Lawyer Sues AGF and State Attorneys General Over Open Defecation Crisis on Lagos-Ibadan Expressway

 

barristerng.comAug 20, 2024 9:11 AM

Lagos-based attorney Evans Ufeli has initiated a lawsuit at the Federal High Court in Lagos against the Attorney General of the Federation (AGF) and the Attorneys General of Lagos and Ogun states. The lawsuit seeks a judicial review and an order of mandamus to compel the authorities to address the severe issue of open defecation along the Lagos-Ibadan Expressway.

Ufeli’s legal action underscores the public health crisis caused by open defecation, which he argues has become a widespread problem particularly in the area stretching from Sagamu to Ojodu-Berger. This unsanitary practice, according to Ufeli, creates a serious public nuisance and threatens the health of commuters, local residents, and road users.

The lawsuit aims to enforce the implementation of effective control measures by the federal and state ministries of environment. Ufeli contends that the authorities’ failure to address this issue constitutes a neglect of their duty of care, exacerbating environmental and health hazards. He warns that the situation could lead to the spread of airborne diseases if left unaddressed.

In his motion ex-parte, filed under Order 26 Rule 6(1) of the Federal High Court (Civil Procedure) Rules 2019, Ufeli seeks an order of mandamus compelling the AGF to direct the Lagos and Ogun state attorneys general to establish control mechanisms through their ministries of environment. He argues that these measures are crucial to preventing and managing the trend of open defecation along the expressway.

Additionally, Ufeli is requesting a court declaration that the ongoing open defecation by homeless individuals and others along the expressway constitutes a severe public nuisance. He claims it reflects poorly on national infrastructure and poses significant health risks.

The suit also demands recognition of the duty of care owed to Nigerian citizens—particularly those using the expressway. It calls for measures to prevent and penalize those responsible for turning the expressway median into a site for open defecation.

Ufeli’s lawsuit reflects growing concern over public health and environmental management issues in Nigeria, highlighting the need for prompt and effective action by government authorities.