Lagos Borehole Crackdown: Civil Society Coalition Threatens Mass Resistance, Accuses Government of Criminalising Water Access

Coalition cites legal exemption for domestic boreholes

At the centre of the dispute is the interpretation of the 2017 law, which the coalition said distinguishes between household water use and commercial or industrial groundwater extraction.

Citing Section 253(1), OWORAC noted that the law permits residents to construct, dig or extend a well or borehole within residential premises without obtaining a licence from the Lagos State Water Corporation, provided the water is abstracted for household domestic purposes and within the quantity necessary for such use.

The coalition also referenced Section 259(2), arguing that the licensing requirement applies to boreholes other than those intended for domestic use, particularly commercial and industrial abstraction.

According to the groups, LASWARCO’s public warning failed to adequately communicate these statutory exemptions, thereby creating the impression that all residential boreholes were illegal.

“By deliberately omitting these statutory exemptions from its public threats and threatening indiscriminate crackdowns, LASWARCO has overstepped its bounds, creating needless panic among already suffering residents, while recklessly encouraging neighbours to turn on one another over water, an essential daily need,” the statement said.

The coalition insisted that while the government has the responsibility to regulate groundwater extraction and protect the environment, such responsibility must not be exercised in a manner that violates existing legal protections or places an additional burden on households already struggling with the cost of living.

It therefore called on LASWARCO to publicly state whether domestic boreholes and wells are exempt from licensing under the 2017 law and guarantee that residents will not face harassment, property sealing or prosecution for ordinary household water use.

Public water supply crisis under scrutiny

Beyond the legal disagreement, the coalition questioned the justification for threatening residents over boreholes when the state’s public water infrastructure has failed to provide adequate access to safe and reliable water for a significant proportion of Lagos residents.

OWORAC cited official disclosures by the Lagos Water Corporation, claiming that the public water network has approximately 34,424 registered connections, representing about 1.03 per cent direct coverage in a state with a population estimated at more than 20 million.

Even under the Corporation’s broader explanation that individual connections serve multiple households and cover approximately 8.3 per cent of residents, the coalition argued that more than 91 per cent of Lagos residents remain outside the reach of the public water network.

The groups described the situation as evidence of prolonged institutional neglect, pointing to the poor operational performance of major water infrastructure, including the Iju, Adiyan and Ishasi waterworks.

“In reality, public taps across the state have been dry for decades, while massive, multi-billion-naira waterworks at Iju, Adiyan, and Ishasi rot away in an embarrassing state of operational underperformance,” the statement said.

The coalition further questioned the provisions of Section 252 of the 2017 law, which it said shields the Lagos Water Corporation from paying damages or compensation to citizens for the total failure or interruption of public water supply.

It argued that the government should not penalise residents for developing alternative sources of water when the public utility has been unable to meet their basic needs.

“A government that actively absolves itself of the constitutional duty to deliver water cannot legitimately turn around to criminalise and extort citizens who were forced to become their own mini-water authorities and service providers despite paying heavy taxes to the state,” the coalition stated.

For the groups, the controversy raises a fundamental question about the responsibility of government: whether regulation should protect a shared natural resource while ensuring public access, or become an instrument for penalising citizens who have been compelled to provide essential services for themselves.

Water contamination deepens hardship in vulnerable communities

The coalition also highlighted the difficulties faced by residents in communities where groundwater has reportedly been affected by environmental pollution, poor drainage, sewage contamination and saltwater intrusion.

It specifically identified Baruwa, Iludun and Ajegunle as areas where prolonged petroleum pipeline contamination has raised concerns about the safety of underground water sources.

It also pointed to coastal communities along the Lekki corridor, where inadequate drainage infrastructure and the absence of centralised wastewater management have reportedly contributed to sewage pollution and saline intrusion.

According to OWORAC, these environmental challenges have left some households unable to rely safely on groundwater, forcing families to spend substantial amounts purchasing water from private vendors.

The coalition described the situation as a form of acute water poverty in which residents face the double burden of unreliable public supply and unsafe alternative sources.

It maintained that the government’s response should prioritise environmental remediation, groundwater protection and the expansion of safe public water infrastructure rather than a blanket enforcement campaign against residential boreholes.

The groups also stressed that access to water is particularly critical for low-income households, women, children, informal workers and residents of densely populated communities, where the cost and availability of water can directly affect health, hygiene, education and livelihoods.

Community boreholes sustain neighbourhoods

OWORAC argued that privately funded domestic boreholes have become more than individual household facilities in many parts of Lagos, serving as informal community water systems sustained through cooperation and shared responsibility.

The coalition said residents in areas where groundwater remains usable often extend taps to the streets, share water with neighbouring households and contribute money towards electricity, diesel or petrol needed to operate pumping machines.

It described these arrangements as community-led responses to the failure of formal public water delivery.

Rather than dismantling such systems, the coalition urged the state government to study and support them as practical examples of local cooperation and community-driven service delivery.

“Rather than criminalising these self-funded lifelines, the state government ought to wear a garb of humility to study and support these community-led models of service delivery, learning how ordinary communities manage to share water so seamlessly without multi-million-dollar, pro-privatisation consultants and institutions dictating terms,” the statement said.

The groups argued that these arrangements demonstrate the ability of communities to organise around essential needs, even in the absence of adequate government support.

They also rejected the suggestion that transferring public water utilities to private operators or multinational corporations represents the only viable solution to Lagos’ water crisis.

According to the coalition, the state’s priority should be to restore public infrastructure, strengthen accountability and guarantee affordable access to water rather than create conditions that could make residents dependent on private water providers.

Groups accuse government of double standards over industrial water extraction

The coalition further accused LASWARCO of applying different standards to ordinary households and large commercial water users.

It recalled regulatory engagements between the Commission and multinational companies, including Nigerian Bottling Company, Guinness Nigeria and FrieslandCampina WAMCO, in late 2024.

According to OWORAC, LASWARCO had publicly acknowledged that it spent more than seven years engaging some industrial water users through diplomatic discussions despite outstanding compliance issues.

The coalition questioned why the Commission would reportedly tolerate years of engagement with large corporations extracting groundwater for commercial production while threatening households with task force operations, property sealing and criminal prosecution.

“It is unconscionable that the state could spend years patiently negotiating with multinational corporations guzzling millions of litres for private profit, yet threaten task forces, property sealings, and criminal charges against ordinary citizens drawing water for their pots and buckets,” the statement said.

The groups maintained that industrial and commercial abstraction should receive more rigorous regulatory attention because of the potential consequences of high-volume groundwater extraction for shared aquifers and the environment.

They called for transparent disclosure of enforcement activities, including the identities of major commercial abstractors, the volume of groundwater extracted, their licensing status and the measures taken against operators found to be in violation of environmental regulations.

For the coalition, effective groundwater regulation must be evidence-based and proportionate, with enforcement directed at activities that pose significant risks to shared water resources rather than indiscriminately targeting households.

Coalition raises concerns over privatisation and prepaid water schemes

OWORAC also expressed concern that the proposed crackdown could weaken community-based water systems and create conditions for the expansion of private water supply arrangements.

The coalition alleged that the threat against domestic boreholes could be part of a broader effort to push residents towards state-endorsed private water schemes and prepaid metering systems.

Although the statement did not provide documentary evidence establishing such a connection, the groups warned that any policy that restricts existing household water sources without first ensuring reliable and affordable public alternatives could leave residents with limited choices.

“We are not blind to the covert agenda underway. This aggressive threat to criminalise all boreholes is a calculated, manufactured siege designed to herd desperate residents into a captive market and bulldoze communities into forced prepaid water metering schemes,” the statement alleged.

The coalition maintained that access to water must remain affordable, equitable and non-discriminatory, warning against arrangements that could exclude low-income households unable to meet regular payment demands.

It therefore rejected the privatisation of the Lagos Water Corporation as a solution to the crisis, insisting that the government should retain responsibility for ensuring universal access to safe and affordable public water.

Groups demand policy clarification and public water reforms

To address the growing controversy, the coalition outlined a series of demands to the Lagos State Government and LASWARCO.

First, it called on the Commission to immediately clarify that domestic boreholes and wells are exempt from licensing under the relevant provisions of the 2017 law and guarantee that residents will not be subjected to harassment, property sealing or criminal prosecution for household water use.

Second, it urged the government to redirect regulatory enforcement towards high-volume commercial and industrial groundwater abstractors, as well as companies responsible for environmental pollution.

The coalition also demanded the rehabilitation of existing waterworks, including the Iju, Adiyan and Ishasi facilities, to improve public water supply and ensure equitable distribution across communities.

It further called for comprehensive governance reforms within the Lagos Water Corporation, advocating transparent management structures that give workers, communities, trade unions and civil society organisations a direct role in decisions concerning the public utility.

The groups said meaningful reform must go beyond infrastructure investment to address accountability, transparency, public participation and the affordability of water services.

They also urged the government to prioritise universal access to safe piped water instead of pursuing policies that could increase the financial burden on residents.

Community groups put Lagos Government on notice

As tensions over the proposed enforcement continue to grow, OWORAC called on Community Development Associations, youth councils, labour unions, artisans, market women and neighbourhood networks across Lagos to remain vigilant and organised.

The coalition said it would mobilise its member organisations and community structures to resist any attempt to seal domestic boreholes or demand what it considers unlawful permits from residents.

It warned that such actions would be met through legal challenges, public advocacy and coordinated mass mobilisation across the state.

“The state is formally put on notice that any attempt by LASWARCO or armed task forces to enter residential communities, demand illegal permits, or seal domestic boreholes will be treated as an unlawful provocation and met with immediate legal, public, and coordinated mass resistance across every community in Lagos until the social contract of universal public water delivery is fully restored,” the statement concluded.

The statement was endorsed by 25 individuals representing civil society organisations, labour unions, community associations, youth movements and human rights groups.

Among the signatories are Adewale Ojo, Chairman of the Committee for the Defence of Human Rights (CDHR), Lagos State; Dagga Tollar, Secretary of the Movement for Socialist Alternative; Zikora Ibeh, Assistant Executive Director of Corporate Accountability and Public Participation Africa (CAPPA); Okechukwu Nwanguma, Executive Director of the Rule of Law and Accountability Advocacy Centre (RULAAC); Peluola Adewale, National Mobilisation Officer of the Joint Action Front; and Gbenga Komolafe, General Secretary of the Federation of Informal Workers Organisation of Nigeria.

Other signatories include representatives of the Oworo Youth Forum, Ajegunle People’s Movement, Iludun Town Association, Centre for Human and Socio-economic Rights, Women Advocate Research Documentation Centre, Campaign for Democratic and Workers Rights, and several labour and community organisations.

The controversy places Lagos’ water governance policy under renewed scrutiny, raising questions about the balance between environmental regulation, citizens’ access to essential services, public infrastructure responsibility and the protection of community livelihoods.

As the coalition prepares to mobilise its networks, attention will now turn to LASWARCO and the Lagos State Government to clarify the legal position on domestic boreholes and explain how the state intends to protect groundwater resources without further restricting access to water for millions of residents.