PHASE 2 OF 591
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Transcript of PHASE 2 OF 591
CHAPTER 1 – INTRODUCTION
Many human and industrial activities have the potential to cause pollution.
With respect to water quality, pollutants may enter surface or groundwater
directly, run-off the surrounding catchment, or be deposited from the
atmosphere. They may enter a system through a point source discharge (e.g.
discharges through pipes), or may be more dispersed and diffuse (e.g.
agricultural run-off). However, pollution from both point and diffuse sources
may be exacerbated by a number of factors such as weather10. Pollution,
industrial waste and the discharge of poisonous chemical are some of the most
watched and monitored environmental crisis in the country. The sources of
these releases are usually regulated by various government environmental
regulations, with a timeline of reduction to a tolerable minimum.
The United States industries for example, are the greatest source of pollution,
accounting for more than half the volume of all water pollution and for the
most deadly pollutants. Some 370,000 manufacturing facilities use huge
quantities of freshwater to carry away wastes of many kinds. The waste-
bearing water, or effluent, is discharged into streams, lakes, or oceans, which
in turn disperse the polluting substances. In its National Water Quality
Inventory, reported to Congress in 1996, the U.S. Environmental Protection
Agency concluded that approximately 40% of the nation’s surveyed lakes,
rivers, and estuaries were too polluted for such basic uses as drinking supply,
fishing, and swimming. The pollutants include grit, asbestos, phosphates and
nitrates, mercury, lead, caustic soda and other sodium compounds, sulphur
and sulphuric acid, oils, and petrochemicals23.
Looking at Nigeria, many companies have for long been undertaking the
activities of the said US companies in Nigeria. Only that here, their activities
are not effectively unregulated. While the health consequences and
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environmental impact would be the same. In addition, numerous
manufacturing plants pour off undiluted corrosives, poisons, and other noxious
by products. The construction industry discharges slurries of gypsum, cement,
abrasives, metals, and poisonous solvents. Another pervasive group of
contaminants entering food chains is the polychlorinated biphenyl (PCB)
compounds, components of lubricants, plastic wrappers, and adhesives. In yet
another instance of pollution, hot water discharged by factories and power
plants cause so-called thermal pollution by increasing water temperatures.
Such increases change the level of oxygen dissolved in a body of water,
thereby disrupting the water’s ecological balance, killing off some plant and
animal species while encouraging the overgrowth of others.
This has led to the invention of new manufacturing methods, industrial
machines and new concepts in toxic waste management, a global
phenomenon that has set a standard in many industrial countries across the
globe. The global focus by industrialised nations on pollution was brought
about by the many health crisis and conditions, which researchers pointed
towards contamination by chemicals released from the mentioned sources.
While advanced nations continue to struggle with their toxin and emission
controls, in Africa and countries like Nigeria, industrial waste are continuously
been discharged into the environment through public drainages and canals.
Dangerous substances from Ginneries, tanneries, oil exploration, plastic
products and beverages manufacturing, textiles and other essential
commodities, are channelled for years into the environment without any
regulations10.
A visit to Kano, Kaduna and Ibadan and other industrialised states showed that
industrial waste is directly channelled into the public canals and gutters. In
Kano for example, Industrial waste from the Nasarawa industrial quarters flow
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into the gutters through Tudun Wada, Brigade, Airport road to Farmlands far
away, a situation that has compounded health crisis for many years, thus,
usually when there were cholera crisis, the number of people hit in Kano is
high.
Virtually all water pollutants are hazardous to humans as well as lesser species;
sodium is implicated in cardiovascular disease, nitrates in blood disorders.
Mercury and lead can cause nervous disorders or even death. The recent cases
of lead poisoning in Zamfara state is actually a warning.
Some contaminants are carcinogens. DDT is toxic to humans and can alter
chromosomes. PCBs cause liver and nerve damage, skin eruptions, vomiting,
fever, diarrhoea, and fatal abnormalities. Along many shores, shellfish can no
longer be taken because of contamination by DDT, sewage, or industrial
wastes.
Dysentery, salmonellosis, cryptosporidium, and hepatitis are among the
maladies transmitted by sewage in drinking and bathing water. Environmental
analysts are asking where is the environmental impact assessment by the
companies, which is supposed to guide their operations? The Dutch company
which has played a major part in oil exploration and environment
contamination has for long refused to take responsibilities even after court
judgements against it. Recently, the case came to the public light, when the
United Nations released its report on the destruction of environment in the
Niger Delta by Shell23.
Other equally dangerous sources of contamination have become a daily affair
in Nigeria. With the near absence of electricity, most families use generating
set in the evening, while businesses mostly, and generate their electricity in
the day time. The activities of public and private transportation are not even
spoken about. The atmospheric concentration of carbon dioxide, the major
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greenhouse gas directly affected by human activities, has increased by about
30% since the beginning of the pre- industrial era around 1750 because of the
combustion of fossil fuels and changes in land- use practices. During the same
period of time human activities have also increased the atmospheric
concentrations of other greenhouse gases such as methane and nitrous oxide,
and regional pollutants such as sulphate aerosols. Increased atmospheric
concentrations of greenhouse gases tend to warm the atmosphere, while
increased concentrations of aerosols tend, in some regions, to cool the
atmosphere10.
The Earth’s climate, which has been relatively stable during the past 10,000
years, is now changing. The Earth’s surface temperature this century is as
warm as or warmer than any other century during the six hundred years; the
Earth’s surface temperature has increased by about one degree Fahrenheit
over the last century; and the last few decades have been the hottest this
century. In addition, there is evidence of changes in sea level, glaciers are
retreating world-wide, and the incidence of extreme weather events is
increasing in some parts of the world.
Computational models that take into account the observed increases in the
atmospheric concentrations of greenhouse gases and aerosols simulate the
observed changes in temperature quite well, suggesting that there is a
discernible human influence on the Earth’s climate.
We shall however not forget that the energy crisis has led Nigeria into even a
bigger problem, as most families who can no longer afford kerosene because
of its scarcity and high cost have now resorted to firewood and charcoal.
The forest around Nasarawa state and many parts of Nigeria have become
ready sources of firewood and charcoal. With unregulated tree felling
practices, truckloads of the commodity arrive various cities daily23. This also
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spells doom for Nigeria. In Neighbouring countries of Cameroun, felling a tree
attracts a stiffer punishment, in Nigeria, such is done with impunity.
Nigeria cannot be said to be an industrialised nation, but the activities of the
few industries in the country must be effectively regulated to have a global
standard. Failure to do that would be responsible for pollution and health crisis
in the future10. The paper employs empirical literature in discovering and
analyzing the issues surrounding environmental in Nigeria. The paper is divided
into chapters, the next chapter (Chapter 2) looks at definition, types, effects of
environmental pollution, the third Chapter studies the history and various
environmental pollution control regulations, chapter four analyses the
problems and solutions to environmental pollution control regulation in
Nigeria and chapter five concludes and proposes some recommendations for
effective and successful implementation of environmental pollution control
regulation in Nigeria.
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CHAPTER 2 – ENVIRONMENTAL POLLUTION
2.1 DEFINITION OF ENVIRONMENTAL POLLUTION
Environmental pollution is the introduction of contamination into the environment that cause harm or discomfort to humans or other living organisms, or that damage the environment, which can come in the form of chemical substances, or energy such as noise, heat or light. Pollutants can be naturally occurring substances or energies, but are considered contaminants when in excess of natural level15. Again, environmental pollution is “the addition of any substance or form of energy (e.g., heat, sound, radioactivity) to the environment at a rate faster than the environment can accommodate it by dispersion, breakdown, recycling, or storage in some harmless form”17.
Although pollution had been known to exist for a very long time (at least since
people started using fire thousands of years ago), it had seen the growth of
truly global proportions only since the onset of the industrial revolution during
the 19th century16.
2.2 MAJOR TYPES OF ENVIRONMENTAL POLLUTION
When we talk about the earth's environment, we generally refer to the
atmosphere (air), lithosphere (soil/rock) and hydrosphere (water) - which
happen to be the three spheres of the planet (with the fourth sphere being the
biosphere comprises all living forms on the planet.) When contaminants are
introduced into any of these three components of the planet it amounts to
environmental pollution. For instance, release of harmful gases in the
atmosphere results in air pollution, discharge of sewage waste in water bodies
results in water pollution and introduction of harmful chemicals in soil results
in soil pollution. Of the various different types of environmental pollution that
the planet is subjected to, air pollution, water pollution and soil pollution are
the three major types5.
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Three major types of environmental pollution are water, air and soil pollution.
There are different ways in which the quality of the environment is degraded
by these means.
2.2.1 Air Pollution
This kind of pollution results from the adulteration of pure air which exists in
nature. There are many pollutants released in the air which dilute the
natural/original quality. Most of these pollutants are emitted from industrial
plants. Automobiles also play a major role in raising the levels of air pollution.
The carbon monoxide and other sulphur-based gases released by vehicles are
greatly responsible for air pollution. It was at the onset of the Industrial
Revolution that air pollution started affecting our world to a great extent.
Today, there are many different sources of air pollution. Chloro-fluoro carbon
is one of the greenhouse gases along with carbon monoxide which causes
thinning of the ozone layer. The ozone layer is important from the point of
protecting life on earth as it blocks the ultraviolet rays from entering the
atmosphere of our planet. The particulate matter present in air apart from the
above mentioned gases is the cause of health problems like asthma. Air
pollution is also one of the causes of acid rains. Such type of rain affects the
quality of soil that they seep into; chemicals which come down in the form of
acid rain renders it useless for plant growth10.
The effects of air pollution on humans are fatal and life-threatening. WHO
statistics report that over 2 million people succumb to the fatalities attributed
to air pollution. Consistent exposure to the pollutants leads to the
development of10:
•Cardiopulmonary disease.
•Pneumonia.
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•Premature mortality.
•Heart attack.
•Asthma.
•Difficulty in breathing.
•Wheezing and coughing.
•Acute vascular dysfunction.
•Thrombus formation.
•Cystic fibrosis.
•Chronic obstructive pulmonary disease.
•Chronic bronchitis.
•Emphysema.
2.2.2 Water Pollution
The quality of water on earth is undergoing degradation day-by-day due to the
accumulation of pollutants. Pollutants that alter the quality of water include
industrial effluents, insecticides washed off in water bodies, oil spills, etc. All
these pollutants have a damaging effect on the flora and fauna of our planet.
For example, oil spills cause the death of thousands of fish every year.
Industrial effluents drained into rivers damage the quality of water and even
cause death of many aquatic animals. Impure water is the cause of many
waterborne diseases (typhoid, diarrhea) in human beings. The water that
contains chemicals also affects the normal functioning of liver and kidneys3.
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2.2.3 Soil Pollution
The pollution of soil affects the entire ecosystem as it is the source of
food/nutrition of all the living beings on earth. Any alteration of the purity of
this natural resource (soil) has a 'chain-reaction' kind of effect. Pollutants
mixed in the soil enter the food chain and disseminate to every nook and
corner of the planet. Amongst the three major types of environmental
pollution, soil pollution is therefore, the most dangerous. Apart from
insecticides, pollutants in the soil are also emitted as a result of leaching of
landfill wastes.
The effects of pollution on soil are quite alarming and can cause huge
disturbances in the ecological balance and health of living creatures on earth.
Some of the most serious soil pollution effects are mentioned below4.
•Decrease in soil fertility and therefore decrease in the soil yield. Definitely,
how can one expect a contaminated soil to produce healthy crops?
•Loss of soil and natural nutrients present in it. Plants also would not thrive in
such a soil, which would further result in soil erosion.
•Disturbance in the balance of flora and fauna residing in the soil.
•Increase in salinity of the soil, which therefore makes it unfit for vegetation,
thus making it useless and barren.
•Generally crops cannot grow and flourish in a polluted soil. Yet if some crops
manage to grow, they would be poisonous enough to cause serious health
problems in people consuming them.
•Creation of toxic dust leading is another potential effect of soil pollution.
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•Foul smell due to industrial chemicals and gases might result in headaches,
fatigue, nausea, etc. in many people.
•Soil pollutants would bring in alteration in the soil structure, which would
lead to death of many essential organisms in it. This would also affect the
larger predators and compel them to move to other places, once they lose
their food supply.
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CHAPTER 3 – ENVIRONMENTAL POLLUTION CONTROL AND
REGULATION IN NIGERIA
3.1 INTRODUCTION TO ENVIRONMENTAL POLLUTION CONTROL
REGULATION
Pollution control is the process of reducing or eliminating the release of
pollutants (contaminants, usually human-made) into the environment. It is
regulated by various environmental agencies that establish limits for the
discharge of pollutants into the air, water, and land16. To protect the
environment from the adverse effects of pollution, Nigeria government has
enacted legislation to regulate various types of pollution as well as to mitigate
the adverse effects of pollution.
A law is generally defined as a way of regulating human behavior. For the
purpose of law environment is defined along the terms of its physical
components including air, water, space, land, plants and wildlife.13
Environmental law/ legislation is that law or legislation which relates primarily
to the protection of the whole or part of the physical components of the
environment. Laws which relate primarily to the public health or particular
groups of individuals such as consumers or workers are covered under public
health or occupational health laws.13
Regulation of Environmental Protection can be achieved by the use of
regulations. Regulation is the application of rules and procedures to achieve a
measure of control over the activities of individuals and organizations.13
These regulations may exert
1. Anticipatory controls
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· Outright bans (e.g. Ban of CFCs).
· Prohibition unless notified (e.g. use of certain nature reserve).
· Prohibition unless registered (e.g. waste disposal).
. Prohibition without license (e.g. importation of chemicals) 13
2. Continuing Controls –continuous controls of activity such as control of
factory premises by agencies such as NESREA, LASEPA, ANSEPA13.
Effective environmental control requires standards which may be
1. Target Standards: These are also called Environmental quality standards
and are set by reference to particular targets and include13:
· Emission standards- standardize what is emitted.
· Process standards- standardize a whole or part of processes used.
· Product standards- standardize characteristics of the final product.
2. Source Standards: These are set by reference to the source.
Environmental legislation and policies are enacted to protect the health and
safety of the general public from adverse interference with environmental
resources arising from human and industrial activities. They prescribe
minimum standards and grant statutory approvals/permits. Non- compliance
with legislation may attract prosecution, imposition of fines and/or
imprisonment13.
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3.2 THE HISTORY OF ENVIRONMENTAL REGULATION AND POLLUTION
CONTROL MEASURES IN NIGERIA
Past efforts of the Nigerian Government in environmental protection (pre-and-
post independence) were geared primarily either towards safety or the
protection and conservation of the economically important natural resources.
This is clearly demonstrated by the list of environmental laws which include19:
· Oil Pipeline Act. 1956.
· Forestry Act. 1958.
· Destruction of Mosquitoes Act. 1958.
· Public Health Act. 1958.
· Minerals Act. 1958 cap. LFN 1990.
· Mineral Oil (Safety) Regulations 1963 cap. 350 LFN 1990.
· Oil in Navigable waters Act. 1968 cap. 339 LFN 1990.
· Endangered Species Act. cap. 108 LFN 1990.
· Quarries Act. cap. 385 LFN 1990.
· Sea Fisheries Act. cap. 404 LFN 1990.
There were no laws on industrial pollution and hazardous wastes.
Industrialization was considered a key indicator of development. States and
Municipal governments gave tax and other concessions to lure industrialists to
establish industries in their domain, and the citizens being uninformed, lived
happily with the resultant pollution and hazardous wastes. Over time, hot and
heavy, metal laden, coloured effluent discharged into streams by textile
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factories in certain localities assumed mythical references (including disease
curative properties). Industrial effluents and sludge were erroneously used as
manure to produce “fresh” but deadly crops for the kitchens and dining tables
of our urban population. Fishes and crabs caught from polluted rivers and
lagoons were sold and eaten freely. Containers of chemicals (and pesticides)
littered the surroundings in open dump-sites waiting to be picked by innocent
and illiterate folks who would use them to store their own food and water.
Particulates from quarries, asphalt, cement and similar industries settled on
many a house wife pots of soup forming layers of crust that inevitably get
consumed as part of the regular meal. Fumes from stacks occlude sunlight and
cause burning and other irritations of the eye, nose, lungs and skin. The list
was endless18.
The 1972 Stockholm Conference on Human Environment which was attended
by Nigeria ignited the consciousness of our government on the need to evolve
a holistic rather than sectoral approach to environmental protection. Other
efforts and regional initiatives such as the Lagos Plan of Action of 1980 also
reinforced this emerging consciousness for environmental protection. In 1981,
a bill for the establishment of a Federal Environmental Protection Agency was
placed before parliament. Meanwhile a small unit called environmental
Planning and Protection Division in the Federal Ministry of Works and Housing
was handling environmental protection. But nothing happened to the bill and
the comic but horrifying situation of industrial pollution described earlier
continued throughout most of the 80s6.
In June 1988, at the height of Nigeria’s diplomatic leadership in protecting the
West African Region from toxic waste and of Nigeria condemning neighbouring
African states for accepting foreign toxic waste cargoes for disposal, a Nigerian
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Newspaper carried a headline story which revealed that toxic waste had been
dumped on a site in Koko, a small port town in the southern part of Nigeria.
Subsequent investigations confirmed the story. The waste came from Italy in
five (5) shipment loads totaling 3,884 metric tonnes20.
For government, this was a national embarrassment. But the incident awoke
the consciousness of government and the people to environmental protection.
A Ministerial task force was immediately set up to evacuate the waste within
six weeks. The government also pledged commitments which raised hopes for
sound environmental management in Nigeria.
The Federal Environmental Protection Agency was created by the Decree 58 of
1988 as the overall (unitary) body charged with the responsibility of protecting
the environment in Nigeria.
Specifically, the Decree establishing the Agency authorizes it to, among other
things, establish and prescribe national guidelines, criteria and standards for
water quality, air quality and atmospheric protection, noise levels, gaseous
emissions and effluent limits etc; to monitor and control hazardous substances,
supervise and enforce compliance.
The Decree also gave the Agency broad enforcements powers, even without
warrants, to gain entry, inspect, seize and arrest with stiff penalties of a fine
and/or jail term on whosoever obstructs the enforcement officers in the
discharge of their duties or makes false declaration of compliance etc.
The FEPA executes its functions in accordance with the goals of the National
Policy of the Environment which was launched on 27th November, 1989.
From inception till December 1991, the Agency operated as a parastatal under
the Minister of Works and Housing. But effective from January 1992, FEPA was
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transferred to the Presidency (FEPA amendment Decree 59 of 1992), with an
expanded mandate which includes the conservation of natural resources as
well as the control of land erosion and desertification. For its day to day
activities, FEPA is organized into five technical departments viz; Planning and
Evaluation, Environmental Resources Conservation, Environmental
Technology, Environmental Quality and the Inspectorate and Enforcement8.
In order to stop the bad practices of industries and toxic waste merchants and
reverse the horrifying state of environmental pollution described earlier,
government had to enact a number of legal instruments which spell out in
clear terms specific offenses, requirements and penalties for contravention.
The following are the instruments of intervention in pollution control enacted
in Nigeria from 19881:
· The Hazardous Waste Criminal Provisions Decree 42 of 1988.
· The National Guidelines and Standards for Environmental Pollution control in
Nigeria.
· The National Effluents Limitations Regulations S.I.8. Of 1991 which make it
mandatory for industrial facilities generating wastes to retrofit or install at
commencement of operations, anti-pollution equipment for detoxification of
effluents and chemical discharges. The regulations also spell out by industrial
categories, crucial parameters and their limits in effluents or emissions and
prescribe penalties for their contravention.
· The Pollution Abatement in Industries and Facilities Generating Regulations
S.I.9. Of 1991 which spell out: restrictions on release of toxic substances into
Nigeria’s ecosystem; the pollution monitoring requirement for industries, the
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strategies for waste reductions, requirements for environmental audits and
penalties for contravention.
· The Management of Solid and Hazardous Wastes Regulations S.I.15 of 1991
which give a comprehensive list of dangerous and hazardous wastes, the
contingency plans and emergency procedures .The regulations also prescribe
the guidelines for ground water protection, toxic waste tracking programme,
and the environmentally-sound technologies for waste disposal.
· The Environmental Impact Assessment (EIA) Decree 86 of 1992 which is to
infuse environmental considerations into development project planning and
execution. It prescribes the guidelines for EIA studies; spells out the project
areas and sizes of projects requiring EIA in all areas of national development
and the restrictions on public or private projects without prior consideration of
the environmental impact.
3.3 ENVIRONMENTAL POLLUTION CONTROL REGULATION OF TODAY
The basis of environmental policy in Nigeria is contained in the 1999
Constitution of the Federal Republic of Nigeria. Pursuant to section 20 of the
Constitution, the State is empowered to protect and improve the environment
and safeguard the water, air and land, forest and wildlife of Nigeria. In addition
to this, section 2 of the Environmental Impact Assessment Act of 1992 (EIA Act)
provides that the public or private sector of the economy shall not undertake
or embark on or authorize projects or activities without prior consideration of
the effect on the environment9.
The Federal Government of Nigeria has promulgated various laws and
Regulations to safeguard the Nigerian environment.
The key environmental legislation in Nigeria is
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The National Environmental Standards and Regulations Enforcement
Agency Act 2007 (NESREA Act). This act repealed the Federal
Environmental Protection Agency Act (FEPA Act).
In order to provide for effective enforcement of environmental standards,
regulations, rules, laws, policies and guidelines by the newly established
National Environmental Standards, Regulations and Enforcement Agency is
empowered to make regulations for the general purposes of carrying out or
giving full effect to the functions of the Agency under the NESREA Act.6 hence,
the making of the following eleven Regulations22.
1. National Environmental (Pollution Abatement in Mining and Processing
of Coal, Ores and Industrial Minerals) Regulations, 2009
2. National Environmental (Sanitation and Wastes Control) Regulations,
2009
3. National Environmental (Pollution Abatement in Chemicals,
Pharmaceuticals, Soaps and Detergent Manufacturing Industries) Regulations,
2009
4. National Environmental (Pollution Abatement in Food, Beverages and
Tobacco Sector) Regulations, 2009
5. National Environmental (Pollution Abatement in Textiles, Wearing
Apparel, Leather and Footwear Industry) Regulations, 2009
6. The National Environmental (Wetlands, River Banks and Lake Shores
Protection) Regulations, 2009
7. The National Environmental (Watershed, Hilly, Mountainous and
Catchment Areas) Regulations, 2009
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8. National Environmental (Ozone Layer Protection) Regulations, 2009
9. National Environmental (Noise Standards and Control) Regulations, 2009
10. National Environmental (Access to Genetic Resources and Benefit Sharing)
Regulations, 2009
11. National Environmental (Permitting and Licensing Systems) Regulations,
2009.
However, the subsidiary legislation under the FEPA Act is still in force. This
includes23:
o The National Environmental Protection (NEP) (Effluent Limitation)
Regulations;
o The NEP (Pollution Abatement in Industries and Facilities
Generating Waste) Regulations;
o The NEP (Management of Solid and Hazardous Waste)
Regulations.
The Environmental Impact Assessment Act (EIA Act).
The National Oil Spill Detection and Response Agency Act 2005 (NOSDRA
Act).
Harmful Wastes (Special Criminal Provisions) Act of 1988 (Harmful
Wastes Act).
The regulatory authorities are the11:
Federal Ministry of Environment, Housing and Urban Development
(FMEHUD).
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National Environmental Standards and Regulations Enforcement Agency
(NESREA).
Department of Petroleum Resources (DPR).
National Oils Spill Detection and Response Agency (NOSDRA).
Ministry of Water Resources.
State environmental protection agencies (SEPAs).
NESREA is responsible for enforcing all environmental laws, guidelines, policies,
standards and regulations (except for the petroleum industry). The FMEHUD is
responsible for monitoring and certifying environmental assessment on
projects.
The DPR sets guidelines and standards for the petroleum industry. The
NOSDRA is responsible for coordinating and implementing the National Oil Spill
Contingency Plan and establishing the mechanism to monitor and assist, or
where appropriate, to direct the response, including the capability to:
Mobilize the necessary resources to save lives.
Protect threatened environments.
Clean up, to the best practical extent, the impacted site.
The Ministry of Water Resources regulates the pollution of watercourses and
underground waters.
SEPAs are also involved in environmental regulation and monitoring in the
states, in their area of competence under the Constitution11.
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CHAPTER 4 – PROBLEMS AND SOLUTION OF
ENVIRONMENTAL POLLUTION CONTROL AND REGULATION
Most of the discussion here will be based on the Petroleum industry because it
is within my area of exposure.
4.1 LACK OF ENVIRONMENTAL CONSCIOUSNESS
Matters concerning the environment are variously conceived by the ordinary
man on the street in both developed and developing nations all over the
world. In the Western World, everybody is concerned about environmental
issues, the awareness is very tick and people are ready without been
compelled in the Western World. Whether plastic bags and aerosol sprays are
ozone friendly and act of writing paper is labeled a recycling process or not and
cosmetics may be advertised as being free of chemical pollutants. All these are
regarded as biodegradable and everyone is conscious of endangered species
and the ‘green house effect’.12
However, in Nigeria, all these matters are not known, not just as a result of the
fact that the government is indifference or a lack of the basic education
required to understand such principles. The main fact is that the average man
lack luxury and cannot afford the time, effort and expertise that environmental
concerns entail. His pre-occupation is how he and his extended family are
going to survive with his meager salary, how to sleep in his dirty slum, dirty
non-ventilated rooms and non spacious environment etc. According to an
Environmentalist, he is concerned with his immediate survival and
environmental issues beyond cleanliness and condition of his very immediate
environment border on the esoteric and is considered an unattainable luxury
and unavoidable.12
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The lukewarm attitude of an average man to his environment in Nigeria is what
is translated into efficacious laws at the inter-governmental level. This concern
about immediate well being is particularly given expression to in strategic plan
such as Lagos Plan of Action. All States in Nigeria are to ensure that laws for
immediate situation, health and well-being are more certain of success than
those concerned with industrial regulation even though such industries may
pose problems in nearest future. Although, average man will fight tooth and
neck to ensure the sighting of the industries in their areas because of the
advantages that such industries will bring in addition to the development that
will accrue to the area. The ‘I do not care’ attitude is not good for effective
environmental regulation.12
Hence the governments at all levels, the Non-governmental Organizations,
Human Right Groups now engage in enlightenment programmes so that
average citizens can comprehend the degree of the risks of a polluted
environment and tend to influence government policies, decision – making in
environmental awareness matters and the resultant growth in the law. It is not
all that ease to spread this gospel of environmental law awareness among the
less or lesser levels of existence that lack the physical and psychological factors
required for effective environmental knowledge. The awareness campaign is
only easily possible amongst the more comfortable segments of the society
and this group constitutes a small percentage of the population. With the
present situation in Nigeria, the societies are more aware through various
campaigns on why we need to protect and cherish our resources. It is now
pertinent that survival of human being is dependent on preserving nature. We
must impact on the environment positively at every event as this will go a
great length in helping our planet. Henceforth, the more we act responsibly,
the greater the positive impact.12
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Finally the addition of Environmental awareness (Education) to the Schools
(primary and post primary) curricula is hereby supported.2
4.2 DUPLICATED EXISTING REGULATIONS
Another problem of environmental and pollution control regulation leading to
inadequate environmental protection in Nigeria is duplication of existing
regulations.2 There are various existing regulations in the country that tend to
promote conflict in the effective regulation of the environment in the country.
Some of these regulations, which come under the purview of the Federal
Ministry of Environment, Department of Petroleum Resources (DPR), and the
Nigeria Maritime Administration and Safety Agency (NIMASA), include:
. The National Guidelines for Environmental Pollution Control in Nigeria.
. National Guidelines for Environmental Audit.
. National Guidelines for Environmental Management.
. Effluent Limitation and Pollution Abatement for Facilities Generating Waste.
. National Environmental Protection Management of Solid and Hazardous
Waste.2
Under the DPR, there are the Petroleum Act No.51 of 1969 and other
supplementary regulations; Oil Navigable Water Act No. 34 of 1968;
Environmental Guidelines and Standards for Petroleum Industry in Nigeria
(EGASPIN) 2002; and Nigerian Mineral Oils (Safety) Regulations of 1997; while
the National Guidelines for Ship Generated Waste Management for Nigeria
comes under NIMASA.2
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There should be harmonization and consistency in the laws regulating
operations in our environment, and have a focus, because the end point of the
whole regulation is pollution control and environmental protection. Again
regulators should not derail from their primary mandate. At the National
Stakeholders Workshop on National Regulations and Guidelines for Oil Spill
Recovery, Clean-up, Remediation & Damage Assessment for Nigeria’ and the
‘National Regulations & Guidelines for the Management of Oil Spill & Oily
Waste in Nigeria held on the 23rd of January 2012, Oil Producers Trade Section
(OPTS) of the Lagos Chamber of Commerce and Industry (LCCI), noted that the
NOSDRA appears to have derailed from their primary mandate, by attempting
to get involved in the valuation and compensation issues in oil spill incidents,
pointing out that its role should be limited only to being a “mediator for the
purpose of assessing the extent of damage to the ecology.”2
4.3 POOR MONITORING AND ENFORCEMENT OF ENVIRONMENTAL
REGULATION
The problem of environmental challenge we have in Nigeria has not much to
do with absent of good legislations, but the attitude of the law enforcement
agencies to enforce our myriads of laws. Existing environmental regulations
are usually not effectively implemented. There is absence of the political will to
enforce the regulation, on the excuse of their unwillingness to discourage
investors especially in the petroleum sector.11
In Nigerian environmental regulation, there is a weak link between law and
enforcement of the law.2 The reasons are:
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4.3.1CORRUPTION
Bribery and corruption still hamper the environmental regulation in Nigeria.
Corruption is "pervasive and endemic''. In Nigeria, corruption is pronounced
at all levels, where public office holders use their positions to divert public
funds earmarked for environmental projects to their personal bank
accounts, or award the contracts for the projects and collect a certain
percentage from the con tractors. The effect of corruption of this nature is
that many environmental projects are not executed or may be poorly
executed.7 Another nature of corruption was experience during my
internship at DPR, Port Harcourt. On one of the inspections at Mobil
Producing Nigeria Unlimited, Qua Ibeo Terminal, Eket, Akwa Ibom State, My
co- DPR team kept complaining that MPNU do not involve DPR (the
regulatory and monitoring body in petroleum sector) in their activities, e.g.
oil spill monitoring. I asked what was preventing them from sanctioning the
company instead of complaining or rather begging them to comply, I was
told that reports have been written about them to the management of DPR,
but the situation remains same. This is because the company keeps giving
the management of DPR huge amount of money and they keep folding their
hands, leading to non-compliance and non-implementation of the
regulation.
Making management of environmental regulatory fund to be made more
transparent, and holding its users more accountable, could go a long way to
promoting improved environmental management in Nigeria. Again,
USAID/Nigeria’s democracy and governance program could provide the
most direct link to addressing regulatory issues such as the transparency of
this Fund.19
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Environmental regulator should be paid salaries commensurate with
industry standards and whom the regulated industry cannot easily
manipulate.7
4.3.2 BUREAUCRATIC WRANGLING
Bureaucratic wrangling between the different administrative agencies and
sectors involved in environmental control is common as they fail to
cooperate, compete for scarce resources and influence over the policy
agenda and other issues. Where coordination has been possible, as in the
creation of central structures to manage the environment, the institutions
are frequently interdepartmental, rather than independent bodies. The
Ministry of Petroleum Resources (MPR) is engaged in power struggles with
the Department of Petroleum Resources (DPR). As a federal government
department, the MPR supervises all governmental affairs relating to
petroleum issues. MPR has several departments/corporations under it,
including the Nigerian National Petroleum Corporation (NNPC) and the
DPR.17
On the other hand, the DPR was established initially as an integral
component of NNPC, but is now fully under the control and supervision of
the MPR. As a delegate of the Minister, the DPR is mainly responsible for
the monitoring, supervision and enforcement of all Acts and Regulations
relating to oil operations in Nigeria and the exercise of the discretionary
powers conferred on the Minister by those Acts and Regulations. Under the
present arrangement, the DPR is not an independent body, as the exercise
of its powers depends on whatever authority is delegated to it by the
Minister. Considering the political nature of decisions relating to oil
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operations in Nigeria, it would not be surprising if any decision taken
against an oil operator by the DPR to enforce environmental protection
were rescinded by the Minister. The obstacles to the efficient functioning of
DPR are further complicated by inadequate funding, staffing, general
services and facilities and the reliance on the Ministry for its needs.7
DPR should be given independent and quasi-judicial powers to regulate oil
and gas operations. This factor, in addition to the power to shut down any
facilities of polluting operators will help in ensuring immediate compliance
by oil operators. The use of an independent agency will even be to the
advantage of the government, as it will help to deflect criticisms presently
leveled against governmental attitudes to environmental regulation.
Decisions, which may be politically controversial on environmental matters,
will be the sole responsibility of the agencies.7
4.3.3 INADEQUATE FUNDING
Environmental regulatory agencies in Nigeria generally lack adequate
funding and technical expertise. The sources of hazard and pollution that
require more sophisticated measurement, sometimes involving long-term
projections, are often beyond the control of government regulators. Before
Nigeria can make any meaningful progress towards environmental
protection, a certain amount of infrastructure must be instituted.
A former Director of the Environment in Nigeria stated that the capital
budget allocation to the Federal Environmental Protection Agency in 1994
was 8 1.25 million naira out of a projected sum of 240 million naira which
was proposed to be spent by the agency for that year. The budget of the
DPR is dependent on the allocation from the MPR. Due to the limited
financial resources at the disposal of these agencies, they are unable to
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remit sufficient numbers of trained and either functions of implementing,
managing and administering the environmental regulation program. This
results in a pathetic situation where the officials of the regulatory agencies
have had to depend on oil companies to take them to the sites of oil spills in
order to carry out their duties. As a result, it is hardly surprising that the
subsequent reports are inadequate and not comprehensive.7
Apart from periodic government allocations, the agency should be allowed
to generate funds for its purposes through approval and other applications
fees and license.18
Regulatory bodies do not therefore depend exclusively on the government for
funds to execute its programmes. A degree of financial independence
enhances effective regulation.18
4.3.4 INTERAGENCY CONFLICT
There are too many agencies saddled with environmental responsibilities
and yet, we are having increased problems with pollution. The problem is
not so much with the different agencies, rather, it is the failure to properly
integrate, harmonize and interface their activities.2
We are all agreed that the Federal Ministry of Environment is the primary
body saddled with environmental protection, but then, you find out that
the Department of Petroleum Resources (DPR) in the case of the oil and gas
sector is saddled with the functions of environmental regulation of oil and
gas activities while NESREA (which is the Ministry's real enforcement arm)
has no role to play. What we should have had in that kind of situation is
proper delineation of functions. Let the DPR regulate technical issues in the
sector; NESREA enforce compliance with environmental requirements;
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while the National Oil Spill Detection and Response Agency (NOSDRA) takes
charge of emergency response and clean-up. They will coordinate their
activities to avoid duplication through inter-agency consultations. This
synergy is unfortunately lacking in our system and is an appropriate
loophole for potential offenders to exploit.2
4.3.5 ATTITUDE OF JUDGES
Environmental legislation is a fairly new and emerging field when compared
to other aspects of law. Very few lawyers have been able to satisfactorily
fulfill their function in the emerging complex field of environmental
protection and regulation. This problem is compounded by the fact that
courses in environmental law are offered in very few faculties of law in
Nigerian universities and in most cases, environmental law is offered as
elective. Where they are offered, many law professors use their little
knowledge of international law in the teaching of such courses.13
It is advocated that these courses should be introduced and taught by
professors with specialized training, as it has become obvious that present
and future judges (as well as lawyers) need such education and information
to carry out their judicial and professional functions relating to
environmental matters.7 Another regulatory area (as well as an institutional
one) that would benefit from additional assistance would be in
strengthening the court system at the state level. This might first involve
raising environmental awareness among court officials, both in a general
sense and vis-à-vis the existing legislative framework. This might serve to
help strengthen the application of environmental legislation among the
judiciary.13
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CHAPTER 5 - ADVOCACY AND CONCLUSION
5.1 ADVOCACY
Although solutions have been given to the problems of environmental
pollution control regulation in Nigeria, It is not certain that the solutions will
lead to an effective environmental pollution control regulation. Therefore, I
will advocate the use of market based approach since a larger part of
environmental pollution in Nigeria is industry based.
The market based approach to environmental pollution control is concerned
with creating conditions in which the production of goods and services can
flourish with the support of an enabling environment for private sector activity
and an economic framework of incentives and reward for good organizational
performance. This has been implemented in gas flaring of the petroleum
sector, but not effectively regulated.
The proposed market-based instruments approach draw lessons from best
practices around the world. This involves setting up an appropriate taxes and
pollution charges on generators of pollutants that is above the marginal cost of
pollution control to or above the environmental cost that their pollutants
impose on the affected population or communities 21. The environmental taxes
and charges would have the simultaneous benefit of generating financial
resources while also acting as disincentives to polluters. The pollution levy
system would involve imposing charges only for pollutants that exceeded
emissions standards by NESREA and then only for the one pollutant most in
violation.
The major challenges to the adoption of the market-based instruments
approach in Nigeria include the need for an accurate monitoring network,
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transparency, a working legal system, and a realistic incentive to trade 14. Other
challenges include corruption, favoritism, and poor environmental
enforcement. In addition, other unique obstacles include the fact that there
are fewer trained people and the best people tend to be concentrated in
capitals rather than in field post. Finally, equipment for monitoring and data
collection are scarce and most basic data are unreliable.
However, despite the challenges of the market-based instruments approach
enumerated above, the system still offers high potential for efficient and cost-
effective environmental pollution control approach in Nigeria when mixed with
the traditional “command and control” system. Hence, the argument for
economic instruments above suggests that the efficiency gains from their use
are an outcome of incentives for pollution abatement innovations and the
ability of industries to reduce emissions in the most cost-effective manner.
However, the introduction of the market based approach would need to be
preceded with a significant capacity building.
5.2 CONCLUSION
One of the major goals of environmental regulation from the inception has
been to control pollution. There have been an ineffectively established,
coordinated policy framework and standards for diminishing environmental
pollution, especially through resource pricing, incentives, and taxes. In
contrast, heavy reliance has been placed on qualitative legal rules. However,
the benefits of clean environment would be available only if the generators of
pollutants are encouraged to invest in pollution prevention and abatement
technologies with the help of a judicious mix of regulatory policies, economic
incentives, and fiscal instruments.
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REFERENCES
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Nigeria with special reference to the industrial sector - Paper presented
at National Workshop on Pollution Control organized by the
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2. Ben Ezeamalu and Bassey Udo, 234NEXTNEWS.com
3. Chokor, B.A (1993): Government Policy and Environmental Protection in
Developing World, Environmental Management, Volume 17, Number 1,
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4. Eight International Conference on Environmental Compliance and
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10.IUCN Academy of environmental law e-journal issue 2010.
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regulations in Nigeria, Kayode Ketefe, 26/09/2011.
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12.National Open University of Nigeria: School of Law, Law 343-
Environmental Law 1, Ademola et al, pp 69-75.
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ESM 405-Environmental Protection Agencies Case Studies, Prof. K.T
Obidairo et al, pp 21-24, 2008.
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T.A and Salau, A.T. eds, Nigeria Environmental Study Action Team,
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Retrieved April 3, 2008 from http://www. en.wikipedia.org
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Merriam-Webster.com, 2010 -08-13. Retrievd 2010-08-26.
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19.The Challenge of Environmental Enforcement in Africa: The Nigeria
Experience, Adegoroye, Adegoke, Third International Conference on
Environmental Enforcement.
20. The history of environmental policy and pollution of water sources in
Nigeria (1960-2004), The way forward, Joseph Adelagan.
21.World Bank (1993): World Development Report 1993: Investment in
Health New York, Oxford University Press.
22.www.nesrea.org
23.www.nigeriafirst.org
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