We Hold Your Brief

Dear Counsel, I will appreciate whatever advice you can give with regards to a very pathetic situation.

There is a woman who sells food in a kiosk built on top of a very dirty gutter behind a primary school in my area. Waste from drains empty into this gutter from the surrounding premises on a daily basis and I see pupils from the school coming out during their recreation period to buy food from this kiosk to eat.

When I could not bear it anymore, I complained to the Head Mistress of the school and I was later told that the sanitation people came to destroy the kiosk. But barely two months after, the woman has erected another kiosk in the same location, on top of the same dirty gutter.

What can be done to urgently address this situation before the health of these innocent children is put in jeopardy? Titi, Makoko, Lagos. Dear Titi, This is an issue I am sure the Lagos State Ministry of Environment can look into immediately, as the Commissioner for Environment is a lawyer.

I have seen officials of the Ministry in monitoring teams in various parts of Lagos, destroying structures built on top of gutters or bukas and canteens built in unhealthy environments.

However, one can appreciate that such visits may not be as often as they should be, to address such huge problems in a city as large as Lagos.

The law is very strict on this. Section 243 of the Lagos State Environmental Sanitation Edict, No. 19, 1978 prohibits the sale of food in such an environment. Food sold in such environments no doubt gets contaminated.

Moreover, Section 7 of the law empowers any police or sanitation officer to arrest any offender, even without warrant.

It is my advice therefore that you help draw the attention of the school’s Head Mistress to the fact that the food vendor has re-erected her kiosk in the same location. Two quick steps the school can take are to give strict instructions to their pupils not to buy food from the place. Also, they can immediately notify the Lagos State Ministry of Environment to take action against the woman, including prosecution.