Protecting the one Earth: the Role of the National Environmental Standard Regulation Enforcement Agency In Nigeria
By Emmanuel Goto
1.0 Introduction
The hallmark of securing sustainable goals, especially to protect and improve our earth is compliance with regulations. Presently, the earth is in jeopardy as a result of direct and indirect human activities such as deforestation, ozone layer depletion, desertification, pollution, global warming, and improper pesticides among others; devaluing the natural quality of water, air, and land, thereby causing environmental catastrophe - an albatross to serene human existence. In proffering a panacea, it hastened the enactment of the National Environmental Standard and Regulation Enforcement Agency (NESREA) to protect public health and promote sound environmental sanitation. Unfortunately, the agency suffers from weak enforcement, inadequate disciplinary measures and low constitutional support in Nigeria.
Naturally, earth is the home of man and in turn nurtures man and his myriads of activities.[1] The relationship between a man and the environment is analogous to the relationship between a man and his house.[2] It is necessary to protect the earth because injury to the environment will affect the inhabitants, and the environment is valuable because of these unassailable reasons:[3] the moral, practical, economic, anesthetic, genetic strength, research, education, recreational, philosophy and legal. Indeed, the importance of our environment (earth) can not be over-emphasized as its usefulness is ubiquitous in nature. Hence, this essay will delve into the meaning of environment and pollution, environmental protection in Nigeria, the role of NESREA Act in protecting the earth and some existential challenges militating against the agency.
2.0 Environment and Pollution
The environment is for man and other species to dwell, but there are some activities that contaminate the earth. The National Environmental Standard and Regulation Enforcement Agency (NESREA) Act, 2007 defined environment as; water, air, land, all plants and human beings or animals living therein and the inter-relationship that exists between these or any of them.[4] No wonder after the creation story, God Himself allowed man to be fruitful, multiply, fill the earth and subdue it and have dominion over the fish of the sea, the birds of the air, and over every living creature that moves upon the earth.[5] It was not God's purpose for man to contaminate the earth, never!
Therefore, environmental pollution has been simply defined as the addition to the natural environment of any substance or energy form (e.g heat, sound) at a rate that results in higher than natural concentrations of that substance, and therefore has an adverse effect.[6] Pollution occurs as a result of direct and indirect introduction of human activities into the environment which may be offensive, harmful and interfere human peaceful existence. Moreover, the earth becomes uncomfortable and disgusting to man when there is contamination on the water, air and land. Pollution is a man made or man aided alteration of the chemical, physical or biological quality of the environment beyond acceptable limits....[7] It signifies that pollution varies from oil, water, air, noise etc. However, in order to combat pollution, there are certain principles universally accepted; which have been adopted by Nigeria. They include: pollution prevention principle, polluter pay principle, user pay principle, inter-generational equity among others.
It is worth noting that due to the relevance of environmental matters, there are multifaceted of international conventions to tackle difficulties such as; declaration of United Nation Conference on the Human Environment,[8] the Rio Declaration on Environment and Development,[9] the Kyoto Protocol to the UN Framework Convention on climate change,[10] among others. These, have contributed towards the success of achieving sustainable environment all over the world.
3.0 NIGERIA Environmental Protection In Nigeria
It was zero percent concern for environmental protection before little approach were taken after the 1988 Koko incident. It was September 19, 1987 when a farmer from Koko presently in delta state, Nigeria, named Oyemire Sunday Nana, was approached by an Italian businessman who has been residing Nigeria for some years, dumped in about 3,880 tonnes of toxic and hazardous waste on behalf of an Italian company, thereby causing harm to the inhabitants.
This gave birth to environmental protection laws such as; harmful waste (Special Criminal Provision Etc) Act of 1988, Federal Environmental Protection Agency Act of 1988 to protect the environment and advice the government on environmental issues; Environmental Impact Assessment Act of 1992, mainly to achieve a clean and protected environment - inspecting every environmental project; The Nuclear Safety and Radiation Protection Act of 1995 to regulate and control the use of radioactive substance, materials and equipment’s emmitting and generating ionising radiation among others. These aforementioned laws were set up to combat the ill approach towards our environment in Nigeria.
4.0 The Role of NESREA in Protecting Our Earth
Before the establishment of NESREA Act, it was the place of FEPA to safeguard the environment until 1999 when the Government consolidated the FEPA and relevant Departments from other Ministries into a single Federal Ministry of Environment. Hence, the new Ministry of Environment dearth integral laws to stimulate enforcement which created an empty space in respect of effective standard and regulation in the country. To proffer apt solution, in line with section 20 of the 1999 Constitution of the Federal Republic of Nigeria,[11] the Federal Government established the NESREA Act in 2007, to protect and improve the environment holistically. The Act provides for the establishment of the National environmental standards and regulations enforcement agency charged with responsibility for the protection and development of the environment in Nigeria; and for other related matters.[12] A body is established as the Agency to serve as the enforcement Agency for environmental standards, regulations, rules, laws, policies and guidelines.[13] The Agency, shall, subject to the provisions of the Act, have responsibility for the protection and development of the environment, biodiversity conservation, and sustainable development of Nigeria‘s natural resources in general and environmental technology, including coordination and liaison with relevant stakeholders within and outside Nigeria on matters of enforcement of environmental standards, regulations, rules, laws, policies, and guidelines.[14]
It is the mandate of the Agency to ensure compliance with the provisions of international agreements, protocols, conventions and treaties on the environment, including climate change, biodiversity, conservation, desertification, forestry, oil and gas, chemicals, hazardous waste, ozone depletion, marine and wild life, pollution, sanitation and such other environmental agreements as may from time to time come into force; ensure compliance with water quality, environmental health and sanitation policies, standards, legislation and guidelines, particularly in the area of pollution abatement.[15] This concerns the protection of Nigeria environment from any form of pollution,[16] ranging from any ozone layers protection,[17] protection from unreasonable noise,[18] protection of the Nigerian waters,[19] general environmental sanitation,[20] land resources protection,[21] and discharge of hazardous substances and related offences.[22] In the event of removal of any pollutant (abatement) the clean up technology currently available at the time and the best management practice should be applied.[23] Hence, the law provides that any obstruction of an officer in his duty constitutes as an offence.[24]
It is clear in section 8 (g) of the Nesrea Act that, "the agency shall have power to conduct public investigation of natural resources, except investigation of oil spillage. The agency shall cooperate with other government agencies for the removal of any pollutant excluding oil and gas relevant matters discharged into Nigerian environment."
There is a lacuna in this provision as NESREA aims and objectives are missing by removing its functions from pollutants arising from oil and gas; and such, it is not justifiable regardless of the fact that NODSRA is established to prevent oil spillage. In the composition, representative of Oil Exploratory and Production Companies in Nigeria are part of the Governing Council,[25]and it is unreasonable to exclude its role in oil and gas pollution. The establishment of NERSEA Act is like "Old wine in a new bottle”[26], simply because there is no adequate change as the shortcomings faced by FEPA persist in NESREA.
5.0 Challenges Confronting NESREA
NESREA is confronting with some challenges which are;
5.1 Lack of solid Implementation: An ineffective law is like a mere paper; environmental catastrophes in Nigeria have been intensifying due to lackadaisical exhibitions. Non-compliance with environmental legislation was considered the main reason for the non-implementation of environmental legislation to improve the quality of the environment and health in Nigeria.[27] Nesrea has 33 National Environmental Regulations that cut across almost all sectors of human activities, but failed to function as explicitly stated in the Act.
5.2 Low disciplinary measures: The established laws are merely readable, but punitive measures are weak. Punishment is set to deter others from contaminating our one earth.
5.3 Exclusion clause of pollutant arising from oil and gas: Nesrea Act fails to perform its role by totally excluding its function to regulate oil spillage which is one of the dominant calamities in oil-producing regions. Environmental problems created by the oil industry in Nigeria are in the main preventable.[28]
5.4 Low-level constitutional provision for environmental protection: For Nesrea Act to be exceptionally effective, the Constitution should be altered to strengthen other laws. Environmental matters are fundamental and the suggestion for the three levels of government to legislate is a nonchalant demonstration. Even the mobile courts to expeditiously dispense cases of violation are not proactive because of the low value.
NESREA has been sluggish in undertaking its relevant roles, dormant in implementation, weak in disciplinary measures, and nonchalant in excluding itself from oil and gas pollutants.
6.0 Conclusion
The catastrophic activities in the environment should be curtailed; if not the earth will be uncomfortable for human beings to dwell in. If the Constitution is amended to increase the level of environmental protection and improvement; issues of deforestation, pollution, and degradation would be ameliorated. Also, the role of NESREA should be intensified to combat devastation through the provision of standard regulations and proper implementation policies to heal our earth.
REFERENCES
*Emmanuel Goto, LL.B, Niger Delta University, Yenegoa, Bayelsa state, BL (in view) emmanuelgoto75@gmail.com
[1] Raimi Morufum etal, 'A Deep Dive into the Review of National Environmental Standards and Regulations Enforcement Agency (NESREA) Act' (2019) Available <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3498797> accessed 10 November 2023
[2] Elvis-Imo Gina, 'Environmental Pollution Control and Strict Liability in Nigeria' Niger Delta University Law Journal (2016) Vol. 1, No. 1 p. 74
[3] Environmental News, 'A Quarterly Publication of the Nigerian Environmental Society, on the Preservation of our Biodiversity' April to June cited by A.O. Giwa, 'Environmental Pollution in Nigeria and the Factors Militating Against the Succour that Ought to Come from the IOPC' A Paper Presented on World Environment Day 2015
[4] Nesrea Act, 2007 s 37
[5] Genesis 1: 28, Amplified Version
[6] Y. Omorogbe, Oil and Gas Law in Nigeria (1st Edn, Malhouse Press 2003) p. 126
[7] n 4
[8] Stockholm, 16 June 1972
[9] Rio de Janeiro, 13 June 1992
[10] Kyoto, Dec 1997
[11] The state shall protect and improve the environment and safeguard the water, air and land, forest and wild life of Nigeria.
[12] n 4 The commencement part of the Act
[13] Ibid. s 2(a)
[14] Ibid. s 2
[15] Ibid. s 7
[16] Ibid. s 20
[17] Ibid. s 21
[18] Ibid. s 22
[19] Ibid. s 23
[20] Ibid. s 25
[21] Ibid. s 26
[22] Ibid. s 27
[23] Ibid. s 29
[24] Ibid. s 31
[25] Ibid. s 3 (1) (vii)
[26] O. E Zephaniah, 'The Challenges of Effective Environmental Enforcement and Compliance in the Niger Delta Region of Nigeria.' (2012) 14: 261-276.
[27] E.C Adibe and others, 'Environmental Impact Assessment in Nigeria' (1999) Immaculate Publishers, 2: 5-8.
[28] A. E Ogbuigwe, 'Compensation and Liability for oil pollution in Nigeria' (1985) 3J.P.P.L, P.23
