LEDAP Sues FG, Lagos State over Eko Atlantic City’s Dredging of the Atlantic Ocean
A human rights group, Legal Defence and Assistance Project (LEDAP), has urged a Federal High Court sitting in Lagos to halt the ongoing Eko Atlantic City project on Lagos Island until the Lagos State Government can furnish it with evidence that an Environmental Impact Assessment was conducted before the project was commenced.
The Lagos State Government, in partnership with a private investor, South Energyx Nigeria Limited, embarked on the project in 2009, with a view to reclaiming about 10 million square metres of land from the Atlantic Ocean.
Upon completion, the project which involves the dredging and sand-filling of the Atlantic Ocean is expected to accommodate 250,000 residents and a daily flow of 150,000 commuters.
It will be a hub of immense business opportunity, as the next generation of property in Africa, its promoters say.
It is expected to be around 4 square miles (10 km2) and will consist of, commercial,
residential and tourist accommodations with state-of-the-art urban architecture in line with modern and environmental standards.
LEDAP, in instituting the suit argued that the project will have an adverse effect on the adjacent communities, especially those around the Atlantic Coastline of Lagos State.
According to LEDAP's coordinator, Mr. Chino Obiagwu, the state has a mandate under section 2(1)(2) of the Environmental Impact Assessment Act 1992 to first consider the effects that the project would have on adjoining communities before embarking on it.
Joined as the 1st to 3rd defendants in the suit are the Federal Ministry of Environment, Lagos State Government and South Energyx Nigeria Limited.
Obiagwu stated that LEDAP had requested the Environmental Impact Assessment (EIA) for the Eko project from the National Environmental Standards and Regulations Enforcement Agency (NESREA), a parastatal of the Federal Ministry of Environment charged with powers to regulate the environment.
In response, NESREA, in a letter, signed by the deputy director Mrs. E.O Eze, who is also the State coordinator of the Lagos field office, said, "the Agency wishes to clarify that the Federal Ministry of Environment is the designated National authority on the conduct of EIA processes in Nigeria after which a certificate is awarded at the conclusion of the process which is the Environmental Impact Statement, EIS.”
The group later wrote to the Federal Ministry of Environment, which replied saying NESREA is the one mandated to carry out the EIA.
“It is clear that there is no EIA, because if there is one, there will be a statement.
“The failure of the 2nd and 3rd defendants to carry out an Environmental Impact Assessment of the Eko Atlantic City project, as required under the Environmental Impact Assessment Act, renders the said project and its approval by the 1st defendant a nullity,” Obiagwu argued.
The plaintiff claimed that the request it made on May 6, 2015 to the defendants for the EIA report on Eko Atlantic City project was ignored.
“The Atlantic Ocean is Federal waters and Lagos State is not supposed to do anything on it without carrying out an impact assessment.
“The question is why wouldn’t you conduct an Environmental Impact Assessment? It’s a simple governance question”, the plaintiff argued.
It therefore prayed the court to restrain Lagos State Government and South Energyx Nigeria Limited from carrying on with the project until they have overtaken the appropriate environmental impact assessment of the project approved by the Federal Ministry of Environment.
The plaintiff also sought an order directing Lagos State Government to resettle all the communities along the Atlantic coastline of the state.