of the toilets was arrested, while no other residents faced charges.
“They discharge the faeces into the lagoon, and that’s not quite far from where the fishermen are fishing,” Cole stated.
While open defecation and improper discharge of human waste remain a menace, Nigeria does not have an explicit law against it, except for an executive order aimed at eradicating open defecation.
Also Read: 48 Million Nigerians Still Practice Open Defecation: UNICEF Unveils Urgent Initiative
In 2019, former President Muhammadu Buhari signed an Executive Order titled “Open Defecation Free Nigeria by 2025 and Other Related Matters,” which aimed to eliminate open defecation nationwide. However, lawyer Terem Inyambe explained that Executive Orders lack the power to establish criminal penalties.
“Being an Executive Order, it cannot lawfully provide for sanctions,” Inyambe told Neusroom.
While Nigeria ranks second globally in open defecation rates, with over 46 million people affected, Lagos itself lacks a specific law targeting the practice directly, but has an environmental law that prohibits against various kinds of pollution. In August 2024, Lagos launched an initiative to end open defecation, with officials pledging to penalize offenders in line with state environmental laws.
During the campaign launch, Gaji Omobolaji, Permanent Secretary of the Office of Environmental Services, emphasized, “Anyone caught will face the full wrath of the law with the hope that it will serve as a deterrent to others and ensure that the fight against open defecation is sustained.”
Although no explicit anti-defecation law exists in Lagos, its Environmental Management and Protection Law provides a legal basis for addressing offenders.
According to the law, “A person shall not cause or knowingly permit any trade or sewage effluent or liquid waste to be discharged into any drain or drainage system, road, gorges, water courses or any part of it except at such place as may be authorised by the Ministry.”
Barrister Inyambe clarified that “only an Act of the National Assembly or a law of a State House of Assembly can criminalise open defecation.”
Since Lagos State has relevant environmental laws, Neusroom reached out to LAGESC to understand why the residents of the Elegbata Under Bridge, despite defecating into the lagoon, were not arrested or charged. However, no response was received at the time of publication.
