July 23, 2012 His Excellency Babatunde Raji Fashola (SAN) The Executive Governor of Lagos State Governors

Office Alausa-Ikeja Lagos

Plot 758 Chief Thomas Adeboye Drive Omole Phase 2 Isheri Lagos Postal P.O. Box 13616 Ikeja-Lagos Nigeria Tel: 234.1.764.4299 info@serac.org www.serac.org

Dear Governor Fashola: RE: DEATH AND DESTRUCTION IN MAKOKO BY THE LAGOS STATE GOVERNMENT I write to express my strongest condemnation of the despicable acts of violence, cruelty and extreme lawlessness demonstrated by your government in the treatment of residents of Makoko community. It is even more disturbing that these acts are being perpetrated by high ranking officials of your government, seemingly, with your condonation if not approval. Mr. Governor, I humbly urge you to end the crass impunity of your urban development and management officials. On Monday July 16, 2012, the Lagos State government commenced the demolition of the Makoko Waterfront following a 72 hour quit notice, dated July 12, 2012, issued to some residents by the Ministry of Waterfront Infrastructure Development. Between Monday July 16 and Saturday July 21, 2012 the Lagos State demolition squad, backed by heavily armed policemen, destroyed the homes and properties of Makoko residents. On Saturday July 21, 2012, the demolition took on an even more violent dimension. Without justification, a citizen, Mr. Timothy Azinkpono, a resident of Makoko was shot dead by the police. Gruesomely, police bullets ripped through his stomach discharging his intestines and other internal organs. (Please see attached photograph of the deceased.) In the notice to quit, the Lagos State government accused the residents of developing shanties on the waterfront and impeding economic and gainful utilization of the waterfront for navigation, entertainment and recreation. Continuing, the notice declared that the Lagos State Government is desirous of restoring the amenity and value of the waterfront, protect life and property, promote legitimate economic activities on the waterfront, restore security, improve water transportation and beautify the Lagos waterfront/coastline to underline the mega city status of the Lagos State and has decided to clear all illegal and unauthorized developments on its waterfront and water bodies. So far, over 30,000 residents, including women, children, and the elderly have lost their homes. Over 120,000 residents face imminent displacement. The evictees are further endangered as many of them are now forced to live and sleep in their canoes. The Social and Economic Rights Action Center (SERAC) is investigating a report of the drowning of 3 children of a family when their canoe capsized as they slept during the night of Wednesday July 18, 2012. At a meeting with Mr. Adesegun Oniru, Commissioner for Waterfront Infrastructure Development, on Friday July 20, 2012, he informed me that he was committed to

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completing the destruction of Makoko. He stated that the Lagos State Government had no intention of compensating or resettling the Makoko evictees. Mr. Oniru declared that Makoko residents are not indigenes of Lagos State and that they should return to their states of origin. He further declared that demolishing their homes will force their exit from Lagos. When I suggested to him that his statements were capable of being perceived as a declaration of a policy of ethnic cleansing through forced migration, a crime against humanity under international law, he responded I dont care. Mr. Oniru has been visible and vocal in the news media on his intolerance for citizens, like Makoko residents, that he has adjudged as expellable. These acts and utterances of a high ranking official of your government are uncivil and unacceptable in a constitutional democracy. They are capable of promoting ethnic tension and social strife. Lagos states ethnic and cultural diversity is what makes Lagos a uniquely global city. The Constitution of the Federal Republic of Nigeria affords protection to all persons to move freely and reside in any part of the country without discrimination or state-sponsored violence to compel their removal from their places of abode. Makoko is well documented and globally recognized as an ancestral fishing settlement that has flourished since the 1860s. It is comprised predominantly of Yorubas, Eguns, Ilajes and Ijaws. The lifestyles, occupation, cultures and identity of majority of the residents are intricately connected to access and use of open water for fishing and transportation of wood from the hinterland to Lagos. The people of Makoko have coexisted peacefully despite the communitys ethnic and religious diversity. The community also boasts of highly developed structures of organization that ensure the security and overall cohisiveness of the community. Its domestic economy is equally vibrant. Over 40% of all smoked fish consumed in Lagos is processed in the community. The tourism potential of Makoko is immense and can be harnessed through thoughtful and participatory planning. It is unsconscionable to give 72 hours notice to anyone to vacate their home under any circumstance. That is a violation of the due process of law. Further, under the laws of the land, it is unlawful to forcibly evict anyone from their home without appropriate statutory notice and without an order of a court of competent jurisdiction. Makoko residents were in possession of their land and properties. It is unlawful for the state to dispossess them of their properties without a valid order of court. That the Lagos state government can improperly utilize the coercive powers of the state to brutalize poor citizens and grab their land does not and will never make it lawful. The governments actions in Makoko are remarkably invidious because of the very reasons it has advanced in justification of the demolition. Pushing the poor deeper into poverty by seizing their land in favor of the rich and powerful in society is economic violence and a recipe for urban strife. The ongoing demolition of Makoko is yet another episode of violent eviction in Makoko. You will recall that on December 23, 2010, officials of the Lagos Task Force on the Environment demolished the homes of over 2,000 people on a private land in Makoko. Citizen Waheed Saka was shot dead during that demolition. This incident was the subject matter of SERACs letter dated January 28, 2011. The inquiry that Your Excellency ordered through the Ministry of Justice was never carried out because Task Force officials treated the process with contempt by their persistent absence at the inquiry. Till date, no one has been held accountable for the mindless violence inflicted on Makoko residents by officials of the Task Force. Makoko and Iwaya are two of nine communities targeted for upgrading under the 200 Million US Dollar World Bank-funded Lagos Metropolitan Development and Governance Project (LMDGP). Under the project, the Lagos State government is obligated to observe safeguard standards in accordance with the Banks operating policies that mandate the provision of effective remedies for involuntary displacements.

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Notwithstanding its contractual commitments under the LMDGP and its legal obligations to respect the human rights of all citizens under the Constitution and international law, the Lagos State government has continued to treat residents of impoverished communities as expendable people. The recent demolition and burning of the homes of Ijora Badia residents by the Kick Against Indiscipline (Kai Brigade) remains unaddressed. As a member of the Steering Committee of the LMDGP, I am utterly disappointed by the betrayal of the lofty goals for which the project was designed. I can no longer see any justification for my continued service on the Steering Committee. I do hereby tender my resignation from the Committee. I shall take prompt steps to formalize my resignation under a separate cover. I thank you for the opportunity to serve. SERAC remains committed to defending the rights of these citizens in accordance with the Constitution and international law. In addition to exploring all legal avenues to obtain full and effective remedies for the victims of these eggregious violations, SERAC will bring a petition before the World Bank Independent Inspection Panel to ask for an immediate review of the LMDGP to ascertain whether or not the Lagos state government has violated its contractual and legal obligations in the treatment of communities targeted by the project, and to recommend appropriate measures to bring the Lagos state government into compliance with terms of the project. We remain available to offer ideas and suggestions regarding possible expeditious, fair and just resolution of these concerns. Yours sincerely,

Felix C. Morka Executive Director CC: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Minister for Finance President, World Bank World Bank Country Director for Nigeria Inspector General of Police Commissioner of Police, Lagos State Area Commander, Area H Police Command Commissioner for Waterfront Infrastructure Development The Chairman LMDGP The Director LMDGP The Media

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