Tracing survivors of building collapse in Lagos in recent times, Omolabake Fasogbon reports how the state government reneged on its promise to fully fund medical bills of victims, leaving them to cope alone with their respective vulnerable health conditions after the accidents enabled by weak regulatory agencies
Returning to Itafaaji community, Lagos Island, three years after the ill-fated building collapse that brought its to limelight, a few infrastructural developments have taken shape in the community.
The road leading to the relatively busy area, predominantly occupied by traders is now tarred, bubbling with new constructions that make the area a toast of investors.
A construction activity was ongoing at 63, Massey Street, site of the collapsed building now taken over by the government in line with Chapter 59 Section 74 of Lagos Urban and Regional Planning Development (URPD) Law of 2010.
The provision states that in the event of the collapse of any property or structure due to negligence on the part of the owner, such property shall be forfeited to the state government after due investigation and/or publication in the state official gazette.
A trader opposite the building told this reporter that the local government is building school blocks on the site to compensate community members for the collapse.
Itafaaji collapse described by experts as one building collapse too many, would not be forgotten in a hurry, given the number of casualties including school children who died in the accident.
Investigation showed that the building was marked distressed in October 15, 2015, and should have been removed by government after 21 days. This is in line with section 71 of Lagos URPD Law 2019. But the house was left for another four years before it finally collapsed on March, 13 2019.
Further findings also showed how caterpillar battered the foundation of the house during a drainage construction in Massey street, thus, strengthening its level of weakness. .
Failed Promise
Though the tragedy happened three years ago, many are yet to heal from the trauma.
The situation is particularly worse for survivors still battling complicated health challenge because they could not afford hospital bill.
When the accident happened, the former Governor, Akinwunmi Ambode instructed that full medical care be provided for the injured ones at no cost.
Speaking on behalf of the governor, the former Lagos state Commissioner for Health, Dr Jide Idris said, “Lagos state is offering comprehensive healthcare to the victims at no cost. This is the least we can do at this time to ameliorate the suffering and trauma being experienced by the affected families.”
More than three years after the collapse, that promise is yet to be fulfilled.
During investigation, this reporter found out that many victims are yet to regain their health, partly due to the dysfunctional state of the healthcare system in Lagos, and mainly government’s neglect.
This reporter visited the house of one of the parents of the survivors, Mrs Ogunsanwo who lives just behind the ill-fated building in Itafaaji
Mrs Ogunsanwo’s two grandchildren, Joshua, 9 and Daniel, 23, were among those dragged out almost lifeless from the debris of the collapsed building. The two youngsters could only work after several surgeries.
Seeing this reporter, Ogunsanwo was warm, thinking a customer had arrived to patronise her charcoal business. But when she got know about the reporter’s mission, she became disinterested.
“If it’s about the collapse, I don’t want to talk to anybody again,” she retorted.
Upon being persuaded, she let out a flurry of feeling. “I’ve talked and talked and nothing has happened. I think some people are still feasting on the collapse because they come with the intention to help, they will even take pictures with us, and they don’t come back”.
She reluctantly called out the young Joshua from where he was playing with his peers. The boy had only his pants on so it was easy to spot a straight stitch that extends from his lap to his leg. As he limped towards his grandmother, Ogunsanwo said, “Can you see how he walks, can you see the stitch, this is what I’ve been nurturing for more than three years.”
Ogunsanwo said Joshua was already suffering from another complication that got worsened because of the injury he sustained in the collapse.
She said the orthopedic surgeon in Gbagada General Hospital where they had the surgery, requested that both Joshua and Daniel be brought back in 2021 for another surgery to remove the metal implants in their legs.
She said a nurse already hinted her to prepare N200, 000 for the surgery and not expect it to be done free as government promised. By 2021 when they were due for the surgery, Ogunsanwo said they were charged for the operation which cost had already doubled.
A letter of Financial Assistance addressed to the Chairman of Lagos Island East, Muibi Alade Folawiyo, and sighted by this reporter, showed that Ogunsanwo now needs N850, 000 for their surgeries denied by government.
“Where am I supposed to gather that money? You can see what I’m selling,” pointing to her charcoal wares.
“How much do I make from this, the whereabouts of their mother is unknown and their father is unemployed, “she lamented.
Ogunsanwo recalled that after the collapse, government promised full treatment at no cost for all the injured survivors, but the story changed when they got to the hospital.
“Immediately we were admitted, a nurse had hinted us not to rely on government promise, that they were merely paying lip service to save face from criticism. True to what the nurse said, we bore half of the bill throughout our stay. Where we were expected to buy four drugs, we paid for two”.
In retrospection, Ogunsanwo regretted compelling Joshua to go to school on the fateful day.
“He insisted he didn’t want to go but I forced him against his wish. He perhaps had a premonition of what would happen. Look at me now, where do I gather N850, 000? Please, help beg government to come to my aid. I’ve cried out but no one is answering”, she groaned as tears coursed down her face.
She said she has lost count of how much she has spent, stressing that she was yet to repay the loan she obtained to settle medical bills of the two children.
As evidence, Ogunsanwo showed our reporter a pile of receipts of payments she made while in hospital.
Medical experts say where implant has overstayed in the body of a child, such could result in skeletal growth hitch and bony ingrowth that could make removal technically difficult or impossible.
For Doctor’s Error During Surgery, Hassan’s Health Deteriorates, Denied Corrective Surgery
Jamiu Hassan, 36, rarely passes urine but blood since rubble from the Itafaaji building collapse hit his pelvic area.
He was diagnosed with Pelvic Trauma with Urethral Injury. He later underwent a surgery that was allegedly done badly, thus requiring a repeat surgery.
The Director, Clinical Service and Training/ CMAC, Prof Adebowale Adekoya, however, in a report claimed that Hassan had developed Obstructive lower Urinary symptoms after first surgery in October 2020.
As a result of the alleged surgical error, Hassan is forced into celibacy. He has also been rendered unemployed and now depends on his wife for economic support and for the care of his two children.
He would need corrective surgery to be well again, but government has denied him, despite promise.
Hassan said government’s failure to approve the surgery originally billed for April, 2021 had stalled it.
“I have lost count of my visit to the Welfare Department of the Ministry of Health to get approval but they keep asking me to come back,” he said.
But according to Barr. Laolu Osanyin, a Medical lawyer, Hassan can sue for medical negligence where a surgical error is established.
A letter which Hassan’s wife, Shakirat, reluctantly released to this reporter showed he would need to pay N697, 200 for the surgery, except government intervenes.
Shakirat said she feared that government may finally withdraw should they find the letter in the media.
The letter signed by Adekoya dated February 21, 2022, was addressed to Permanent Secretary, Lagos State Ministry of Health, LMOH, reiterating Hassan’s health condition and his plea for financial assistance.
She said they could not even afford the surgery when it was N200, 310 in 2021, adding that the three months they spent in LASUTH was still telling on their finances.
Burdened by Medical Bills
Like Ogunsanwo, Shakirat said they incurred up to 50 per cent of the medical bills while in hospital.
She explained: “My husband was transferred from Lagos Island General Hospital given the severity of his case then. To our surprise, we were charged for every item up to the syringe. They told us the government has not passed the directive for free treatment. This continued throughout our first week in LASUTH. Even when we try to beg them that we lost our ATM card, cash and other valuables in the collapse, they turned deaf ears. We resorted to begging for donations and loans to foot medical bills because it was an emergency situation.
“By the second week when government finally intervened, we were made to pay for things we could not afford while we were given cheap items for free. For instance, we were given items like N100 syringe or drugs of N1000 or N2000, but we were billed for most expensive items which were more needed. As a matter of fact, some of the important drugs and injections between N5000 and N70, 000 were not always available, so we had to buy them. We also paid for all the tests.”
Our reporter sighted a pile of payment receipts for drugs and diagnosis made on behalf of Hassan.
Shakirat said a promise of refund by one Dr Adewunmi, for their expenses during the first week was never fulfilled.
Shocking Statistics
Building collapse in Lagos is almost a regular occurrence, and therefore not shocking any longer. From statistics, Lagos remained the epicentre of building collapse in Nigeria, and across the globe.
No fewer than 508 building collapse occurred in Nigeria between 1974 and 2022, and Lagos accounts for more than half, recording 320 building collapse, according to the Building Collapse Prevention Guild (BCPG).
This avoidable tragedy at different times caused avoidable death, feeble health and loss of livelihood. This is in addition to its threat against Nigeria’s strive for sustainable development and economic growth.
According to Chairman, Lagos Branch of Nigeria Institute of Quantity Surveyors (NIQS), Ayodele Alao, Lagos possibly lost about N66.37 billion from 11 collapsed buildings in the last one year.
The BCPG also says Nigeria has recorded over 1,090 deaths in building collapse from 1974 to July 2021.
According to Brookings, an American research group, over 6000 households had been displaced as a result of building collapse in Lagos, with a property loss estimated at $3.2 trillion.
The disaster is further stretched by the fact that 78.4 per cent of this collapse happens in buildings fully occupied by tenants.
When tragedy as this struck, innocent victims like Daniel and Hassan are often left to carry their cross, though the law prescribes that they should be compensated.
Insurance Covering for Victims
Beyond medical support promised by government, the Insurance Act of 2003 provides some protection for victims.
Section 64 and 65 of the act mandate all contractors and their agents to undertake insurance against death or injuries to third parties to a public building in the event of a disaster of this nature.
The section also stipulates that all public buildings as well as those under construction above two floors must be adequately insured with a registered insurance company.
Director-General of Nigerian Insurers Association, NIA, Mrs Yetunde Ilori said: “The law explains that every public building should be insured against the hazards of collapse, fire, earthquake, storm and flood”.
The National Building Code on the other hand requires “contractor” to submit an All Risk Insurance for a project as part of his documentation process.
Ordinarily, these provisions should provide a glimmer of hope for Hassan, Daniel and other victims.
Sadly, none of the collapsed buildings in Nigeria up till 2021 has insurance record, according to NIA as reported in Punch Newspapers of December 27, 2021.
This is inspite that the Lagos State Physical Planning Permit and Building Control Regulations 2019 required that buildings above two floors be insured, failure of which shall attract a fine of N500, 000 or one monthly community service or both.
Experts blame this oversight on government negligence.
Human Right Lawyer, Femi Falana said that an insured building will ensure that victims of building collapse are duly compensated by insurance company.
This was the case during Surfside condominium collapse in Florida, USA, where court awarded an initial compensation of $150 million to over 97 victims of the disaster.
The compensation included insurance on the collapsed tower and proceeds from a sale of the empty property.
In addition to insurance claims, however, legal practitioners argued that victims are compensable by the government under the law of ‘tort’, given that the latter failed in its regulatory duty.
A tort is defined as a wrongful act or violation of a right that causes loss, harm, or injury to another party and results in legal, civil liability.
On tort, a legal practitioner, Idowu Ohioze, once said, “Government’s negligence in monitoring compliance with the building code brought about the loss of lives with the collapse of the Fourscore tower. A failure to act, where such impacts another’s legal right, is compensable in law”.
This report was facilitated by the Wole Soyinka Centre for Investigative Journalism (WSCIJ) under its Collaborative Media Engagement for Development, Inclusion and Accountability (CMEDIA) project.
