FROM MIJINYAWA BABA-UTHMAN,MINNA
The Nigerian Bar Association (NBA) Minna Branch has described the last Saturday petrol tanker fire explosion at Dikko in Gurara Local Government of Niger State as shocking and devastating
This was contained in a press release signed by the Chairman of the NBA in Minna Barrister Isyaku Barau and made available to newsmen in Minna who said the association received the new of the explosion with profound shock and sadness.
The incident, which occurred on the afternoon of 18th January, 2025, involved a fuel-laden tanker that crashed and exploded, tragically claiming the lives of about 80 people and leaving over 50 others with severe burns of varying degrees.
He said the NBA Minna Branch extends its heartfelt condolences to the families of the victims, as well as to the Government and people of Niger State, during this challenging time.
The incident, according to the NBA Chairman, like many similar tragedies across Nigeria, highlights systemic failures in safety practices, public awareness, and governmental responsibility.
"It is deeply concerning that such catastrophic accidents persist in our country, causing massive loss of lives and properties. The lack of preventive measures and enforcement of safety regulations continues to jeopardize the safety and well-being of citizens". he noted
"Under Nigerian law, he stated that the owner and driver of the tanker owe a duty of care to the public. Section 343 of the Nigerian Criminal Code Act emphasizes the obligation to take precautions to prevent harm when handling dangerous substances.
" Owners of fuel-laden tankers must ensure that their vehicles are roadworthy, adhere to all traffic regulations, and comply with safety protocols in the transportation of hazardous materials.
"In the event of an accident, it is their duty to immediately alert relevant authorities, particularly the Police and Fire Service, to mitigate risks such as fire and explosion.
"The primary responsibility of any government, as enshrined in Section 14(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), is the security and welfare of the people. In situations like this, the failure to deploy adequate security and emergency response teams to cordon off the accident site and prevent unauthorized access amounts to negligence on the part of the government.
"Judicial precedent in cases such as Amodu Tijani v. The Secretary, Southern Nigeria (1921) AC 399 reinforces the principle that the government has a duty to act in the best interest of its citizens, especially in life-threatening emergencies.
"While poverty and ignorance often drive individuals to engage in dangerous practices like scooping fuel from accident sites, such actions remain highly perilous and unlawful. The public must be sensitized on the dangers of tampering with hazardous materials.
The NBA Chairman posited that the Environmental Impact Assessment Act and regulations governing the handling of petroleum products impose strict prohibitions against unauthorized interference at accident sites involving hazardous substances.
To prevent further tragedies of this nature, the NBA Minna Branch urge the Niger State Government to take urgent steps to provide adequate compensation to the families of the deceased and those injured in the incident. Judicial principles in cases like Ogwuche v. Federal Roads Maintenance Agency (FERMA) (2011) LPELR-CA/J/43/09 underscore the importance of state responsibility in compensating victims of preventable accidents.
"The government must establish and equip emergency response units to promptly manage accidents involving hazardous materials. This includes deploying police and fire service personnel to secure accident scenes, in line with the provisions of the Petroleum Act and other regulatory frameworks.
Comprehensive campaigns must be launched to educate citizens on the dangers of tampering with hazardous materials and the legal consequences of such actions. Awareness can be strengthened through community engagements, schools, and mass media.
The Federal Road Safety Corps (FRSC), in collaboration with other relevant agencies, must rigorously enforce safety regulations on the transportation of hazardous materials. Periodic vehicle inspections, driver training, and stricter licensing requirements must be prioritized to prevent future accidents.
The Nigerian Bar Association, Minna Branch, stands committed to ensuring that justice is served for the victims of this tragedy. We will collaborate with relevant authorities and stakeholders to advocate for necessary reforms, compensation, and accountability. This tragic incident must serve as a wake-up call for both the government and the citizens to take collective responsibility in preventing such occurrences in the future.
