By Adekunle Taiwo
They say water is life. It is perhaps the reason why over time, people have migrated to where there is water. However, if not properly harnessed and controlled, water could also cause stress, and in extreme cases, cost life. Unlike in some climes where the task of producing water is majorly left to the government, in these parts, the reverse is the case.
Nigerians are majorly burdened with how they get potable water. Even in Lagos, the state which prides itself as an ‘Aquatic Splendour,’ many Lagosians depend solely on individually sourced groundwater. While the water beneath the earth is God-given and can be deemed free to the point of any landowner investing in bringing it up, the government still has the power to supervise over it. In fact, societies make laws over and around the production and use of water. And the case of Lagos is not any different. So, it appeared strange when news of Lagos State sealing three factories for unauthorised use of groundwater was met with resistance in some quarters.
According to the report, factories of three companies – Nigerian Bottling Company, Friesland Campina, and Guinness Nigeria Plc were shut by the Lagos State Water Regulatory Commission (LASWARCO), for extracting large quantities of groundwater without proper authorisation. Mr. Olowu Babatunde, LASWARCO’s Director of Technical Services, said the agency had been engaging with the companies to comply with water abstraction regulations over the past seven years but the efforts had been unsuccessful.
“We operate a law that empowers us to regulate most of these heavy abstractors in Lagos State,” said Babatunde.
“Abstractors are individuals or entities that extract large quantities of groundwater for commercial purposes. So, these companies that we have sealed, basically three of them – Coca-Cola, Friesland Campina and Guinness, abstract water in large quantities. And we have been engaging them over time. At least, I have been here for more than seven years now. We’ve been engaging these companies for more than seven years now. Some, either they do partial compliance, or some don’t comply at all. So, now that we started implementation of our regulation, we now compel them to fulfill all their regulatory demands.”
It is only commonsensical that the state government should be concerned about its groundwater given the various environmental risks associated with unregulated groundwater abstraction. But what exactly are the effects of unregulated groundwater abstraction? Well, abstraction can reduce water levels, increase pollutant concentration, dry up wetlands, increase water salinity, cause erosion and reduce fish habitat. While all these factors may not concern Lagos in the short run, eventually, the state would be responsible if abstraction continues at unsustainable levels. Recently, the Lagos State Commissioner for the Ministry of Environment and Water Resources, Tokunbo Wahab, also spoke about the need to regulate groundwater activities to check environmental hazards like land subsidence and groundwater contamination.
“The Environmental Management Protection Law, EMPL, 2017, empowers the Lagos State Water Regulatory Commission, LASWARCO, to regulate all activities impacting groundwater, regulate the activities of those engaged in the abstraction, provision, consumption, production, supply, distribution, and sale of water, processing water into carbonated drinks, beverages and others,” said Wahab, reiterating LASWARCO’s authority. The commissioner, however, noted that the lukewarm response from affected organisations necessitated implementing enforcement measures by LASWARCO.
“The EMPL, pursuant to the Sanctions, Fines and Penalties classifies abstraction of ground water without authorization, operating without a license as offences under Law. Unfortunately, there are a significant number of defaulters who are abstracting groundwater without authorization, posing a significant risk to the environment and public health. In 2020, Mr. Governor gave concessions of 75 per cent waiver on groundwater abstraction. Only a few bottling companies like 7UP, CWAY and La Casera and the Hotel Owners Association were fully compliant.”
Four years later, some organisations have still not complied, a development which the commissioner says has left little choice for the government other than enforcement.
“However, due to the low level of compliance, LASWARCO is commencing the enforcement of regulatory compliance and to also inform the public of the importance of promoting sustainable groundwater management, reduction in over-extraction,” said Wahab.
“These defaulters are not only breaking the law, but they are also denying the state government of additional opportunities to fund critical infrastructure projects and improve the lives of Lagosians. That is why the government is calling on all organizations that fall within the regulated entities to come forward and regularize their operations.”
As expected, some critics have surfaced. Reacting, the Nigeria Employers’ Consultative Association slammed Lagos State. According to NECA’s Director-General, Mr. Adewale Oyerinde, sealing the factories was harsh and sent an impression of Lagos as an hostile business environment. He also lambasted the state government of charging water levies.
“May we reiterate that it is the government’s responsibility to provide water for its citizens and businesses,” Oyerinde said.
“It would be highly insensitive, harsh, and punitive for the same government that has failed to provide sufficient water to also impose punitive levies on businesses forced to invest in providing water to sustain their operations.”
It is nice that NECA is concerned about the businesses. But it should remember that Lagos has the mandate to protect its future and must not bend in to mercantile sentiments in addressing environmental hazards. We all want a better society and Lagos must not be condemned as indifferent for making and enforcing its laws to protect her environment. The affected factories should borrow a leaf from their complying counterparts.
In the 70s and 80s, Iju -Ishaga, Ikeja, Lagos Mainland and Lagos Island were all serviced by the Lagos State Water Corporation. However, over the years, the agency has not been able to cope with providing water, leading many residents to source their own groundwater. It would take massive investment including sinking of infrastructures like pipes and water plants to get to the level Lagos attained even in the 80s. Till it can afford that, the state government can only intervene by regulating activities in the private production of water, especially by factories involved in abstraction. All in all, it is comforting that the state government would not be bullied on this matter as it works with all stakeholders to ensure regulation of the water sector.
“Enforcement action will be taken against non-compliant organizations (defaulters) as this will serve as a deterrent to others and will also reflect the seriousness with which we take these offenses,” said Wahab.
“We are committed to protecting the environment and public health, to ensuring that compliance with regulatory provisions remains mandatory for all entities using groundwater for production or consumption and we will take all necessary steps to ensure that this responsibility is discharged.”
States must be concerned about their resources, especially the natural ones. Whether it is oil exploration, agriculture, sand mining or in this case of Lagos, water, environmental impact assessments must be regularly conducted to recognise and adapt to best practices. On this water levy, the non-compliant factories should comply. Kudos to Lagos.