[flash=200,200]http://Shackled by laws on noise pollution
VANGUARD
Dec 2, 2009

By Olasunkanmi Akoni
THEY have been perceived as agents of noise pollution. And determined to curb their excesses in this regard, the Lagos State government decided to clamp down on them, especially those found to have erred in terms of failure to comply with relevant laws enacted to check noise pollution in the metropolis.

In fact, at the last count, no fewer than 10 churches have been sealed up by the Lagos State Environmental Protection Agency (LASEPA). And their offence was cited as going against the noise pollution control policy of the state.

It all began about two years ago when the State Ministry of Environment took the first step of issuing out threat notices to churches, mosques and other religious institutions in the state to desist from constituting what it called “nuisance to members of the public” through their public address systems (PAS) which often blare out sounds at deafening decibels.
But the churches are fighting back or making a strong case of why they should be allowed to operate as they deem fit.


Publicly displayed public address systems: Said to be sources of noise pollutions Pix by: Bunmi Azeez

This they are doing under the auspices of the Christian Association of Nigeria (CAN), Oshodi Local Government Area of Lagos State which recently sought audience with the Speaker of the Lagos State House of Assembly, Mr. Adeyemi Ikuforiji on the need to urgently amend three critical areas of the purported laws in the interest of all.

They came prepared with a proposed amendment to the law. Although they could not see Speaker Adeyemi after waiting for several hours, they later met with the Assistant Clerk of the Assembly who received the proposal on-behalf of the assembly with an assurance that it would be forwarded to the appropriate committee for immediate consideration.

The laws proposed for amendment include the Lagos State Physical Development Regulation 2005, the Land Use Pattern and the Noise Pollution Control Policy.

The Noise Pollution Control Policy wants those concerned, especially churches and mosques, to desist from the use of externally placed speakers as well as refrain from the use of horn speakers within their premises.

It also prescribes that they observe night vigils once a month without musical instruments so as not to disturb other churches/ mosques within the same area. It says that the noise level should not exceed 55db during the day and 45 db at night, just as early morning service should not commence before 7.am and midweek services should not exceed 9pm and should be conducted without musical instruments.

Leader and spokesman of the group, Pastor Barnabas Otoibhi stated that the amendments became necessary to accommodate the erection of religious worship centres in residential areas as well as other places where people are found, so that all citizens can feel free to effectively discharge their duties in a mega city of their dream where God reigns.


According to the group, the laws should be amended for this important reason: The land Use Pattern, the Lagos State Physical Development Regulation 2005 and the Noise Pollution Control Policy violate the constitutional rights of Nigerians who are resident in Lagos State as against Sections 38 and 42 of the 1999 constitution, among others.

A four-page amendment proposal counter-signed by Rev. J. Olusoji (Chairman), Prophet Lawrence Olawoyin (Gen. Sec) and Pastor Otoibhi explained: “These laws must be amended because they violate the constitutional rights of many Nigerians who are residents in Lagos State. The noise pollution control policy, in its present form, is breeding disharmony in the polity; these laws are inconsistent with the Constitution of the Federal Republic of Nigeria 1999”.

According to CAN, citizens are groaning under the said laws/policy, adding that the laws “are inconsistent with the principles of divine law in Exodus 25: 1-8; this commandment must be adhered to”, saying that the laws “do not meet divine purpose in everything we do; we must consider pleasing God first because taking religious worship centres out of residential areas will insulate them from the public which they are supposed to train to become God-compliant and to support governmental initiatives”. They did not stop there.
“The state Physical Development Regulation 2005 and the Land Use Pattern which forbid the erection of worship centres in residential areas discriminate against the Christian faith which allows the Christians to worship in residential houses/areas,” CAN alleged.
The clerics recalled the meeting they held with the state Environmental Protection Agency (LASEPA) on March 26, 2009 during which the Agency informed them that churches within residential areas contravened state’s physical planning law, subsequently warning them to relocate churches to a more conducive environment as defined by the Land Use Pattern of the state.
The good news for CAN members is that after a meeting with the House Committee on Environment they were assured that government would amend the contentious law and that churches would not suffer any embarrassment as long as they do not constitute a nuisance to the public.

“Ironically, section 14 of the state physical development regulation 2005 (permissible development) made no provision for the erection of religious worship centre. The option that was available for religious organisations to utilize is known as ‘special application for change of use’ which is possible under the institutional zone of “permissible uses.
“Unfortunately, as at today, the ‘change of use ‘option is no longer permissible, so where does LASEPA relocation advice leave religious worship centres?” they asked.
They declared that if the laws are amended, “It would enhance the atmosphere of peace required to make progress in the mega city project. When laws are humane, they provoke love and promote patriotism.”
Confirming the receipt of the proposed amendment, house chairman on Environment, Hon, John Ogunkoya said; “we have receive their demands, we will make some verifications in the course of our findings, we will visit those places they said they have their branches, check if they are within residential areas and further identify them, see whether they are genuinely within that premises or not.”[/flash]




But in the real sense, why would a church, mosque etc, need a PAS (public address system)? Is it not the same Bible and Quoran that said that ‘He that wakes his neighbours with a loud voice early in the morning is he that is seen as having committed a sin’? Fashola is in right minds and I do not think that anyone in his right mind and manner, living in a sane society, should be told anything about noise pollution. I live in Russia that is not half as civilized as the pple of the mainland Europe and each time I visit home what comes to my mind is the dejavu that lingers as having visited the biggest psychiatric home in the world! Dear Mr. Fashola, you already have my vote as the best governor in the world and as Nigeria’s next president (if the Baba’s at home will give this a chance). Please do all what you can to put those sons of Eve and Adam who has turned the religion into business instead of practicing what they preach. You have our support. Originally, I am from the Eastern part of Nigeria (most importantly a Nigeria) but was born and bred in that great city of New york like Lagos, but when I left its shores, I came back to see abomination and impunity as been the order of the day. This breaks me emotionally. And to my fellow Nigerians and Lagosian: We understand the word meaning ‘common sense’, but I am sorry that is not as common as it sounds. Please, help the job of this God sent governor and leaders who are doing all what possible within their wits to see us all out of the destruction that we have been witnessing since independence. Let’s not feel that there’s nothing we can. There is! And that is if we help. God bless Fashola, God bless our leaders, clergies, imams and those that wishes the Federal Republic of Nigeria the best and worst. Amen