LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE CONTROL OF ENVIRONMENTAL POLLUTION IN NIGERIA
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LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE CONTROL OF ENVIRONMENTAL POLLUTION IN NIGERIA
This project deals with the legal and institutional framework for the control of Environmental Pollution in Nigeria.
Pollution of the environment leads to the degradation of the environment, which is a consequence of industrialization. In Nigeria, there are laws that are enacted to safeguard our environment. There are also institutions put in place to enforce these laws.
However, recent experience has shown that despite these laws and the institutions, the environment (air, water and land) is still being polluted by man. Yet, it is this environment that man lives.
This long essay is a contribution to the relationship of man and the environment. This work is important because it relates to life. For life to be protected, the environment must be safeguarded. This is not only for present generation, but also for future generations of Nigerians.
Consequently, the crucial issue is not to halt all domestic, commercial and industrial activities in order to sustain the quality of the environment, rather, the issue is to examine the legal and institutional framework for the control of environmental pollution in Nigeria whether they have been able to attain the objective of their enactment and establishments. If they have done that, then we shall be done but if not, we shall proffer certain recommendations for the effectiveness of the laws and the institutions.
This work shall be limited in scope to Nigerian environmental laws and institutions. For the purpose of an indept analysis and a proper comparative analysis, positions of other countries e.g. Canada and America shall be referred to in passing.
There could arise during the course of this research some intervening variables which might prevent the researcher in presenting a flawless and perfect work on this study. These include: the dearth of cases in respect of environmental issues. Also envisaged is the problem of laying hands on both foreign and local journals in this topic.
Nevertheless, the above intervening variables shall not prevent the researcher from presenting an analytical work based on this topic.
This research work will be based on a critical and analytical study of the topic under discuss, spread across the following chapters:
Chapter One: Introduction
Chapter Two: The Legal Framework for the Control of Environmental Pollution in Nigeria.
Chapter Three: The Institutional Framework for the control of Environmental Pollution in Nigeria.
Chapter Four: Analysis of the Legal and Institutional framework for the control of Environmental Pollution in Nigeria.
Chapter Five: Conclusion and Recommendations.
TABLE OF CONTENTS
Title page i
Table of Contents vii
Table of Cases x
Table of Statutes xii
Table of Abbreviation xiii
CHAPTER ONE: INTRODUCTION
1.0 Introduction 1
1.1 Definition of Environment 8
1.2 Pollution 10
1.3 Types of Pollution and Sources 12
1.3.1 Water Pollution and Sources 12
1.3.2 Noise Pollution and Sources 15
1.3.3 Air Pollution and Sources 17
1.3.4 Land Pollution and Sources 19
CHAPTER TWO: THE LEGAL FRAMEWORK FOR THE
CONTROL OF ENVIRONMENTAL POLLUTION IN NIGERIA
Common Law 21
The 1999 Constitution 26
National Policy on Environment 31
The Criminal Code 31
Oil in Navigable Waters Act 32
Oil Terminal Due Act 34
Associated Gas Re-Injection Act 35
The Petroleum Act 36
Petroleum (Drilling and Production) Regulations 37
Mineral Oil Safety Regulations 39
The Environmental Impact Assessment Act 39
The Harmful Waste (Special Criminal Provisions) Act 41
The Federal Environmental Protection Agency Act 42
States Pollution Control Laws 43
International Conventions Adopted by Nigeria in
Regulating Pollution 43
CHAPTER THREE: THE INSTITUTIONAL FRAMEWORK FOR
THE CONTROL OF ENVIRONMENTAL POLLUTION IN NIGERIA
Federal Institutional Framework 45
National Environmental Standards Regulations
Enforcement Agency 45
The Police 51
The Federal High Court 52
State Environmental Protection Agencies 56
Local Government Level 58
Individual/Private Enforcement 59
CHAPTER FOUR: ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE CONTROL OF ENVIRONMENTAL POLLUTION IN NIGERIA
Legal Framework – Analysis 61
Institutional Framework – Analysis 79
CHAPTER FIVE: CONCLUSION AND RECOMMENDATIONS
TABLE OF CASES
A.C.F. v Commonwealth (1986) 146 CMLR 493
A.G. Lagos State v. AG Federation (2003) 12 NWLR (pt. 833).
Abacha & Ors. V. Gani Fawehinmi (2000)6 NWLR (pt. 660) p. 228
Abiola v. Ijeoma (1970) 2 All NLR 768
Adeniran v. Interland Transport Limited (1986)2 NWLR (pt. 20) p. 78
Allah Irou v. Shell BP. Suit No. W/89/71 (Unreported)
Amos & Others v. Shell BP. (1977) 6 S.C. p. 9
Archbishop Anthony Olubunmi Okojie & Ors. V. Attorney-General of Lagos State (1981) 1 Nigerian Constitutional Law Report 262.
Fawehinmi v. Akilu (1987)4 NWLR (pt. 67) p. 797
Isaiah v. SPDC (2001) 11 NWLR (pt. 723) p. 168.
Mcdonald v. Associated Fuels Ltd (1954 (1954)3 D.L.R. 775
Nigerian National Petroleum Corporation v. Selle (2004) 4 NWLR (pt. 856) p. 379
Obasanjo v. Yusuf (2004)9 NWLR (pt. 877)p. 144.
Onajoke v. Seismograph Services Ltd (Unreported) Suit. No. SHC/28/67
Oronto Douglass v. SPDC & Others (Unreported) Suit No. FHC/L/CS/573/931
Owoniyi Omotosho (1961) NLR 30
R. v. Inspectorate of Pollution Ex Parte Green Peace (1994) 2 CMLR 548, (1994) All E.R. 329
Read v. Lyods and Co. Ltd (1945) KB 216 p. 236.
Ryland v. Fetcher (1886) I.R. EX 265
SP.D.C. v. H.B. Fishermen (2002) 4 N.W.L.R. (pt. 758) p. 205
Seismograph Services v. Mark (1993) 7 NWLR 203
Seismograph Services v. Ogbeni (1976) I.S.C. 85
Shela Zia v Water and Power Development Authority Plc (1994) SCA 16
Total (Nig.) Plc v. I.I.R.A. (2004)7 NWLR (pt. 873) p. 453
Umudje v. Shell BP (1975) 9-11 SC 172
TABLE OF STATUTES
Constitution of The Federal Republic of Nigeria, 1999 –
The African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap 10 Laws of the Federation of Nigeria, 1990
The Criminal Code Cap 77 Laws of the Federation of Nigeria, 1990
The Criminal Procedure Act Cap 80 Laws of the Federation of Nigeria, 1990
The Evidence Act, Cap 1 2 Laws of the Federation of Nigeria, 1990
Associated Gas Re-Injection Act, Cap 26 LFN 1990
Edo State Environmental Sanitation Edict of 1994
Environmental Sanitation Edict of 1994
Environmental Impact Assessment Act 1992 –
National Environmental Standards Regulations Enforcement Agency Act 2007
Harmful Waste (Special Criminal Provisions) Act Cap 165, LFN, 1990
Oil in Navigable Waters Act Cap 337, LFN, 1990
Oil Terminal Due Act Cap 339 LFN, 1990
The Petroleum Act Cap 310 LFN, 1990
Petroleum Drilling and Production Regulations Cap 350 LFN, 1990
Mineral Oil Safety Regulations, Cap 350 LFN, 1990
Oyo State Environmental Sanitation Edict, 1986
The Civil Aviation Act Cap 51 Laws of the Federation of Nigeria 1990
Lagos State Environmental Sanitation Edict No. 3 1998
The Basel Convention of 1987
The Bomako Convention of 1991
The Stockholm Conference of 1972
TABLE OF ABBREVIATION
A.C. Appeal Cases
All ER All England Reports
A.N.L.R. All Nigerian Law Reports
Cr. App. R. Criminal Appeal Reports
E.N.L.R. Eastern Nigerian Law Reports
N.L.R. Nigerian Law Reports
N.M.L.R. Nigerian Monthly Law Report
N.R.N.L.R. Northern Region of Nigeria Law Reports
N.S.C.C. Nigeria Supreme Courts Cases
N.W.L.R. Nigerian Weekly Law Report
Q.B. Queen’s Bench
S.C.N.J. Supreme Court of Nigeria Judgements
W.A.C.A. Selected Judgements of the West African Court of Appeal
W.L.R. Weekly Law Report
W.R.N.L.R. Western Region of Nigeria Law Report
K.B. Law Report of Kings Bench
Nigeria is a large, developing country, blessed with resources but subject
to environmental degradation. Typical examples of environmental degradation are deforestation, soil erosion, flooding, and industrial pollution. Before the enactment of the Environment Impact Assessment (EIA) Decree No. 86 of December, 1992 (Federal Republic of Nigeria 1992a), detailed analysis of the biophysical and socioeconomic impacts of major development projects were to a large extent ad hoc, fragmented, or in some instances nonexistent.
Spurred by growing environmental awareness in many parts of the world, recognition of EIA as a tool for better environmental protection and management at the national level became evident in the early 1980s, starting with the Fourth National Development Plan (1981–1985). This plan proposed the development of environmental impact statement (EIS) in
feasibility studies for all projects (private and public) and stipulated that an EIS should include plans to mitigate adverse environmental effects of a project. Also, for the first time in Nigerian development planning, a
section on environmental planning and protection was included. The need for EIA was reiterated at a seminar on Environmental Awareness for National Policy Makers organized by the Federal Ministry of Housing and
Environment in 1981 (Federal Ministry of Housing and Environment 1982).
Similarly, various national documents on environment, construction, and agriculture policy recognized the use of EIA as a strategy for achieving sustainable development. Many academicians wrote of the need for EIA,
and grassroots activists agitated for restitution in Nigeria’s oil producing areas. Consequently, some form of EIA studies started around the mid- 1980s in the oil industry. Related developments were observed in land use planning and development permit approval in states such as Lagos and
Bendel (Olokesusi 1992a). Nonetheless, there was never a systematic, legal and institutional framework for EIA until the promulgation of Decree No. 86 of 1992. This article assesses this EIA legislation and procedure in the
light of the projects that have been subjected to full EIA since 1994.