BENJAMIN OMOIKE
LAGOS, Nigeria — Leading legal luminary Dr. Muiz Banire, OON, SAN, issued a pointed call for sweeping reforms in Nigeria’s legal and regulatory framework to save the Lagos Lagoon in his keynote address at the First Lagos Lagoon Summit, held yesterday at Eko Hotel & Suites, Victoria Island.
Speaking before Governor Babajide Sanwo‑Olu and other dignitaries, Banire described the Lagoon as “not merely a body of water, but the living, breathing soul of our city,” highlighting its vast expanse of over 6,300 square kilometers, its shallow depth of 2 to 4 metres, and its critical role in supporting livelihoods, trade, and culture.
Risks Mounting: Pollution, Encroachment, Legal Confusion
Banire warned that the lagoon is under mounting pressures: untreated industrial effluents, plastic waste, shipwrecks releasing toxins, and sand mining are eroding both water quality and habitat. He said urban expansion, often without proper environmental impact assessments (EIA) or enforcement, is encroaching upon the lagoon’s edges, while climate change—with rising sea levels, tidal surges and salinity intrusion—threatens further damage.
A particularly worrying development, Banire said, is the fragmentation of regulatory responsibility. Multiple agencies—both federal and state—claim overlapping jurisdiction, leading to “confusion and inaction.” He cited the 2024 Supreme Court decision in NIWA v. LSWA as being misinterpreted by some federal bodies as granting ownership over waterfront lands, despite earlier judgments affirming the Lagos State’s exclusive role in urban and regional planning — notably A-G Lagos State v. A-G Federation (2003).
Banire’s Reform Agenda
Dr. Banire proposed a multi‑pronged strategy to restore the health of the Lagoon, calling for:
• The development of a comprehensive and legally binding Lagos Lagoon Protection Policy, integrating land‑use planning, biodiversity conservation, and water quality standards.
• The creation of a Lagos Lagoon Authority tasked with harmonizing duties among ministries and agencies to provide coherent oversight.
• Strict enforcement of the polluter‑pays principle, ensuring industries—ship operators, dredgers, developers—bear full responsibility for damage and clean‑up.
• Investment in modern monitoring and data systems, including satellite surveillance and real‑time water quality stations.
• Engagement of public‑private partnerships and establishment of specialized funds to support restoration and maintenance.
• Empowerment of local communities—fishermen, waterfront residents, artisans—as frontline stakeholders.
• Incorporation of climate resilience measures, such as mangrove restoration, wetland protection, flood mitigation and adaptation plans.
Constitutional Clarity and Jurisdiction
One theme that emerged strongly in Banire’s speech was constitutional boundaries. He urged federal agencies to respect judicial decisions, stressing that urban planning is a state matter, a domain reserved under the residual powers of the State Houses of Assembly. Federal overreach, he said, as seen in some recent surveys, land allocation demands, and advertorials, is unlawful and undermines good governance.
“Any agency acting outside its constitutional mandate must be challenged,” Banire maintained, emphasising the rule of law and the need for legal clarity.
A Call to Shared Stewardship
Closing with an impassioned appeal, Dr. Banire reminded those present that protecting the Lagoon is not a governmental burden alone, but a shared moral and civic duty. He asked citizens, industries, regulators, and legislators to choose “stewardship over short‑sightedness,” insisting that the Lagoon’s survival is intertwined with Lagos’s future.
“If the lagoon dies, a part of Lagos dies with it,” he said. “But if we act now, we will breathe new life into our city, inspire Africa, and leave a legacy of sustainability for the world.”
As Lagos faces escalating environmental threats, Dr. Banire’s address adds to growing demands for both policy coherence and enforceability. His agenda sets a benchmark — one that decision‑makers are now under pressure to meet.
