Environmental hazard: Don’t approve construction of gas pipelines in residential areas, Court orders LASG.
By Jude-Ken Ojinnaka
A Federal High Court sitting in Lagos has restrained Lagos State Commissioner for Environment and Physical Planning and Lagos State Government from granting permission or authority to Axxela Gas and power distribution company to build a gas pipeline in the residential area of Kuramo Waters Victoria Island, Lagos, pending the determination of the application filed by Princely Court Limited company.
The court order followed an ex-parte application on a suit filed before the court by Princely Court against Lagos State Government and Axxela Gas and Power distribution company.
Upon reading the affidavit in support of the motion ex-parte sworn to by Sunday Omijie and the court having heard Chief Ajibola A. Aribisala (SAN), leading Olufemi Aribisala, Esq., counsel for the Plaintiff/Applicant who moved in terms, praying the court to grant the reliefs sought as endorsed on the motion paper; the Presiding Judge, Akintayo Aluko in his ruling ordered as follows:
“That an Order of Interim Injunction restraining the Axxela company whether, by itself, its servants, agents, privies, subsidiaries and any person(s) howsoever described, acting under its authority from taking any steps to continue with the building of the gas pipeline in residential area of Kuramo Waters, Victoria Island, Lagos, pending the hearing and determination of the interlocutory application is hereby granted.
“That an Order of Interim Injunction restraining Commissioner for Environment and Physical Planning and Lagos State Government whether by themselves, servants, agents, privies subsidiaries howsoever described themselves acting under it’s authority from granting permission, authority to the Axxela to build a gas pipeline in the residential area of Kuramo Waters, Victoria Island, Lagos pending the determination of the interlocutory application is hereby granted.
“That Plaintiff/Applicant shall file an undertaking to indemnify the Defendants/Respondents in the event that this order ought not to have been granted.
The court further ordered that the Order of the court and the motion on notice shall be served on the Defendants,
The case was adjourned to 3rd of July for hearing of the substantive suit.
In a bid to safeguard life and property and forestall the laying of pipeline in a residential area, Princely Court Limited, the owner of the hotel franchise known as Protea Hotel Marriott Lagos Kuramo Waters, Victoria Island, dragged Axxela, a gas and distribution company to court
In an affidavit in support of the application sworn to by a litigation manager of A.O.S.Practice, Mr.Sunday Omijie, filed and argued before the court by Chief Ajibola Aribisala (SAN), the deponent averred that:
In April 2023, the Plaintiff discovered an ongoing construction on a plot of land in the residential area of Kuramo Waters, Victoria Island.
Upon closer inspection, the Plaintiff discovered that the ongoing construction was the laying and building of gas pipelines.
Upon inquiry from the workers on the site, in addition to the signboard on site, the plaintiff gathered that Axxela is the company carrying out the construction of laying and building gas pipelines on the land.
It was averred that building of gas pipelines in a residential area by the company constitutes public nuisance, grave security implications and life threats to the residents within the area. Besides, a gas pipeline built and fixed in a vicinity flooded with residential apartments, homes and hotels constitutes a public nuisance and severe threat to life.
According to the plaintiff, Axxela’s action is in contravention and violation of the Plaintiff’s constitutional right to life as a resident in the area and also the franchise owner of a 60 bedroom Marriott Hotel which is less than 50 feet away from the gas pipeline being built by the company.
There is no end to the damages and harm to business and life which will emanate from such a project to the environment.
“There are designated areas where a gas pipeline is permitted to pass through and a residential area is not one of designated areas.
“A gas pipeline carries grave risk due to the combustive and explosive nature of the substance. The greatest risk is associated with fires and explosions caused by the ignition of the natural gas.
“It was this complication that led to the gas pipeline explosion in the residential area of Abule-Egba Agege in 2018 which engulfed over 100 houses and shops alike wherein many lives were lost.
Due to the residential nature of the entire area, it will pose great risk to the life of the citizens due to the high chance and possibilities of rupture of the gas pipeline in the course of construction.
“This was the case in 2020 when panic arose as Julius Berger, in the course of construction, ruptured a gas pipeline on Lagos Ibadan Expressway, putting lives of hundreds of motorists in danger.
The Applicant brought the application so as to deter and prevent the occurrence of any deadly accident that would inevitably occur where a gas pipeline is laid in a residential area, filled with apartments, buildings, hotels, schools and hospitals.
According to Section 11 of the Oil Pipeline Act 1956, the 1st defendant is only permitted to take possession of a strip of land and build a gas pipeline only after a license has been sought and obtained.
In addition Section 8 and 9 of the Oil Pipeline Act, the basic procedure for obtaining approval involves the advertisement of the application of the party seeking the approval in a daily newspaper, indicating the route the pipeline should be laid and affording the public the opportunity to raise any objections to the said application.
No such notice to the public was made by the company to afford the public opportunity to lodge any objections to the area and route wherein the gas pipeline would be laid.
In his submission while moving the application, Chief Aribisala (SAN) cited Section 10 of the Oil Pipeline Act which makes it mandatory for all concerned parties to be given the opportunity to be heard and a report of all complaints made without delay to the Minister, before any permission or license is granted to the applicant for the construction of the gas pipeline
He submitted that the company did not follow due procedure and does not have the requisite authority, permission and right to erect dangerous mechanisms like gas pipelines around or within a residential area without considering the environmental risks and danger to the citizen’s lives living around and within the area.
He argued that ordinarily, an environment impact analysis ought to be done in the assessment of the environmental consequences of a project prior to the decision to move forward with the proposed action but there was no environmental impact assessment carried out before the erection and building of the gas pipelines by the company, as it is impossible for such project to have been approved owing to the grave risks and harm to life it carries.
Therefore, an order of this Honourable Court restraining the company from continuing with the building of the gas pipeline is necessary to abate the nuisance constituted by the company.
“This application is necessary to abate the danger to life and avoid a repetition of the gas pipeline explosion in the residential area of Agege in 2018 that engulfed over 100 houses and shops alike where lives were lost.
“The Court has the jurisdiction to restrain the company’s actions, restrain the Commissioner for Environment and Physical Planning and Lagos Government from giving any assent or permission to the company’s actions which constitutes a public nuisance.
“This instant application is necessary to ensure the status quo is maintained. pending the determination of the Application for injunction currently pending before the Court.
“It will be in the interest of justice to grant this application”, Chief Aribisala concluded.
