A Landmark of problems, by Chris Adetayo

I sympathize with the guys at Landmark. I know how that area looked in 2009. We were scouting for a venue to host a major event and met their representative. At the time, the area was virtually empty, devoid of structure and form. It took serious money to get it to become what it is today.

However, I disagree with the campaign they have waged over the coastal road issue. Much of it is devoid of facts and lacking in legal backing. It is, in effect, a strategy hinged on the saying that, “when you don’t have the facts on your side, quote the law; when you don’t have the law on your side, quote the facts; when you have neither, simply shout”. Landmark has been shouting and whipping up sentiments. It has become political and tribal – the very potent mix that often paralysis progress in Nigeria.

So what are the facts? Let’s dig deep.

Landmark bought and owns land contiguous to the shoreline of the Atlantic Ocean in the Oniru area of Victoria Island. A shoreline is the land immediately bordering the ocean. The laws of Nigeria say that all our shorelines up to 250m inland are owned by the federal government. Is there any record that the FG let or sold the shoreline to Landmark? If there is, Landmark has not made this claim.

Landmark built multiple businesses on the land it owns. These include hotels, event centres, and shopping malls. It termed them the “Landmark Ecosystem”. Taking advantage of its sharing borders with the shoreline, it put up many leisure facilities on it and controlled access to this area. The area became known as “Landmark Beach” – even though there’s nothing existing legally with that name. In doing so, it made it a part of its “ecosystem” and generated revenue from same and paid taxes. All well and good.

Now, the Federal Govt, owners of the shoreline, desire to build a road on it. To do so, it requires Landmark to vacate the shoreline. The same requirement (to vacate) is placed on other “illegal squatters” of the shoreline along the same route (i.e., neighbours of Landmark). Knowing the impact on its business, Landmark kicked against the request.

It hinged its opposition in part to the alleged design of a Coastal Road planned by the Lagos State Govt. That road, supposedly planned as an alternative to the Lekki Expressway, takes a different route. However, the snag with this argument is that the said road is by LASG and not the FG. LASG could not have planned a coastal road on federal land unless it had a permit to do so. So there are clearly 2 different roads here, and a plan by LASG can not be compelled on the FG.

It also argues that constructing the coastal road along the shoreline will wipe out millions of dollars of investments it has made on the shoreline. With respect, Landmark’s greatest investment is not on the “Landmark Beach”. The real investment is in the properties situated on the land that it owns and which are not affected. What is true though is that the beach is a magnet that attracts many to the facilities that Landmark has. Without the beach, it has to find other ways of pulling people to these facilities? Hard? Yes. Impossible? No! The event centres it owns are not beach dependent, for instance.

Many have argued that there is no reasonable rationale for the fast pace at which the FG is moving to construct this road. That there are other infrastructure priorities (eg), the road from Ibadan to my hometown could do with attention). Also, Nigeria is currently broke, and putting serious money on such a project seems misplaced at the moment. These are reasonable arguments.

But I suspect that the FG wants a signature Big Ticket project to flaunt in the near future. For all his failures, Buhari can always point to 2NB, just like IBB mentions 3MB when his failures are spelt out.

As for being broke, we probably throw more money away on frivolous things than road construction. Truth is, we don’t have enough roads and certainly not enough good roads. Any addition helps and should be welcome. A coastal road has many strategic benefits and is long overdue.

Are there remedies for Landmark? Well, it is interesting that it has not made any efforts at seeking legal redress. Why? One has to assume that it’s legal representatives have made clear it has no justiciable claim. Despite this, the FG has promised to pay compensation to support those displaced. I urge Landmark to take up this offer and perhaps seek some further concessions that will help its business. Frankly, this is much better than the belligerence it is showing now through the electronic and social media.

As for the motley crew who see this as further attack on Igbo businesses, let’s grow up, please.

-Adetayo is a public affairs commentator