Ufeli sues AGF, Lagos, Ogun AGs over open defecation

Lagos-based lawyer Evans Ufeli has filed a suit at the Federal High Court, Lagos against the Attorney General of the Federation (AGF) and the Attorneys General of Lagos and Ogun states, seeking a judicial review and an order of mandamus.

He is urging the court to mandate the respondents to implement effective control measures through their respective ministries of environment to address the widespread open defecation along the median of the Lagos-Ibadan Expressway.

His application focuses on the growing public health issue of open defecation along the median of the Lagos-Ibadan Expressway. Ufeli, a resident of Lagos state, contends that this practice, especially prevalent around the Sagamu to Ojodu-Berger axis, constitutes a public nuisance and poses serious health risks to commuters, residents, and road users.

The primary aim of the suit is to compel the relevant government authorities, including the federal and state ministries of environment, to implement effective control measures to curb the unsanitary practice.

The applicant argued that the ongoing neglect by these authorities violates their duty of care, especially given the environmental and health hazards posed by the situation. He also highlights the risk of airborne diseases spreading if no action is taken.

In a motion ex-parte brought under Order 26 Rule 6(1) of the Federal High Court (Civil Procedure) rules 2019, he is seeking an order of mandamus, “compelling the 1st respondent to forthwith, direct the 2nd and 3rd Respondents therein, to put effective control mechanisms through their respective state ministries (of environment) for purposes of checking and/or curbing the ongoing trend of open defecation along the median route of the dual carriage Lagos-Ibadan Expressway.”

The plaintiff is also seeking a declaration “that the ongoing trend of open defecation across the median route of the dual carriage Lagos-Ibadan Expressway by homeless people, miscreants, urchins and the like, at all times of the day verily amounts to sheer public nuisance, which smacks of national ridicule and decay of national infrastructure as well as a hive breeding all kinds of airborne diseases.

“That the respondents owe the Nigerian citizens most especially commuters, business owners, pedestrians, transporters and/or motorists and other road users along the Lagos-Ibadan Expressway the duty of care through their respective state Ministries to check, prevent and/or sanction defaulters who have turned the median route of the dual carriage expressway into a hub of open defecation.”