BACKGROUND:
On the 8th August, 2022, the CLO, Bayelsa State Branch received a protest letter from victims of property demolition on Bossy Water 1 street, off Tombia/Amassoma road by agents of the state’s Physical Planning Development Board. The letter stated that the subject matter- attempt to erect poles to run high tension wires on 24th December, 2021 over roofs of properties some of which were built from way back 2002. The matter was instituted in court and is ongoing; an appeal was further made to the office of the Deputy Governor, His Excellency Sen. Lawrence Erhujakpor to restrain the perpetrators from carrying on the act. However, on the 27th July, 2022 members of the Physical Planning Development Board led by Mr. Gideon Ekeuwe went ahead to demolish properties of the victims irrespective of the pendency of the lawsuit. In response to the petition received, the state Chairman of the CLO, Alabo Nengi James announced a Three-Man fact-finding Committee to follow up on the matter and report back.
SITE VISIT BY CLO TEAM:
The three man fact- finding committee chaired by Comrade Alagoa Morris, accompanied by newsmen from Daily Independent , Vanguard, Rhythm 94.7 and Radio Nigeria onThursday 11th August, 2022 visited the street of interest. Two other members of the CLO Three-Man Committee also on the visit were David West and Seiyefa Akeboa . The team saw the affected properties and interviewed some of the affected landlords and others on the street, among the affected landlords spoken with are Mr. Power Seleogu who has been resident on the street since 2002 and donated land for the construction of the street said they [residents] had written to Nigerian Electricity Management Services Agency [NEMSA] when the project was initiated and NEMSA advised that an alternative feeder from Agudama be accessed to link to the new transformer on the northern end of the street [Bossy Water 1]. In like manner, Mr Ebinyo Ogbowei, a retiree publisher who was also affected said he obtained a loan between 2016 and 2018 to put up the printing press and water sales point to cushion the hardship associated with retirement, having been destroyed by the Physical Planning Development Board, he is left with no means to repay the loan.
The story was that of lamentation from other victims of the demolition.
For a balance, the team also heard from some members of the [inner/northern part] of the same street who obviously were in defence of the demolition. Thus the team spoke with Mr Kemes Angbare among others who refused to disclose their identity. Their story was that they have suffered from power outage for too long and wanted their transformer linked with a claim that the demolition was ordered by the court.
DOCUMENTS/ITEMS RECEIVED FROM THE PETITIONERS:
Some documents/items received from affected landlords who wrote to CLO include: [1] 7 photographs identified as affected properties belonging to Pastor G.Ebinyo Ogbowei, Mr. Seleogu Power and Mr. Agbofa Maxwell [2] Letter addressed to the Deputy Governor of Bayelsa State by aggrieved residents of Bossy Water 1 Street, dated 14th March, 2022 [3] Letter addressed to MD, Obodankume Engineering, Yeizue-gene, Yenagoa, Bayelsa State by NEMSA, dated 20th January, 2022 and on the subject of ”Investigation Activities Case of Threat to life and conduct likely to cause the breach of peace. [4]NEMSA’s letter to the Nigeria Police Staff Intelligence Bureau, Yenagoa, Bayelsa State, dated 15th February, 2022 [same subject as above] [5] Letter addressed to the Managing Director [MD],Obodankume Engineering, dated 27th July, 2021 on the subject ”Re: Application for permit to construct and install 6 spans of 33KV overhead line and install 1 No 300KVA 33/0.415KV relief distribution substation at first inside Bossy Water Road, off. Tombia Road, Etegwe, Yenagoa, Bayelsa State [6] Letter by lawyer to the victims addressed to the Commissioner of Police, Bayelsa State Command, Yenagoa; dated 10/01/2022 [7] Letter addressed to the Managing Directors/CEO of the Transmission Company of Nigeria [TCN] and eleven Electricity Distribution Companies in Nigeria, including PHEDC; copying all 36 state governors and other relevant MDAs, by MEMSA and dated 26th April, 2017. These items/documents are among others were received together with the letter to CLO.
SOME POINTS OF NOTE IN SOME OF THE ABOVE DOCUMENTS:
[1] Firstly, it is important to note that in the reply to the Managing Director of Obodankume Engineering by the Port Harcourt Electricity Distribution Company [PHEDC] dated 27th July, 2021; the opening paragraph stated that ”Your application on the above matter refers Management has granted tentative approval for connection of the project to the grid subject to the following conditions”. No.11 [e] of the conditions given by PHEDC stated clearly that ”The clearance of the HT line from all structures must not be less 5.5meter on either side”.
[2] The letter addressed to the Transmission Company of Nigeria and all electricity distribution companies by NEMSA was titled: ”Disconnection of power supply to all structures, buildings, and premises directly under overhead power lines or within Right Of Way of transmission and distribution power lines”.In the first paragraph of this letter, NEMSA said ” In recent past, there have been electrical accidents and electrocutions arising from snapped overhead [O.H] lines dropping on structures built under power lines, or within Right Of Way [ROW] of power lines”.
[3] In the letter addressed to the Managing Director of Obodankume Engineering by NEMSA, dated 20th January, 2022, this was stated in paragraph 2 ” You are hereby directed to stop further work on the electrical installation at Bossy Water Street, off. Tombia/Amassoma Road, Yenagoa, Bayelsa State until further notice”. The letter signed by Engr. Yusuf J, Area Inspection Engineer with ref: NEMSA/TS/TS&1S/PH/401/S.15/521 ended with ” Please, treat as urgent”.
[4] NEMSA’s letter addressed to the Nigeria Police Staff Intelligence Bureau, dated 15th February, 2022 with Ref: NEMSA/TS/TS&1S/PH/401/S.15/534 NEMSA confirmed that its Technical team visited the site of construction on 26th January, 2022 and went ahead to state observations/submissions. On No. 3b of its observations/ submissions, NEMSA categorically stated that ” Our on the spot assessment of the ongoing construction showed that there are defects on the ongoing electrical project such as inadequate safety distance between the High Tension [HT] power line and existing buildings/structures. Please note that according to Technical regulations, the clearance of 33KV High Tension [HT] line from all structures must not be less than 5.5m on either side [Taking the Yellow phase as reference point]. Kindly note that the content of the Federal Government Circular dated 26th April, 2017 on the disconnection of power supply to all buildings/structures directly under overhead power lines or within the Right Of Way [ROW] of power line is very clear”. And, in paragraph 4, NEMSA informed the police that it has directed the installation contractor to stop work until further notice.
CLO FACT-FINDING TEAM OBSERVATION:
[1]The Committee noticed that in the erection and installation of the High Tension cables on the Bossy Water 1 street, the High Tension cables were still too close to buildings/structures to guarantee safety and that, much more buildings/structures would have been affected. Thus, suggesting selective application in the demolition. It is clear that the issue of electricity or PHEDC Right Of Way is non-existent prior to this matter.
[2]The essence of balance in governance where a government agency undermines the court by carrying out demolition in a yet to be determined lawsuit, thereby altering the res is regrettable. Poor approach of the Physical Planning Development Board and PHEDC in resolving the dispute between residents may have resulted into the ugly situation.
[3] CLO observed that the running of High Tension power lines didn’t comply with PHEDC’s condition 11 [e] of maintaining 5.5 meters as contained in the letter to the contractor granting tentative approval, judging from the distances between buildings and the road [the HT in between]. Unfortunately, PHEDC saw nothing wrong running High Tension wires over existing houses and structures and where there is no legitimate Right Of Way to claim.
[4] NEMSA’s letter to the Transmission Company of Nigeria and all Distribution companies of 26th April, 2017 talked about disconnecting power supply from buildings/structures under power lines or within Right of Way. Sadly, PHEDC and the Bayelsa state agency responsible for the demolition decided to forcefully create Right of Way; that was still no right of way. The distance between the High Tension and buildings/ structures is not up to 5.5 meter in most part of the length of the street.
[5] NEMSA’s letter addressed to the Contractor [of the High Tension construction] dated 20th January, 2022 directed stoppage of work until further notice. The question is, did NEMSA vacated that order with another instruction before the demolition of buildings/structures and going ahead with flying of High Tension overhead? The Bayelsa State Physical Planning agency and PHEDC should take responsibility in answering this question.
[6] In the interest of safety, NEMSA made it very clear in the letter to the Niger Police Staff Intelligence Bureau, dated 15th February, 2022 that it has stopped the installation contractor because the situation didn’t allow for 5.5m on either side and against Federal Government Circular of 26th April, 2017.
CONCLUSION/RECOMMENDATION:
NEMSA, both as a Federal Government Management agency in the power sector and third party in this matter made it abundantly clear that safety of lives and property would be compromised if the High Tension connection project continued because of the lack of mandatory 5.5 meter space. But, it appears the vested interest of PHEDC and Bayelsa State government agency that ordered the demolition; force was used regardless of the fact that even as it is now it is unsafe. Instead NEMSA, the Bayelsa State agency in charge of Physical Planning should have been the one more concerned for the safety of residents; who are Bayelsans.
It could be reasonable inferred from NEMSA’s ”stop work until further notice” that, not only was the project not in line with expectations [Federal Government Circular of 26th April, 2017], it also envisaged or allowed room for negotiations between affected property owners, PHEDC and Bayelsa State government; to arrive at peaceful negotiated agreement as to whether landlords would willingly cede part of their properties to create ROW or the required 5.5 meter on either side. And, this supposition was reasonable.
Not only did NEMSA directly inform the electrical installation contractor to stop work until further notice, NEMSA also informed the Police that it has instructed the contractor to stop work; referring to an existing Federal Government Circular. Besides, NEMSA is an authority; as a Federal government agency in charge of electricity management in the country.
Also, considering the fact that there was an alternative route to run the High Tension, the insistence to endanger the lives and property of affected landlords by running the High Tension still on a matter that was in court reeks of high-handedness, disregard to law and impunity of the part of PHEDC and the Bayelsa state agency that directed the demolition of buildings/structures to have their way. And, unless this matter is given the desired attention; a bad precedent would have been established.
Government should not allow any organization [private or public] to exercise power through the whims and caprices of those privileged to occupy positions of public trust; but by the rule of law.
The place of compensation to the affected persons in line with the law cannot be ruled out as the properties destroyed have long been before the installation of the electric cables. Finally, the fact-finding Committee recommends that the issue be resolved in a manner that would not escalate into street fights, the law should be adhered to by all parties in dispute and restitution be made to victims whose properties were demolished.
Signed:
Com. Alagoa Morris
Chairman
Com. David West Member
Com. Seiyefa Akeboa Secretary
