1.INTRODUCTION Nigeria, located in West Africa, has a total land area of 983,213 square kilometres. Presently, its estimated population is over 150 million people (World Bank Population figures) yielding an average density of more than 120persons per square kilometres. Industrial activities, in its modern forms, are relatively recent in the history of Nigeria’s economic development. During the pre-colonial period, Nigeria featured considerable craft industry as modern factory activity was then not known. With the advent of the Second World War and its aftermath, the economy of Nigeria changed tremendously and there were demands from Europe for industrial raw materials. With time, due to the low technological base, industrial development took on the assembly-type pattern of import substitution. However, political self determination since 1960 did provide the opportunity for improving on its import substitution strategy as well as developing its potentials for real industrial take off through capital goods industry. Prior to the discovery of crude oil in Oloibiri, Rivers State in 1956, agriculture (before 1970) was the mainstay of the Nigerian economy. The oil boom witnessed in the 1970s led to a tremendous increase in industrial activities. With financial resources available from oil and no development policy, unguided urbanization and industrialization took place. As desirable and necessary as this development was, it became an albatross not of itself but because of the lack of appropriate environmental protection policies to guide it. The result was the indiscriminate siting of industries, deforestation and desertification, disregarding the need for environmental concern. The process technology of some of these industries often resulted in
unacceptable levels of toxic and dangerous industrial wastes and effluent emissions. These culminated in the degradation of the environment and devastating ecological and human disasters. As a result of these, the need to combine industrial development and environmental protection arose. Acts of legislation for environmental protection, known as environmental laws, were then enacted. This paper highlights the various challenges encountered in establishing an effective environmental enforcement programme and the solutions proffered by the government in tackling these problems. Measures are also advocated for improved implementation of environmental pollution control laws in Nigeria.
2. AN OVERVIEW OF ENVIRONMENTAL POLLUTION IN NIGERIA Oil is the primary base of Nigeria’s economy and is also the cause of major environmental and social problems in the Niger Delta region of Nigeria. Over the years, oil exploration, production, and refinement in Nigeria has resulted in various environmental and ecological problems that range from oil spills, gas flares, habitat destruction, air and water pollution, and land degradation. Also, a major cause of oil pollution in that same region is also to a great extent, from the activities of illegal oil bunkering and illegal refineries operated indigenes and some highly placed individuals in government. The chemical properties of spilled oil often affect the productiveness of soil and pollute water bodies, thereby causing irreparable damage to agricultural lands as well as aquatic bodies. Gas flaring is a significant environmental and economic problem in and Nigeria emits approximately 70 million metric tons of carbon dioxide annually (US EIA 1999)This adversely affects the socio-economic actives of local
communities, which is primarily based on fishing and farming (Egunjobi 1993). . It is estimated that in one region alone in the Niger Delta, flaring is statistically likely to cause 49 premature deaths, 5000 respiratory illnesses among children and some 120,000 asthma attacks and 8 additional causes of cancer each year ( Environmental Rights Action and the Climate Justice Programme). Water Pollution According to Anukam (1997), the main source of water pollution in Nigeria has to do with forestry activities. Deforestation and improper soil tillage practices increase the concentration of soil particles that make their way into water bodies and in turn increases their sediment loads.. The discharge of industrial waste materials into bodies of water is another major source of pollution in Nigeria. Discharges from industries such as petroleum, mining, iron and steel, pharmaceuticals, and textiles among others have increased the contents of sulfates and nitrates in water bodies and has altered properties such as color and odor (Adelegan 2004) These metals and other chemical substance increase the toxicity of water bodies as well as soils.. A large percentage of Nigerians derive most of their domestic and drinking water from ponds, stream, and shallow wells. Hence, water pollution is a major health concern that places the health of about 40 million people at risk of diseases such as cholera, dysentery, diarrhea, and typhoid (Anukam 1997, Adelegan 2004, Orubu 2006).
Domestic and Industrial Waste The improper disposal and ineffective management of municipal solid waste and industrial waste creates major environmental and aesthetic problems in most of Nigeria’s urban areas. Due to overpopulation and the creation of slums, most municipal areas currently generate more waste than
they can manage (Ogbonna and Ekweozor 2002). This has led to the accumulation of waste heaps in “several areas, blocking motorways and making passage along alleys and pavements difficult” (Ajayi and Ikporokpo 2005). The most common method of waste disposal in Nigeria is waste transfer from one region to another and incineration. The first involves the transfer of waste from a region that is considered to have a higher aesthetic value to one that has a lower one. The waste incineration method of waste disposal often results in air pollution due to the release of gases such as carbon monoxide, sulfur dioxide, oxides of nitrogen, halogenated carbons, and other particulate matter.
3.HISTORICAL
BACKGROUND
OF
ENVIRONMENTAL
POLLUTION LAWS IN NIGERIA. For many years, the major preoccupation of successive Nigerian governments had been the provision of basic social amenities. Environmental protection was synonymous with conservation of natural resources, while concerns for industrial pollution control and hazardous waste management were treated as ambiguous and as an attempt to slow down the pace of industrialization. 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. Nigeria attended the 1972 Stockholm Conference on Human Environment, the United Nations Environment Program (UNEP) and ratified several other International Environmental Conventions. These ignited the consciousness of our government on the need to evolve a holistic rather
than sectoral approach to environmental protection and preservation. 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 horrendous situation of industrial pollution described earlier continued throughout most of the 80s. The uncheckmated assault on the environment continued. The worst culprit was the oil and gas industry as it generated the highest volume of toxic wastes. The SPDC Forcados Terminal tank failure of i978 and the Abudu pipeline incident of 1982 let out a combined estimate of 600,000 barrels of crude oil into the environment. The oil flowed into the nearby villages leaving untold destruction behind. The crops withered, the soil dried up and marine life died. On January 17 1980, a blowout fron the Texaco Finima-5 offshore station spilled 37 million litres of crude oil into the environment. Four villages, Sangama and Finima rivers were heavily polluted, leaving 180 people dead. 350 hectares of mangrove forest was also destroyed. On several occasions, people interviewed by Human Rights Watch said that spills in their area had made people sick who drank the water, especially children. The Nigerian government was still in a state of environmental lethargy. Its past efforts in environmental protection (pre-and-post independence) were geared primarily either towards safety or the protection and conservation of the economically important natural resources. They were narrow in scope and spatially restricted. This is clearly demonstrated by the list of environmental laws which include:
1. Oil Pipeline Act. 1956. 2. Forestry Act. 1958. 3. Minerals Act. 1958 4. Destruction of Mosquitoes Act. 1958. 5. Public Health Act. 1958. 6. Oil in Navigable Water Decree of 1968 7. Associated Gas Injection Act of 1969 7. Chad Basin Development Act 1973
Under such a state of lethargy in environmental protection, a strong catalyst was needed to wake up both government and the populace to their responsibilities. The Koko incident of June 1988 was the much needed catalyst which rudely jolted the government to the reality of toxic wastes. Five cargoes totaling 3,884 tonnes of toxic waste had been dumped in Koko, a small port town in Delta State. The act had been perpetrated by some Italian nationals in active connivance of an ignorant villager, Sunday Nana for a miserable sum of N500.00 monthly.
Prior to 1988, the government of Nigeria had no meaningful environmental policy. The incident awoke the consciousness of the government and the people to environmental protection. A Ministerial Task Force was immediately set up to evacuate the waste within six weeks. The Nigerian government then came out with its first policy statement on environmental protection and went a step further to enact the Harmful Wastes (Special Criminal Provision etc.) Act, 1988, which makes it an offence for any person to “carry, deposit, dump, or be in possession, for the purpose of carrying, depositing or dumping, any harmful waste anywhere on Nigerian soil, inland waters or seas”.
In December 1988, The Federal Environmental Protection Agency (FEPA) was established by Decree 58 of 1988 of the FEPA Decree and as amended by Decree 59 of 1992. FEPA was given responsibility for control over Nigeria’s environment, its resources, exploitation and management and the development of processes and policies to achieve this. FEPA launched the National Policy on the Environment (NPE) in 27th November 1989, with the policy goal of achieving sustainable development. It also published other sectoral regulations including 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 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. National Environmental Protection (Pollution Abatement in Industries and Facilities Generating Wastes) Regulation 1991 The Management of Solid and Hazardous Wastes Regulations 1991 which give a comprehensive list of dangerous and hazardous wastes. 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.
However in the oil industry, the principal legislation was the Petroleum Act 1969 and all derivative regulations charged the Department of Petroleum Resources (DPR) among others with pollution abatement. The Department of Petroleum Resources (DPR), an arm of the Ministry of Petroleum Resources, recognizing that the activities of the petroleum industry has serious environmental impacts, also decided to set out comprehensive standards and guidelines to direct the execution of projects with proper consideration for the environment. The DPR Environmental Guidelines and Standards (EGAS) of 1991 for the petroleum industry is a comprehensive working document with serious consideration for the preservation and protection of the Niger Delta, and thus the Nigerian environment. States and Local Government Councils (LG) which comprise the second and third tiers of government were encouraged under Decree 59 of the FEPA Decree 1992 to set up their own environmental protection agencies. On 12th October 1999, the Federal Ministry of Environment was created after the decree establishing FEPA had been repealed. FEPA was absorbed and its functions taken over by the FME in 1999. The Federal Ministry of Environment (FME) administers and enforces environmental laws in Nigeria.
4. SYNOPSIS OF ENVIRONMENTAL PROTECTION LAWS IN NIGERIA. The role of legislation in inducing responsible attitudes and behaviours towards the environment cannot be overlooked. Legislation serves as an effective instrument for environmental protection, planning, pollution, prevention and control. The following provides a summary of Nigerian legislation on the environment;
The Constitution of the Federal Republic of Nigeria (1999). The constitution, as the national legal order, recognises the importance of improving and protecting the environment and makes provision for it. Relevant section is Section 20 which makes it an objective of the Nigerian State to improve and protect the air, land, water, forest and wildlife of Nigeria.9 National Environmental Standards and Regulation Enforcement Agency (NESREA) Act 2007, administered by the Ministry of Environment. The National Environmental Standards and Regulation Enforcement Agency (NESREA) Act of 2007 replaced the Federal Environmental Protection Agency (FEPA) Act. Environmental Impact Assessment (EIA) Act. An Environmental Impact Assessment is an assessment of the potential impacts whether positive or negative, of a proposed project on the natural environment. The E.I.A as it is informally called, deals with the considerations of environmental impact in respect of public and private projects. The Land Use Act, which places the ownership, management and control of land in each state of the federation in the Governor. Land is therefore allocated with his authority for commercial, agricultural and other purposes. Harmful Waste (Special Criminal Provisions) Act. The Harmful Waste Act prohibits, without lawful authority, the carrying, dumping or depositing of harmful waste in the air, land or waters of Nigeria. Hydrocarbon Oil Refineries Act. The Hydrocarbon Oil Refineries Act is concerned with the licensing and control of refining activities like prohibiting any unlicensed refining of hydrocarbon oils in places other than a refinery and requires refinery to maintain pollution prevention facilities.
Associated Gas Re-Injection Act 1979 (to discourage gas flaring by providing for the re-injection of gas produced in association with oil in an industrial project) Sea Fisheries Act, that makes it illegal to take or harm fishes within Nigerian waters by use of explosives, poisonous or noxious substances. Oil Pipeline Act 1956 (as amended by Oil Pipelines Act 1965), prevents the pollution of land or any waters Petroleum Act. The Petroleum Act and its Regulations remain the primary legislation on oil and gas activities in Nigeria. It promotes public safety and environmental protection. Petroleum Products and Distribution (Management Board) Act Nigerian Mining Corporation Act. This Act establishes the Nigerian Mining Corporation. It has authority to engage in mining refining activities and to construct and maintain roads, dams, reservoirs, etc. River Basins Development Authority Act. The River Basins Development Authority is concerned with the development of water resources for domestic, industrial and other uses, and the control of floods and erosion. Agricultural (Control of Importation) Act Water Resources Act. The Water Resources Act is targeted at developing and improving the quality and quantity of water resources, provides authority to make pollution prevention plans and regulations for the protection of fisheries, flora and fauna. Niger-Delta Development Commission (NDDC) Act. The NigerDelta Development Commission Act is concerned with using allocated funds to tackle ecological problems arising from the exploration of oil minerals in the Delta. The commission, under this act, has a duty to liaise with oil and gas companies and advice
stakeholders on the control of oil spillages, gas flaring and other related forms of environmental pollution. The Mineral Oil (Safety) Regulations 1963, for safe discharge of inflammable gases and provide penalties for contravention and noncompliance.
5.
PROBLEMS
MITIGATING
AGAINST
EFFECTIVE
ENVIRONMENTAL PROTECTION IN NIGERIA Irrespective of the numerous environmental laws enacted to protect the environment, environmental degradation has continued unabated. Oil spillage and gas flaring activities are still commonplace in Nigeria, especially in the oil-rich Niger Delta. Gas flaring has also continued unabated irrespective of the Nigerian government’s directive to end flaring by 2010. The Idoho oil spill of 1997 spilled 40,000 barrels of crude oil into the environment. It travelled all the way from Akwa Ibom state to Lagos state dispersing oil through the coastal states, up to the Lagos coast. According to the Department of Petroleum Resources, between 1997 and 2001, Nigeria recorded a total number of 2,097 oil spill incidents amounting to 1,947,600 barrels of crude oil. Thousands of barrels of oil have been split into the environment through our oil pipelines and tanks in the country. Enforcement of environmental regulations is still poor as industries continue to discharge untreated waste water into the environment. Heaps of refuse are always a constant sight to behold in Nigerian streets and markets. Most recently, in December 2011, the SPDC’s Bonga offshore platform spilled about 40, 000 barrels of crude oil into Nigerian waters. On
January 16 2012, a gas explosion occurred at the Finuwa oil field owned by Chevron Nigeria Limited. The Nigerian government was shockingly silent about these two incidents. Listed below are some of the problems mitigating against effective environmental protection in Nigeria. 1.Low Commitment to Implementation and Enforcement The numerous existing environmental regulations which have been in place for many years are never effectively implemented. It should be noted that the number of such laws and regulations should not necessarily be the yardstick for measuring their effectiveness because in the absence of the much required will to enforce such laws, they become useless. Legislation is really not the critical factor in environmental improvement as a result of the fact that it does not guarantee that the intent of the legislator will be implemented. The major practical problem results from the difficulty to set up an efficient control and enforcement mechanism to apply the legal provisions. Enforcement requires adequate monitoring equipment, staff and funding. It is doubtful if presently these facilities exist for the monitoring of the environment. 2. Multiplicity of Roles The biggest problem mitigating against an effective enforcement programme in Nigeia is the multiplicity or conflict of roles by the several agencies involved in environmental protection. There is duplication of functions and overlapping responsibilities in the processes of environmental protection. Consequently, serious bottlenecks and bureaucratic confusion are created in the process. The result is a waste of resources, financially and materially. Two forms of role conflicts can be identified: · Conflicts in Federal/States/Local Government relations. · Conflicts in Environmental-Line Ministries/Agencies relations
Conflicts in Environmental-Line Ministries/Agencies relations One of such problems is the multiplicity of environmental protection agencies with overlapping responsibilities rather than complementary relationships. For instance, at the Federal level in addition to FEPA. There are six other departments and units from various ministries that control or manage environmental degradation. Thus, it were not uncommon to clash over the same issue. This state of affairs has often led to uncoordinated approach to environmental management issues. These uncoordinated approach has not augured well for environmental protection and sustainable development and the situation has often been exploited for the continued abuse of the environment.
Conflicts in Federal/States/Local Government Relations. Another problem that has bedeviled environmental protection and management at the state level is the undue controversies as to which tierstate or local government should be charged with environmental protection. The cause of the problem may be unconnected with the constitutional provision of the functions of a local government Council found in the 4th schedule of the 1999 constitution. Item 1(b) provides as follows: “Provision and Maintenance of public conveniences, sewage and refuse disposal (Constitution of the Federal Republic of Nigeria,1999:150)”
3. Powerful Individuals and Groups One of the greatest challenges of an enforcement department in a developing country comes in form of threats from powerful individuals and groups. When such individuals and/or groups own industries which in turn form themselves into associations, they become extremely formidable. In 1998, during one of the early widely publicised inspections of highly
polluting industrial facilities in Nigeria, the Chief Executive of FEPA personally led a team to a detergent factory which was discharging its effluents into an open drain. The drain in turn empties into a river used as drinking water some 600 meters downstream. The facility was given a maximum of 90 days to correct the situation and the news about the inspection which was to serve as a warning to other polluting facilities, was meant to be carried out that night on the National Television Networks and in the Newspaper the following morning. The owner of the facilities ensured that news of the inspection was blacked out. He followed with a telephone call two days later to confirm that he was responsible for the news black-out and to warn that he was going to report the Agency to the President of the Federal Republic for daring to embarrass him by saying that his facility was polluting and trying to frustrate his efforts at providing jobs for his people. That was how the case was swept under the carpet
4. Undue Adherence to Legalism by the Courts Nigerian courts stick to undue legal procedures even in issues relating to the environment. One such area is the issue of locus standi which had tended and in many cases discouraged private actions in court against environmental pollution. A case in point is the case of Oronto Douglas vs SPDC and five others (Suit No FHC/25C/573/93, unreported, delivered on 17th February 1997) in which the plaintiff instituted this action on the grounds that the intendment of the EIA Decree No 86 1992 had not been fully complied with in the establishment of the liquefied Natural Gas Project at Bonny. The Decree provides inter alia for a mandatory EIA in respect of a petrochemical company to be established and that there must be evidence of public participation in the review before the FEPA can certify the
project. The plaintiff’s claim was not adhered to by the defendants thus the present action. Belgore C.J., after reviewing various judicial authorities held inter alia that the plaintiff had no locus standi (standing to sue or the right to sue) on the grounds that he had not shown any prima facie evidence that his right was affected or any direct injury caused to him. This decision has been held in many quarters as a rape in the quest for citizen’s right in the enforcement of environmental rights. The judge hid under the common law of tortious liability of public nuisance and rather than liberalizing the position, stuck to undue legalism to deny the enforcement of the provision of legislation.
5. Obsolete Laws There is also the problem of obsolete laws which are absolutely ridiculous in current times. These acts of legislation require review as they were enacted several years ago when energy demands were low. The penalty for gas flaring is N10 for every 1000 cubic feet of gas flared. This is a miserable sum compared to the current price of crude oil which is $100 per barrel. Most oil companies have taken advantage of this legal loophole to embark on an endless flaring of gas. All they do is flare as much associated gas as they can, in oil exploration, and pay the required pittance penalty thereafter.
6. The Political Nature of the Office of the Minister of Environment
Due to the very critical nature of the environment, the Federal Ministry of Environment requires a thoroughbred professional who is grounded in environmental issues as the helmsman. However, this is never the case as the Ministry is always headed by a politician with little background knowledge about the environment. The lethargic attitude of the Federal Ministry of Environment to environmental problems can be traced to this. The government adduces this to the fact that professionals are versatile and can function effectively anywhere irrespective of their educational background or experience. We can’t possibly expect much from a businessman as the Minister of Environment.
7. Corruption and Economic Sabotage. The same cankerworm which permeates every sector of Nigeria still plays a major role in hampering the environmental efforts of Nigerian environmental regulatory agencies. The most pronounced form of corruption is state-related, where public office holders use their positions to misappropriate and embezzle 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 contractor. Corruption ensures that any effort geared towards effective environmental regulation in Nigeria is stifled. Pollution acts that would have received serious attention from the regulatory agencies receive lenient sentences or are simply swept under the carpet after the receipt of kick-backs and bribes.
8. Millitancy and Sabotage Since the inception of militancy in the Niger Delta region, oil bunkering and vandalization of oil facilities has been the order of the day. These activities by militants have led to several environmental pollution incidences which has in no small way impacted on the environment
adversely. There seem to be no law against the activities of militants as regards to the impact on the environment. Most times when such incidences occur, regulatory agencies remain clueless as to whom to hold responsible especially when these militants have proven to be invincible. The Movement for the Emancipation of the Niger Delta (MEND), a militant sect had last weekend blew up Agip truck line in Brass, Bayelsa State, resulting in a loss of 4,000 barrels of oil per day. Sounding tough and unrepentant, MEND yesterday served notice of bigger attacks on oil installations.
8. Bureaucratic Wrangling Bureaucracy stifles the effective execution of regulations as a result of different levels of authorization required between the different administrative agencies and sectors involved in environmental control. It is common that these agencies usually 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. For example, the Ministry of Petroleum is engaged in power struggles with the Department of Petroleum Resources (DPR). As a federal government department, the Ministry of Petroleum supervises all governmental affairs relating to petroleum.The Ministry of Petroleum has several corporations under it, including the Nigerian National Petroleum Corporation (NNPC) and the DPR. 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 Ministry of Petroleum. As a delegate of the Minister, the DPR is mainly responsible for the 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 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.Any attempt by the DPR to carry out its important public interest functions, especially in the area of environmental protection are likely to be thwarted by the MP if the Minister disagrees with any decisions made by the DPR. These problems of the DPR also affect environmental protection in the industry and this has been compounded by a struggle for supremacy arising between the DPR and the Ministry of Environment over the control of the environmental regulation of the oil industry.
9. Insufficient Funding of Regulatory Agencies For regulatory bodies to function effectively, they need to have state of the art equipments and well trained personnel. These can only be achieved through the provision of adequate funding. It is a well known fact that environmental regulatory agencies in Nigeria generally lack such 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 who have crude and out dated equipments.
The budget of the DPR is dependent on the allocation from the Ministry of Petroleum. Due to the limited financial resources at the disposal of these agencies, they are unable to recruit sufficient numbers of trained and experienced personnel to carry out their 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, incomprehensive and in most situations rarely enforce correctional measures on the erring oil companies.
10. Lack of full access to Information Due to the relatively low degree of technological advancement and the importance attached to information in most developing countries, especially in environmental matters, adequate and reliable data on sources, amounts, types, control and preventive measures taken in environmental protection are not usually available. Any information in possession of government agencies and oil companies is not accessible, as such documents or information are regarded as classified. In some cases, it is virtually impossible to get access to any timely information. The situation is made worse by the absence of any legislation which guarantees freedom of information. Other problems include: i.Half hearted making of half-baked decrees, acts and pronouncements by the government. A case in point is
the directive by the Federal
Government instructing all oil companies to end gas by 2010. We are now in 2012 but the oil companies in the Niger Delta are still flaring gas.
ii. Disincentives to actively commit the stakeholders into actively protecting the environment. iii. Indifference on the part of industry operator. Some industry operators probably know and wish to do the right thing. However, seeing that there is neither recognition nor penalty for doing the right or wrong thing, respectively, pushes the few good ones into doing the wrong thing. Since profitability is the end goal of every entrepreneur, what would be their incentive to spending more on waste treatment when no one is there to blow the whistle? iv. Prevalent poverty and illiteracy among the citizenry who ought to see their environment as part of the habitat upon which the human race depends for survival. v. Selfishness among industry operators who think more of their profitability than the health of others who depend on the same surface water for domestic purposes.
THE GOVERNMENT’S RESPONSE TO THE ABOVE PROBLEMS The Federal Government of Nigeria solved the problem of multiplicity of roles by creating the Federal Ministry of Environment. It further directed the transfer of various units and departments hitherto engaged in environmental management to the Ministry of Environment. The government has also repealed the decree establishing several agencies to put an end to the overlap in functions. For instance, the decree establishing Natural Resource Conservation Council (NARESCON) was repealed and its functions were merged with FEPA to remove the overlap in functions as to who should be responsible for wildlife conservation. In 2010, a bill known as the Petroleum Industry Bill was brought before the floor of the Nigerian Senate (the upper house of the Nigerian Assembly).
The bill, when passed, will put an end to the continued devastation of the environment in the process of exploring and exploiting crude oil. Environmental protection laws in the Nigerian Petroleum Industry would also be at par with that obtained in developed nations like the United States. With the passage of the bill into law, there would be no legal loophole for the oil companies to exploit in sustaining their assault on the environment. The government has also passed the Freedom of Information (FOI) bill into law, in 2011, to guarantee unrestricted access to information in Nigeria. With the new law, data on sources, amounts, types, control and preventive measures taken in environmental protection will be available to every Nigerian. The Federal Government also recently increased the penalty for gas flaring from N10 to $3.50 per 1000 standard cubic feet of gas flared. To checkmate corruption in the public sector, the government instituted the Code of Conduct Bureau, the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practice Commission (ICPC). With these three agencies, it is believed that corruption will be fought to a standstill. The Federal Government has also made investments in several waste to wealth schemes like the Escravos Gas to Liquid Project. With the Escravos Gas to Liquid (EGTL) Project, associated gas that would have been flared is now converted to liquefied petroleum gas (LPG). It also recently announced an intention to partner with Titan Projects Ltd to set up five waste treatment plants in Nigeria.
5. ADVOCACY
5.1 Constitutional Reforms To solve the problem of undue controversies between the three tiers of government, an amendment to the contentious item 1(b) to the 4 th schedule of the 1999 constitution is advocated so that local government councils hands off from environmental management. The reason is that environmental management entails experts from various related disciplines which the local government with their lean resources cannot recruit and remunerate adequately The Law Reform Commission and Federal Ministry of Justice in conjunction with the States, environmental NGOs and interested groups and companies should develop an integrated, co-ordinated and comprehensive legislation on the environment, removing rivalries, bureaucratic bottlenecks and areas of overlapping, duplication and confusion. The office of the Minister of Environment should be kept away from politicians. It should not be seen as a way to compensate political allies. The Minister of Environment must be an industry expert with sound background in environmental protection and management. Emphasis is placed on an industry expert as he will be able to block all the loopholes which industries exploit to pollute the environment. 5.2 Speedy Passage of the Petroleum Industry Bill The passage of the petroleum industry bill will bring sanity to the petroleum industry in the area of environmental protection. Oil companies in Nigeria willl be compelled to abide by world environmental standards as they carry out their business.. Also, the Nigerian government should also impress upon oil companies to become very responsive when spills occur to restore the pipes.
5.3 Liberalization of Environmental Protection Environmental protection should be liberalized by the courts to enable private individual participation in the enforcement of environmental protection legislation. Hortatory provisions should be expunged from Nigerian environmental legislation and operators should be made accountable for any pollution caused by their operations. Apart from clean up operations, they should pay adequate compensation to all those affected by their operations. As a first remedial measure, a purely penal approach should be adopted to control environmental degradation presently experienced in the Nigerian environment caused by oil operators. A case in point is the BP oil spill in which the American government mandated the polluter, British Petroteum, to clean up the entire spill.BP was also made to pay a very huge compensation for all the damage it caused. Should Nigeria toe the same line, industries would pay more attention to issues bordering on environmental protection. Privative clauses in the existing legislation should be removed to expose the regulators discretionary decisions to judicial accountability through judicial review. Judges should extend judicial activism and review traditional common law principles on access to courts in favour of citizens and environmental groups in environmental matters. Just as there is a Court Of Arbitration for Sports (CAS) to handle all sportsrelated issues, an environmental court may also be set up to handle all issues pertaining to environmental protection and management. With the establishment of an environmental court, the issue of locus standi and other legal bottlenecks that have frustrated the prosecution of environmental law offenders would become irrelevant. 5.4 Cooperation between the Government and the Locals
Cooperation among the government, operators and the inhabitants can reduce or prevent the problems of sabotage of oil producing communities. The government should be willing to share a reasonable percentage of oil revenue with the people in oil producing areas. This may take the form of essential social services, such as potable water, electricity, schools and hospitals. The oil operators should also employ skilled and unskilled workers from these areas and make prompt payment of compensation to affected people. Oil companies should provide the public, especially in oil producing areas with proper training materials, seminars/workshops, public enlightenment programs and other expert services for abating and controlling oil spills and other environmental problems associated with the industry
5.5 New Approach to Funding The petroleum industry,which is the mainstay of the Nigerian economy, is the biggest polluter of the Nigerian environment. It is hereby advocated that a certain percentage( say 0.05%) of any revenue accruable to the country from any revenue in the oil and gas industry should be dedicated to environmental protection.
6. CONCLUSION. The era of environmental dormancy is over. All over the globe, governments and various bodies have generated a greater awareness as to the need to protect the environment. The Nigerian government, like other governments, has put strict legislation in place to deal with the environmental pollution problem. This study has attempted to discuss the existing state of environmental regulation in Nigeria. As the findings have shown, the government and the
industry in Nigeria are more concerned about revenue and profits from oil than addressing the problems caused by exploration and production on the environment. Existing legislation in Nigeria calls for a serious review to resolve the present conflicts and supremacy struggle between regulatory agencies and the ambiguities of the statutory provisions. The constraints mitigating against effective environmental regulation further compound environmental protection objectives in Nigeria. Establishing an effective enforcement programme in Nigeria requires a firm commitment on the part of government and a stable and vibrant leadership in the environmental enforcement agencies. The mandate for enforcement must be clear and the roles of line agencies distinct to avoid inter-agency conflicts that could be capitalized upon by powerful target groups to frustrate enforcement programmes. To be relevant, the regulators (administrators) should be better supported and, for effective compliance monitoring and enforcement, stiffer sanctions and penalties should be prescribed and strictly adhered to. This way, environmental requirements will be met and maintained. Staff should be highly motivated with adequate equipment and capacity building programs vigorously pursued. The administrators should invest more in capacity building, staff motivation and provision of conducive work environments together with the necessary facilities. The government in this regard should make funds available to the environmental regulators. Otherwise, they become exposed to monetary inducements leaving compliance in the hands of the proponent. It is advocated that a certain percentage of the revenue from crude oil should be ploughed back into environmental management. It is recommended that Nigeria should make efforts to tow the lines of the West, especially the USA in environmental concerns, and it is hoped that
all these efforts will lead to a better place for mankind and other life forms in the environment
REFERENCES Akanle, O., Pollution control regulation the Nigerian oil industry (Lagos: N.I.A.L.S.1991). Akpofure, E.A., M.L. Efere and P. Ayawei,, (2000): The Adverse Effects of Crude Oil Spills in the Niger Delta. Urhobo Historical Society. Kiss, A. & Shelton, D., International Environmental law (Ardley son: Transnational Publishcrs, 199 1). Mikdashi Z., The Community of Oil Exporting Countries New York: Cornell University Press, 1972). Mrs V. E. Kalu, LL.M, BL, Lecturer & Ag. Head, Dept. Of Private & Property Law, University of Benin: Toxic Wastes And the Nigerian Environment; An Appraisal. Navia, J.M.B., Environmental and Water Laws (Utrecht, Netherlands: International Books, 1994). Nwilo, P.C. & O.T. Badejo, (2005): Oil Spill Problems and Management in the Niger Delta. International Oil Spill Conference, Miami, Florida, USA. Olisa, M.M., Nigerian Petroleum Law and Practice (Ibadan. Nigeria: Fountain Books.1987). Pearson, S.R., Petroleum in Nigerian Economy (California: Stanford University Press,1970).
Rabie, M.A. and Fuggle, R.F. eds., “The Rise of Environmental Concern” in Environmental Management in South Africa Wetton, Juta, 1996, 11. Schatzl, L.H.' Petroleum in Nigeria (Ibadan: Oxford University Press, 1969). SPDC, (1996): People and the Environment. SPDC Annual Report. Strosher, M., Investigations of Flare Gas Emission in Africa(Calgary: Alberta Research Council, 1996). Uchegbu, A., “The Legal Regulation of Environmental Protection and Enforcement in Nigeria” (1988/89) Journal of Private & Property Law, 58.
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