Ikoyi Building Collapse: Picking the Pieces

Introduction

Five years ago, shortly after I became the Editor of this esteemed publication, on December 12, 2016 precisely, I wrote an Editorial titled “Issues in Building Collapse”. I wrote this piece, as a result of the collapse of Reigners Bible Church, Uyo, Akwa Ibom State, a disaster in which the official death toll was about 50 people, the collapse of Lekki Gardens in March 2016 in which about 34 people were said to have died, and I also discussed extensively, the 2014 collapse of the Guest House of the Synagogue Church of All Nations (SCOAN) pastored by late T.B.Joshua, in which 116 people, including 84 South Africans died, and many more were injured.

Sadly, half a decade later, the third block in a development located at 44, Gerrard Road, Ikoyi, known as ‘360 Degrees’ collapsed last Tuesday, leaving a reported 42 people or so dead (the number ascertained as of Sunday afternoon), including one Femi Osibona, the Proprietor of Fourscore Heights Ltd, the company that owns the said 360 Degrees development.

Reasons for the Collapse

The reasons for the collapse of 360 Degrees, like the others before it, even though a thorough investigation has not been done, are probably use of sub-standard, unsound materials, defective design, poor workmanship, corruption and criminal negligence. 360 Degrees seemed to have acted recklessly without reasonable caution; the duty of care required for erecting such a building that would house a large community, was not observed; and the lives of others were put at risk of injury and death, as it is obvious that there must have been serious structural failings, so much so that Prowess Engineering Ltd, the firm of Structural/Civil Engineering Consultants engaged to supervise the project, on February 20, 2020 wrote to Mr Osibona of Fourscore Heights Ltd (FHL) to withdraw from the project, reason being that they could not guarantee the integrity of the third building because they were not sure that it met the required concrete strength. Prowess stated categorically that they did not have the concrete cube test results for each stage of the construction of the building; and they refused to take responsibility for any construction errors. Prowess Engineering being Structural Engineers, would have been responsible for certifying the suitability of all the materials used for the project, like the rods, beam, casting and so on. On this project, Prowess had complained that it was unable to certify the casting used for the building.

Just like SCOAN, contrary to the Urban and Regional Planning Law of Lagos State, FHL is alleged to have illegally added additional floors outside what was granted on its building plan approval. In SCOAN’s case, the Coroner also discovered that apart from unlawfully adding additional floors to the building, for instance, 750mm by 225mm beams were utilised in lieu of 900mm by 300mm. The columns of the building, were inadequately reinforced. In the case of 360 Degrees, apart from unlawfully adding additional floors, the concrete strength was put to question by the Project Consultants. We are yet to discover whether the beams and the rods that were utilised for this project were sound, or whether the foundation of the building was even strong enough to hold the additional floors. The question is, where were the Lagos State Officials when all this was going on?

Criminal Offences

Section 219 of the Criminal Law of Lagos State (CLLS) provides that anyone who unlawfully kills another is guilty of the felony of murder or manslaughter, depending on the circumstances of the case. So far, the felony of Involuntary Manslaughter contrary to Section 222 of the CLLS fits like a glove in the 360 Degrees disaster. It provides thus: “A person who unlawfully kills another in circumstances which does not constitute murder, is guilty of manslaughter if he causes death –
(1) by an unlawful and dangerous act; or
(2) with gross negligence or reckless disregard for human life”.

Section 220 of the CLLS shows that the difference between murder and manslaughter, is the intention to kill and cause grievous bodily harm, that is, the ‘mens rea’. I asked myself why a person who puts up a substandard building with a faulty foundation, inadequate, inappropriate and shoddy materials, breaches the building code all in a bid to cut corners and make more money, knowing that the consequences of such acts could result in the collapse of such a structurally faulty building and result in death or grievous bodily harm, as has been the case in numerous other building collapses that we have seen in Nigeria and other countries, is only reckless and not malicious, and should not be guilty of murder. But, in these circumstances, the law clearly makes a distinction between the intention to pull a fast one for economic gain which then results in death or injury, and the clear intention to kill or commit grievous bodily harm, which results in death or injury. In Egbirika v State 2014 4 N.W.L.R. Part 1398 Page 558 at 580, Kekere-Ekun, JSC held that “Manslaughter is an unintentional killing of a human being. Such killing is not premeditated, but accidental in the sense that it was not intentional”.
Section 227 of the CLLS provides the punishment of life imprisonment, for any person who commits the offence of manslaughter. See the cases of Onah v State 1977 7 S.C.69 and Omini v State 1999 12 N.W.L.R. Part 630 Page 168 at 182 per Karibi-Whyte, JSC.

In Udo v Queen S.C.33/1964; 1964 1 A.N.L.R. 21 the court defined Manslaughter as “An unlawful killing which does not constitute murder in accordance with Section 317 of the Criminal Code”. Also see the case of State v Njoku 2010;1 N.W.L.R. Part 1175 Page 243 at 266 per Saulawa, JCA (as he then was), where he stated inter alia that: “Invariably, the term ‘manslaughter’ denotes the unlawful killing of a human being without malice aforethought’.

And, while the withdrawal of Prowess from the project in 2020 may avail them of liability – obviously the previous works done on the other two buildings must be surreptitiously scrutinised, as well as the parts of the third building which Prowess was involved in before they withdrew; the said charge of Involuntary Manslaughter can be maintained against other principal officers of FHL (Femi Osibona’s corpse is said to have been found and identified – he will be facing charges in the ultimate court and the judgement of God), the Contractor and other members of the project team who were part of this building scam.

The officials of the Lagos State Ministry of Physical Planning and the other agencies who turned a blind eye to FHL’S unlawful activities, should also be held liable, jointly and severally for Involuntary Manslaughter, and under Section 250 of the CLLS, for unlawfully doing acts or omission to do acts which is their duty, with such acts or omissions thereby causing harm to others, making them guilty of a misdemeanour that attracts imprisonment for two years upon conviction. Where were the Lagos State officials, who should have been carrying out periodic inspections of the 360 Degrees project, especially after it had been unsealed consequent upon previous violations? It is obvious that a they had a duty to keep an extra eye on a project that had already shown a blatant disregard for keeping to construction rules and best practices; that had displayed a penchant for cutting corners with gusto and aplomb. This is where we see the issue of corruption, play a star role.

Manslaughter and the failure to perform a legal duty, are very present in the 360 Degrees Disaster. Clearly, FHL, the Lagos State Officials and those who took part in the conspiracy to deliver a substandard structure disguised as a sound one, had a legal duty to all the victims who were killed and injured as a result of this mishap which they failed to perform; and this failure was criminally negligent and caused the death of those who lost their lives on the 360 Degrees site last Tuesday (and injury).

Conclusion

To tell the truth, I wish an exception can be made in cases of building collapse, where the culprits are found to have knowingly cut corners which results in death. Even though such culprits did not wake up and say ‘I want to kill the occupants of a building or the construction workers/visitors on such a substandard site’, their acts and omissions say otherwise, as building collapse, injury and death are the likely outcomes of their recklessness!

As usual, the Nigerian building codes and regulations are very much in existence; enforcement of compliance is the problem. Government agencies in charge of construction, should step up their game in this regard. Zero tolerance for cutting corners, must be adopted and implemented, and immediate consequences meted out to officials who are found to be lacking and complicit in these unwholesome practices.

After the building collapse of 360 Degrees, a former importer of iron rods, in a discussion about the unfortunate incident, informed a few of us that since the ban on importation of iron rods, as if it was not bad enough that people are prone to using the wrong size of iron rods to cut costs, many of the iron rods in the Nigerian market cannot pass the integrity test. He encouraged us to purchase a few iron rods and have them tested, to confirm his allegation. A video of the Governor of Borno State inspecting a block making establishment, trended on social media. Their cement blocks were of such poor quality that when they thrown on the ground without much force, they crumbled into sand! These are the type of poor quality materials, which cause building collapse. The Building Inspection Agencies, should undertake regular spot inspections of establishments that deal in building materials. They can work in conjunction with the Local Governments, to ascertain the locations of building materials suppliers and the various construction sites in each area. In Lagos for instance, the laboratory at the University of Lagos was the one of choice for the certification of rods, beams, concrete strength etc. It’s not there for decoration; Builders must be constrained to make use of such establishments, to certify their building materials as required by law.

For those who have already purchased some of the 360 Degrees apartments and may desire a refund because they lack confidence in the integrity of the building, their fears are justified and should be favourably considered without delay. I hope all those responsible for this disaster, will be brought to book swiftly, to serve as a deterrent to others. To the best of my knowledge, late Pastor Joshua was not convicted of any crime for the role SCOAN played in the death of 116 people, up until his death.

Again, I wonder about the Panel of Inquiry set up by Lagos State. The State has been heavily indicted in this fiasco. How independent can a Panel set up by one of the accused persons be? Nigerians hope that this will not end up being another cover up, to protect the guilty. Why can’t an international body of experts be engaged, instead? After all, the principle of “nemo judex in causa sua”, is trite as it is against the rules of natural justice, to be a Judge in a case in which you have a vested interest.