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Sunday, December 8, 2024

Advocacy against the location of petrol stations in residential areas

“I cannot trust a man to control others if he cannot control himself.” – Robert E. Lee (1807-1870)

In a recent interview granted by the incumbent Lagos State Commissioner for Physical Planning and Urban Development, Dr. Oluyinka Olumide, published in the Sunday Vanguard edition of February 25, 2024, he spoke at length on several physical planning issues, which, among other things, include development control, building collapse, how to obtain planning permit and sundry unresolved planning matters agitating the minds of media interviewers, and by extension the reading public.

Dr. Oluyinka Olumide
Lagos State Commissioner for Physical Planning and Urban Development, Dr. Oluyinka Olumide

Commissioner Olumide was self-explanatory and intelligible in response to all his questions. He left no one in doubt that he knew his onion about his office’s rudiments, functions, and responsibilities. He also spoke about the robust innovations introduced by the MPP&UD to improve service delivery to members of the public faster than what was obtained in the past.

He did an excellent job of public relations for his Ministry. He presented himself as a STICKLER (my emphasis) to the rule of law, planning regulations, and development standards in Lagos State. In his words… “We must learn to do the right things at all times. We cannot just allow people to behave anyhow. The (subsequent) appeal is for residents to cooperate with us.” This means that all people must always comply with planning regulations and standards without exception.

Concerning the preface above, this writer was surprised to read another news report published in the Sahara Report (an online tabloid) titled “Lagos Delegation Entices Community To Accept Building Of Petrol Station…Close To Residential Houses.” (Sahara Reporters, February 25, 2024).

The report is reproduced (with minor editing) as follows: “The Lagos State Government, through some delegates, has met with residents of Irawo Osan, Omotayo, and Idowu Layemo in the Ketu-Alapere area of the state to entice them to accept the building of a petrol station in their community. The delegates, led by the Commissioner for Physical Planning and Urban Development, Dr. Oluyinka Olumide, met with the residents at an emergency meeting arranged to discuss with community stakeholders. Other delegation members were top officials of the State Ministry for Physical Planning and Urban Development.”

To paraphrase the report further, the affected residents had initially objected to constructing the petrol station in their community. Consequently, they wrote a series of petitions to the then Commissioner for Physical Planning and Urban Development in 2018 and 2019 for “safety and health threats to their community!” The residents thought the project was overkill because the community already had a gas station and two petrol stations.

The community members raised other paramount issues and concerns in the report, which the government delegates led by Commissioner Olumide chose (?) to ignore despite the evident incompatibility of land use. However, this piece focuses on the intended actions or risks the Commissioner is willing to undertake because of the prospective developer, a high-profile politician at the detriment and safety of the residents, and against the Hippocratic oath he swore to uphold planning standards and ethics.

The pertinent question is this: what has changed at the site since the community’s initial stiff objection to the project when the property’s first owner attempted to start construction? And when the new ownership of the property took over, what informed the decision to revisit the issue, knowing full well that the community vehemently opposed the project in their domain? These are pertinent questions begging for an answer.

The MPP&UD cannot impose the project on the community by force. They own their community, and they know what they want in it. An attempt to force the project on them is an unnecessary interference by the Ministry, which is ready to bend its rules because of a particular individual perceived as a political bigwig in Lagos State. Why should the Ministry be in the vanguard of protecting the developer’s interest and enticing the community?

It has a moral implication and goes against the principle of fair treatment. Is the regulation applied relatively/reasonably? I don’t think so. It is a case of wanting to please one person and hurt an entire community who are bona fide residents and taxpayers. The legal concept of equal protection should come into play. It provides people the right to be treated like others in similar circumstances. You may not apply a regulation one way for a particular individual and something different for another when the cases are the same. The regulation that prohibits the location of petrol stations in a residential area under this instance should not be waived for anybody. No favouratism!

Commissioner Olumide should walk his talk as a person who leads by example. As someone who, by his utterances, has “zero tolerance” against planning infractions and violations of development standards, he cannot betray his words and principles because of the matter under discussion. He should be mindful of the precedent-setting characteristics of his decision on this particular matter and other decisions while in office. He should be reminded that all decisions set a precedent that may be cited.

While he may have his way now because of the weight of his influence, he should remember that someone in the future may cite his decision as a precedent. It could lead to a battery of criticism from the public about the morals and integrity of the Commissioner and the lack of public trust in him. Trust cannot be compelled; it can be earned by doing the right thing, engaging in fair conduct, and telling the people the truth in all circumstances.

I want to end this piece with the advice of Mark Twain, an American writer and humorist (1835-1910): The Commissioner should “always do right. It will gratify some people and astonish the rest.”

Tpl. Yacoob Abiodun, Planning Advocate, contributes this piece from New York, USA

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