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

1. Adegoroye Goke, 1999: Environmental Regulations and Enforcement in

Nigeria with special reference to the industrial sector - Paper presented

at National Workshop on Pollution Control organized by the

Manufacturers’ Association of Nigeria. page 20. [Paper Presentation].

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,

pp. 15-30.

4. Eight International Conference on Environmental Compliance and

Enforcement 2008: Environmental Compliance, Policy reform and

Industrial pollution in Sub-Saharan Africa: lesson from Nigeria, Adelegan,

Dr. Joseph.

5. Environmental Issues. The Environmental blog. Retrieved 2010-12-10.

6. Environmental Law in Nigeria- Mondaq Business Briefing High Beam

Research; Nov 6, 2007,

7. Environmental regulation of the Oil and Gas Industry in Nigeria: lessons

from Alberta’s experience, David Osigbembe Iyalombe,1998.

8. Fourth International Conference on Environmental Enforcement

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9. International Comparative Legal Guide to: Environmental Law 2007,

Aluko & Oyebode, chapter 37.

10.IUCN Academy of environmental law e-journal issue 2010.

11.National Mirror, Law and Order: enforcing environmental laws and

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.

13.National Open University of Nigeria: School of science and Technology,

ESM 405-Environmental Protection Agencies Case Studies, Prof. K.T

Obidairo et al, pp 21-24, 2008.

14.NEST(1995): The challenge of sustainable development in Nigeria, Aina

T.A and Salau, A.T. eds, Nigeria Environmental Study Action Team,

Nigeria.

15.Pollution (2011). In encyclopedia Britannica. Retrieved December 23,

2011 from http://www.britannica.com

16.Pollution (March 16, 2008). In Wikipedia: The free encyclopedia.

Retrieved April 3, 2008 from http://www. en.wikipedia.org

17. Pollution-definition from the Merriam-Webster online dictionary.

Merriam-Webster.com, 2010 -08-13. Retrievd 2010-08-26.

18.The challenge of combating Nigerian environmental problems, the Abuja

Inquirer, published by Gazetta communications Ltd, Abuja.

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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