The nesrea, the major federal body responsible for protecting nigeria s environment is responsible for enforcing all environmental laws, regulations, guidelines, and standards. Apr 12, 2012 gaseous emissions and hazardous waste management in nigeria. Pdf impact of environmental laws and regulations on. Challenges although the formulation and implementation of nigeria s environmental laws have played an important role in nigeria s environmental protection work, there are still many defects and deficiencies in nigeria s environmental legislation. Urbanization, deforestation, desertification, over population and all kinds of pollution are some of the resultant effects of mans interaction with his environment. The case for a global environmental court of justice all the more challenging because there is hardly any viable means of conflict resolution. Environmental destruction and degradation, that had been seen as the problem of the developed countries is now a source of concern for all the nations of the world not minding her economic status.
The nigerian government and other african countries have played tremendous roles in the emergence of international environmental law that regulate the establishment of environmental institutions and legislations as well. The two major religions in nigeria are christianity and islamic. The guardian nigeria newspaper brings you the latest headlines, opinions, political news, business reports and international news. The constitution of the federal republic of nigeria 1999 national environmental standards and regulations enforcement agency nesrea act. The institute for media and society is an independent, nongovernmental organization based in nigeria. International environmental law covers topics such as biodiversity, climate change, ozone depletion, toxic and hazardous substances, desertification, marine resources, and the quality of air, land and water. Environmental regulation in nigeria did not start as a systematic effort. The other consists of particular legislation, consequent guidelines. The right to a healthful environment and environmental justice in nigeria 121 and nonhuman species. Thus, law and policy makes environmental protection work. Federal environmental protection agency act of 1988 fepa act repealed by the national environmental standards. What is lacking irrespective of the existence of the environmental sanitation agency law cap e6 is like much legislation in nigeria, enforcement. Environmental policy and its enforcement in nigeria 1.
Jul 12, 2014 while nigeria is probably best known today for its oil deposits, the country is home to a rich diversity of forests and wildlife, including at least 899 species of birds, 274 mammals, 154 reptiles, 53 amphibians, and 4,715 species of higher plants. First, is the legal regime, which existed in the years, preceding 1988. D department of political science and public administration university of uyo, nigeria abstract. The enforcement of all multilateral environmental agreements, protocols, treaties and conventions to which nigeria is a signatory, including the basel convention. Federal environmental protection agency act of 1988 fepa act repealed by the national environmental standards regulation agency nesrea act 2007. Environmental law is a collective term encompassing aspects of the law that provide protection to the environment. Aug 02, 2016 there is need for government to enact and implement necessary environmental laws to control the issues of environmental pollution and this can be done by putting necessary environmental pollution enforcement structures in place to curb the spate of environmental pollution in nigeria. Role of the legislators in environmental governance in nigeria. There are a lot of environmentrelated data in nigeria which are not readily. The laws and regulations related to the environment are further emphasized through the following documents and legislations. Pdf impact of environmental laws and regulations on nigerian. It took over this function in 1999 from the federal environmental protection agency fepa, which was created under the fepa act.
For example, in nigeria, the issue environment wasnt taken serious until after the dumping of. Following nigerias independence in 1960 and the discovery of oil, it became apparent that existing laws dealing with the environment were grossly inadequate. Controversy shrouds the role of nigerian legislature in national development. The laws in force as of the 31st day of january 1990 that is to say, the several enactments and subsidiary legislation were subsequently published in 471 chapter bound in 24 volumes. Petroleum industry in nigeria environmental issues, national environmental legislation and implementation of international environmental law. Development of environmental law in nigeria 6 environmental law in nigeria is that branch of public law, which contains rules and regulations, which have as their object or effect the protection of the environment. Oil and gas from its cradle to its grave, though very essential to the modern man, is indeed a highly hazardous substance and a carton. Lagos assembly passes environment bill into law lagos state house of assembly has passed a bill to harmonise and merge eight environment laws in the state into one after taking the third reading. Environmental pollution and sustainable development in nigeria.
Environmental protection in nigeria ggu law digital commons. In establishing the organization, we considered and were convinced of such issues as. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries. The interaction of these millions of people with their environment has left indelible mark on the landscape. Oil and gas from its cradle to its grave, though very essential to the modern man, is indeed a highly hazardous substance and a carton of troubles to the environment hence the need to take a critical look of. Environmental laws and regulations must be enacted for sustainability and improvement of nigerian environment. Akanle, pollution control regulation in the nigerian oil industry, nigerian institute of advanced legal studies, lagos 1991 at 6. Community protests, civil disobedience, picketing, have been. The importance, effect, causes, relationship, comparison, history, role, solutions are discussed. Environmental legislation in nigeria environment legislation in nigeria can be viewed broadly under two timerelated categories. The basis of environmental policy in nigeria is contained in the 1999 constitution of the federal republic of nigeria.
Gas flaring has been associated with many socioeconomic, political and health implication in. Abstract environmental laws and regulations must be enacted for sustainability and improvement of nigerian environment. The history of environmental policy and pollution of water. Nigeria has joined other countries in this respect and has put in place quality investment legislation with a view to providing a conducive and encouraging legal environment for foreign investors. Map of nigeria showing the 36 states and the federal capital. Environmental regulation of the oil and gas industry in nigeria. In view of the discussion at hand, let us consider briefly a few provisions of that law. Environmental planning is the process of facilitating decision making to carry out land development with the consideration given to the natural environment, social, political, economic and governance factors and provides a holistic framework to achieve sustainable outcomes.
However, this newly formed body couldnt hide the absence of an enabling law on enforcement issues which led to a vacuum in the effective enforcement of environmental laws, standards and regulations in the country. It is generally assumed, however, that government through the petroleum inspectorate may penalise the operator who has polluted the environment. Federal environmental protection agency act 1988 no. Over the years, several environmental laws have been institutionalized to regulate the petroleum sector in nigeria. Law concerning the promotion of business activities with environmental consideration by specified corporations, etc. Environmental law is a new term in tanzania, although some of the many concepts in environmental law have existed since the birth of the nation and earlier. Availability and sources of environmental statistics in nigeria most environmental data in nigeria are collected under the mandate of the various government ministriesagencies, environment ngos, and private enterprise.
However, the existing nigeria statutory laws and regulations for environmental protection appear to be grossly inadequate and some of the multinational oil companies operating in the niger delta. A certificate stating that an environmental assessment of a project has been completed, and signed by the agency that exercises a power or performs a duty or function referred to in section 8 of this act in relation to the project, is in the absence to the contrary, proof of the matter stated in the certificate. D abstract t he constitution of the federal republic of nigeria includes in its chap. Pdf the environment in nigeria faces the risk of degradation due to human activities and civilization.
Nigerias legal framework and the rules and regulations for. The objective of this project was to produce a report of the legal and regulatory environment for capital markets in nigeria and. As part of proactive measures by government to preserve the environment and protect its inhabitants from hazardous wastes and nuisance, the nigerian government and several states therein have established various governmental authorities and agencies that would ensure efficient and effective mode of management waste in the. Pdf the environmental guidelines and standards for the. Major renewable energy applications in nigeria are in the areas of. Environmental law the concept of environmental law refers to the integrated rules and principles. Like many developing countries, nigeria has struggled to maintain a balance between its economic development and the sustainability of its environmental resources. Waste in all forms of manifestation bombard and assault us in the air, water and on the land. Another is the environmental sanitation law cap e5 of lagos state. Other areas, such as environmental impact assessment, may not fit neatly into. The objectives of any environmental impact assessment hereafter in this decree referred to as the. Rethinking environmental law enforcement in nigeria. The states have their own courts that enforce state laws, while the federal government has its own courts that enforce federal laws.
Introduction prior to june 1988, nigeria responded to most environmental problems on an ad hoc basis. The federal military government hereby decrees as follow. The colonial economic development policies and plans contain. The impotency of the environmental policy to protect the environment in nigeria is a reflection of the inability of the state to effectively implement environmental policies. This is approved for students in accountancy, business, computer science, economics, engineering, arts. An appraisal of the evolution of environmental legislation in nigeria adebola ogunba this article discusses the evolution of environmental legislation in nigeria. Hence the appeal for a global environmental law court of international jurisdiction. Lagos assembly passes environment bill into law lagos state. Oil and gas law in nigeria by yinka omorogbe a new empirical study on oil and gas in nigeria, which serves as a useful general introduction to many aspects of the countrys oil and gas industries and related laws.
As nigeria works towards achieving a green economy, stakeholders have said that a good environmental governance is key. Regulatory framework for foreign investment in nigeria. The laws of the federation of nigeria were revised and consolidated pursuant to the revised edition laws of the federation of nigeria decree 1990. This paper analyzes and articulates the impact of development through numerous environmental legislation, environmental governance in nigeria. It is styled a law to provide for environmental sanitation in lagos state, to establish the environmental sanitation corps and for connected purposes. The firstpioneer generation this assertion on generational delineation of environmental laws regulatory frame works and by extension policiesstrategies is collaborated by the opinion of 4 affirming that environment legislation in nigeria can be. It is the government and relevant agencies that possess the capacity and ability to make policies and. The coordination of the national policies on energy in all its ramification rests on the energy commission of nigeria, established by law. New environment law in the interest of all lagos govt. Evolution of environmental regulations in nigeria in response to the environmental problems, nigeria s government has enacted the following regulations, which are aimed at mitigating impact of these problems. Electricity production biofuel for transportation other thermal applications cooking, drying, heating, etc. This includes enforcing environmental conventions, treaties and protocols to which nigeria is a signatory. The federal ministry of environment fme administers and enforces environmental laws in nigeria. The courts of record in nigeria are those courts that are established by the nigerian constitution for federal capital territory, state and federation.
Since the lagos state environmental sanitation law came into effect in year 2000, citizens are expected to clean their environment onlast saturday of the month. Nigeria has a total land area of 983,2 km 2 occupied by about 120 million people. The bill is titled, a bill for a law to consolidate all laws relating to the environment for the management, protection and sustainable development. Pdf abstract in nigeria, environmental problems manifest in diverse forms such as environmental degradation sheet and gully erosion as well as. Environmental issues, national environmental legislation and implementation of international environmental law aniefiok e.
Environment law in nigeria energy and natural resources. The inability of the nigerian state to effectively implement environmental policies is in turn a reflection of the character of the state. Environmental policies and strategies in nigeria oil and. The document provides the first significant positive move in nigeria towards environmentalpublic health protection.
After this brief introduction, the rest of the paper is structured as follows. In this regard, the federal government of nigeria has promulgated various laws and regulations to safeguard the nigerian environment. Advances in the development of petroleum resources has contributed enormously to the global energy demand and economic development over the past decades, however, it has left profound negative impacts on the natural environment and adverse human health effects in most oilproducing host communities around the world. Doing business in nigeria requires that you understand the religion and cultural values of each group. Thus from the foregoing it can be clearly seen that government has put into place laws geared towards the attainment of a clean, hygienic and aesthetically pleasing environment. Download the environmental guidelines and standards for the petroleum industry in nigeria egaspin 2002. National environmental standards and regulations enforcement. The role of legislation in inducing responsible attitudes and behaviours towards the environment cannot be overlooked. Environment archives the guardian nigeria news nigeria. General principles of environmental impact assessment. Forestry act 1958, antiquities act 1958, territorial waters decree 1967. Examining environmental policies and laws in nigeria. The constitution of the federal republic of nigeria 1999 national environmental standards and regulations enforcement agency act environmental impact assessment act.
Religion is very pronounced in nigeria and it is a very sensitive issue. Where a project for which an environmental assessment is not required under section 15 of this decree is to be carried out in nigeria and the agency or the president, commander in chief of the armed forces is of the opinion that the project is likely to cause serious adverse environmental effect on federal lands or on lands in respect of which a state or local government has interests, the. The nesrea, the major federal body responsible for protecting nigerias environment is responsible for enforcing all environmental laws. This paper analyzes and articulates the impact of environmental governance in nigeria. Apart from the loss of petroleumderived revenue to corruption and ineffective.
Developmental stages of environmental laws regulatory frameworks and policiesstrategies in nigeria the development and evolution of environmental laws regulatory frame works and by extension policiesstrate gies in nigeria with reference to the oil and gas industry can be divided into three major generations. Get free research paper on environmental pollution in nigeria. Environmental policy and its enforcement in nigeria. Some media laws in nigeria institute for media and society. The challenges of environmental problems in nigeria. Enforcing environmental regulations in nigeria the tide. Gas flaring practices started since the first discovery of oil in the niger delta region of nigeria, and this practice has continued without seizure. Challenges to environmental regulations in nigeria a significant issue affecting regulation enforcement in nigeria is the lack of a national database on environmental quality solomon et al.
Legislation serves as an effective instrument for environmental protection, planning, pollution, prevention and. An act to establish the federal environmental protection agency with its functions and the powers for the effective implementation of such functions. The development of environmental laws in nigeria the development of nigerian environmental laws can be divided into two. The ppp office also determines the framework for the engagement of consultants, specialists and advisers for ppps. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding. Oil and gas environmental protection laws in nigeria lexology. It also has synergies with related areas of international law like international trade, human rights, international finance, and so on. The dearth of environmental data int j environ sci nat res 15. Environmental policies and strategies in nigeria oil and gas. Several states in nigeria have followed the example of lagos in enacting similar laws. They argued that this is the best way of reducing environmental and. The pension reform act 2004 the 2004 act has been repealed by the new pension reform act 2014 the 2014 act.
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