ABSTRACT

          This project deals with the legal and institutional framework for the control of Environmental Pollution in Nigeria.

          Pollution of the environment leads to the degradation of the environment, which is a consequence of industrialization.  In Nigeria, there are laws that are enacted to safeguard our environment.  There are also institutions put in place to enforce these laws.

          However, recent experience has shown that despite these laws and the institutions, the environment (air, water and land) is still being polluted by man.  Yet, it is this environment that man lives.

          This long essay is a contribution to the relationship of man and the environment.  This work is important because it relates to life.  For life to be protected, the environment must be safeguarded.  This is not only for present generation, but also for future generations of Nigerians.

          Consequently, the crucial issue is not to halt all domestic, commercial and industrial activities in order to sustain the quality of the environment, rather, the issue is to examine the legal and institutional framework for the control of environmental pollution in Nigeria whether they have been able to attain the objective of their enactment and establishments.  If theyhave done that, then we shall be done but if not, we shall profer certain recommendations for the effectiveness of the laws and the institutions.

          This work shall be limited in scope to Nigerian environmental laws and institutions.  For the purpose of an indept analysis and a proper comparative analysis, positions of other countries e.g. Canada and America shall be referred to in passing.

          There could arise during the course of this research some intervening variables which might prevent the researcher in presenting a flawless and perfect work on this study.  These include: the deart of cases in respect of environmental issues.  Also envisaged is the problem of laying hands on both foreign and local journals in this topic.

          Nevertheless, the above intervening variables shall not prevent the researcher from presenting an analytical work based on this topic.

          This research work will be based on a critical and analytical study of the topic under discuss, spread across the following chapters:

Chapter One:                Introduction

Chapter Two:               The Legal Framework for the Control of Environmental Polution in Nigeria.

Chapter Three:             The Institutional Framework for the control of Environmental Polution in Nigeria.

Chapter Four:               Analysis of the Legal and Institutional framework for the control of Environmental Pollution in Nigeria.

Chapter Five:               Conclusion and Recommendations.

CHAPTER ONE

1.1     INTRODUCTION

          This project deals with the legal and institutional framework for the control of environmental pollution in Nigeria.  Pollution of the environment leads to the degradation of the environment which is a consequence of industrialization.

          The environment (air, water and land) remains nature’s greatest legacy to mankind.  Air, water and land constitute the basic necessities of human existence. Inspite of nature’s generous provision of these necessities of life, the environment has been and is still being polluted by man through indiscriminate disposal of domestic, commercial and industrial wastes.

          Environmental pollution leads to the degradation of the environment, which is a consequence of industrialization.  Mankind is now faced with the fact that the current rate of destruction might lead to a very bleak or even a non-existent future for the earth and its inhabitants.  The control and regulation of the use of the environment by all nations is therefore essential, because man’s life is tied to the environment.  Honourable Justice Belgore J.S.C. while expressing gladness at a seminar on environmental law stated thus:[1]       

This gathering will discuss the problem of the survival of this earth in relation to man made destructive things now you are going to discuss the whole legal ramification of the environment in Nigeria.  But you may discover that you are thinking of life on this earth most of the time.

          Also, the Honourable Prince Bola Ajibola stated concerning the importance of the environment to life when he stated that:[2]

It is the policy of the administration to vigorously pursue the protection of the Nigerian environment in order to preserve the quality of life of all citizens and conserve the resources for the benefit of future generations of Nigerians.

          From the above, it stands clear that life depends on the environment.  Contrary to the attitude and belief of most people in developing countries that their life and livelihood depend entirely on their immediate neighbourhood, it is now being realized that environment extends beyond a people’s immediate surrounding sometimes assuming international dimensions.

          Man depends on resources in his immediate vicinity for sustenance.  But these resources are routinely depleted without adequate or any consideration for their conservation or replacements.

          As there is a growth in the number of people who are demanding goods and services, that increasing knowledge and technology make possible, industrial production and trade also grows.  The implication of this is that there will be new factories and chemical plants, new sources of resources depletion and environmental pollution, also, growing in the amount of leisure time that people have.  There is also a fast growing tourist industry.  People have more time and opportunity to encroach upon countryside and beaches, often times polluting land, air and water, as well as jeopardizing plant and animal life in the process.  These selfish exploitations of natural resources make bleak the future of world youth and the unborn generation.

          Indeed, the old view that development must necessarily be accompanied by resources depletion has given way to the modern view of development without destruction.  Mankind has also come to realize that the environment belongs to all generations, present and future; hence the concept of sustainable development.

          The term, sustainable development has been defined as:[3]

Development that meets the needs and aspirations of the current generations; without compromising the ability to meet those of future generation.

          From the above, it stands that all life on earth forms part of a single independent system, which influences and depends on the non-living components of the planetary rock, soils, water and the atmosphere.

          Every human being has equal rights within the limits of the earth to the resources needed for a decent standard of living and no individual or group should deprive another of his (their) means of subsistence.  Each person or society is obligated to the protection of these natural resources for the mutual benefit of all.

          From the above, it can be seen that there is really the need to police and protect the environment from being polluted.

          In every society, competing demands are frequently made on society’s natural resources such as air, water, land and wildlife.  The competition is usually between the forces of deterioration whose dominant objective is to consume or deteriorate natural resources, and the conservationists whose primary concern is how to preserve the society’s natural resources.  But people often lack honesty and objectivity in appraising the facts about pollution.

          While environmental protection may exaggerate negative aspects in support of their argument, their opponents may play up the positive side.  But the truth is that everything is growing, including the problems.

          Environmental damage consists essentially of pollution in all its ramifications.  Some apparently innocuous activities of man also contribute to the problem, domestic refuse carelessly thrown about residential areas, aerosol cans of cosmetics and insecticides in common use, emission of industrial fumes and other effluents into the atmosphere, construction of structures without appropriate authorization.

          To control environmental pollution, laws are put into place in order to safeguard our environment.  There are also institutions put into place to enforce these laws.

          However, recent experience has shown that despite these laws and institutions the environment, (air, water and land) is still being polluted with reckless abandon by man, yet man lives in this environment, man’s survival is also tied to the environment.

          Oil production has been going on in Nigeria for over 52 years together with the flaring of natural gas.  The resultant effect is the unsustainable practice of air, water and land pollution.  Our cities still experience heaps of refuse being dumped indiscriminately, oil spillage in the Niger Delta is still a regular occurrence; this pullutes the environment.

          Consequently, the crucial issue is not to halt all domestic, commercial and industrial activities in order to sustain the quality of the environment, rather, the issue is to examine the legal and institutional framework for the control of environmental pollution in Nigeria whether they have been able to attain the objective of their enactment and establishment.  If they have done that, then we shall be done but if not, we shall proffer certain recommendations so as to meet their effectiveness.

[1] Yemi Osibanjo “Some public law consideration in Environmental protection” in Environmental laws in Nigeria.  J.A. Omotala ed Lagos 1990 at p. 128.

[2] The need for Environmental protection law in Nigeria.  Shyllon F. Ed. Ibadan:  Vantage Publishers, 1989, p. 1.

[3] The protection of Nigeria environment through law in the law and the Environment in Nigeria, Shyllon F. Ed. Ibid. p. 10.