It’s unimaginable that our environmental issues are placed on concurrent legislative list. Whilst chapter two, section 20: stated Environmental Objectives – The State shall protect and improve the environment and safeguard the water, air and land, forest and wildlife of Nigeria. Placing environmental issues on concurrent simply means Federal, State and Local government can legislate on our environmental matters which to very large extent explains why we have a non working or non functioning environmental policies because there is practically no ownership despite all the policies, Acts and laws our environment remain in shambles and devastating conditions. Am of strong opinion that our environmental issues should be on exclusive list whereby the legislation and standard is set at National level, Monitoring and Evaluation by State or Region while the management and operation of the environment should be at the Local government level as the closest to the people. In All as it concerns the environment a total Restructuring is required as a matter of urgency to stop or minimize our daily and annual environmental devastation from indiscriminate dumping of waste to Air pollution causing epidemic outbreaks and flood disasters that has become annual rituals. The foundation of our environmental problem is the lopsidedness of our constitution as it concerns the environment. Please find below for your information Environmental Laws and regulations available in Nigeria but with no specific or contradicting ownership structure.

A SYNOPSIS OF LAWS AND REGULATIONS ON THE ENVIRONMENT IN NIGERIA

The role of legislation in inducing responsible attitudes and behaviors 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)

– National Environmental Standards and Regulations Enforcement Agency (NESREA) Act

– Environmental Impact Assessment Act

– The Land Use Act

– Harmful Waste (Special Criminal Provisions) Act

– Hydrocarbon Oil Refineries Act

– Associated Gas re-injection Act

– The Endangered Species Act

– Sea Fisheries Act

– Exclusive Economic Zone Act

– Oil Pipelines Act

– Petroleum Act

– Petroleum Products and Distribution (Management Board) Act

– Territorial Waters Act

– Nuclear Safety and Radiation Protection Act

– Nigerian Mining Corporation Act

– Quarantine Act

– River Basins Development Authority Act

– Pest Control of Production (special powers) Act

– Agricultural (Control of Importation) Act

– Animal Diseases (control) Act

– Bees (Impact Control and Management) Act

– Civil Aviation Act

– Factories Act

– Water Resources Act

– Hides and Skins Act

– Federal National Park Act

– Niger-Delta Development Commission (NDDC) Act.

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (1999)

The constitution, as the national legal order, recognizes the importance of improving and protecting the environment and makes provision for it. Relevant sections are:
Section 20 makes it an objective of the Nigerian State to improve and protect the air, land, water, forest and wildlife of Nigeria.
Section 12 establishes, though implicitly, that international treaties (including environmental treaties) ratified by the National Assembly should be implemented as law in Nigeria.
Section 33 and 34 which guarantee fundamental human rights to life and human dignity respectively, have also being argued to be linked to the need for a healthy and safe environment to give these rights effect.

NATIONAL ENVIRONMENTAL STANDARDS AND REGULATION ENFORCEMENT AGENCY (NESREA) ACT 2007

Administered by the Ministry of Environment, the National Environment Standards and Regulation Enforcement Agency (NESREA) Act of 2007 replaced the Federal Environmental Protection Agency (FEPA) Act. It is the embodiment of laws and regulations focused on the protection and sustainable development of the environment and its natural resources. The following sections are worth noting:-
Section 7 provides authority to ensure compliance with environmental laws, local and international, on environmental sanitation and pollution prevention and control through monitory and regulatory measures.
Section 8 (1)(K) empowers the Agency to make and review regulations on air and water quality, effluent limitations, control of harmful substances and other forms of environmental pollution and sanitation.
Section 27 prohibits, without lawful authority, the discharge of hazardous substances into the environment. This offence is punishable under this section, with a fine not exceeding, N1,000,000 (One Million Naira) and an imprisonment term of 5 years. In the case of a company, there is an additional fine of N50,000, for every day the offence persists.

REGULATIONS (UNDER NESREA)
National Effluent Limitation Regulations.
Section 1 (1) requires industry facilities to have anti-pollution equipment for the treatment of effluent.
Section 3 (2) requires a submission to the agency of a composition of the industry’s treated effluents.
National Environment Protection (Pollution Abatement in Industries and Facilities producing Waste) Regulations (1991).
Section 1 Prohibits the release of hazardous substances into the air, land or water of Nigeria beyond approved limits set by the Agency.
Section 4 and 5 requires industries to report a discharge if it occurs and to submit a comprehensive list of chemicals used for production to the Agency.

To Be Continued........

Dr Femi Ajibogun, Shadow Minister of Environment.

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Thank you I need more

Interesting. Am glad someone is at least thinking positive. However am afraid ur suggestion won't work in Nigeria. You cant ask fg to make a law for the state to implement. That's not how federalism works. Who will pay for the implementation? If u give states money to implement d governor will just pocket it. Plus the exclusive list in d constitution is already to heavy for fg alone to carry.

The solution is for states to take ownership of their environmental policies while fg looks after the overall preservation of the country. So environment is where it is supposed to be, concurrent list.

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