LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE CONTROL OF ENVIRONMENTAL POLLUTION IN NIGERIA

By

Author

Presented To

Department of Law

LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE CONTROL OF ENVIRONMENTAL POLLUTION IN NIGERIA

TABLE OF CONTENTS
Title page i
Certification ii
Approval iii
Dedication iv
Acknowledgements v
Table of Contents vii
Table of Cases x
Table of Statutes xii
Table of Abbreviation xiii
Abstract xiv

CHAPTER ONE: INTRODUCTION
10 Introduction 1
11 Definition of Environment 8
12 Pollution 10
13 Types of Pollution and Sources 12
131 Water Pollution and Sources 12
132 Noise Pollution and Sources 15
133 Air Pollution and Sources 17
134 Land Pollution and Sources 19
CHAPTER TWO: THE LEGAL FRAMEWORK FOR THE
CONTROL OF ENVIRONMENTAL POLLUTION IN NIGERIA

Common Law 21
The 1999 Constitution 26
National Policy on Environment 31
The Criminal Code 31
Oil in Navigable Waters Act 32
Oil Terminal Due Act 34
Associated Gas Re-Injection Act 35
The Petroleum Act 36
Petroleum (Drilling and Production) Regulations 37
Mineral Oil Safety Regulations 39
The Environmental Impact Assessment Act 39
The Harmful Waste (Special Criminal Provisions) Act 41
The Federal Environmental Protection Agency Act 42
States Pollution Control Laws 43
International Conventions Adopted by Nigeria in
Regulating Pollution 43

CHAPTER THREE: THE INSTITUTIONAL FRAMEWORK FOR
THE CONTROL OF ENVIRONMENTAL POLLUTION IN NIGERIA

Federal Institutional Framework 45
National Environmental Standards Regulations
Enforcement Agency 45
The Police 51
The Federal High Court 52
State Environmental Protection Agencies 56
Local Government Level 58
Individual/Private Enforcement 59

CHAPTER FOUR: ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE CONTROL OF ENVIRONMENTAL POLLUTION IN NIGERIA

Legal Framework " Analysis 61
Institutional Framework " Analysis 79

CHAPTER FIVE: CONCLUSION AND RECOMMENDATIONS
Conclusion 81
Recommendations 87
Bibliography 91

TABLE OF CASES
ACF v Commonwealth (1986) 146 CMLR 493
AG Lagos State v AG Federation (2003) 12 NWLR (pt 833)
Abacha & Ors V Gani Fawehinmi (2000)6 NWLR (pt 660) p 228
Abiola v Ijeoma (1970) 2 All NLR 768
Adeniran v Interland Transport Limited (1986)2 NWLR (pt 20) p 78
Allah Irou v Shell BP Suit No W/89/71 (Unreported)
Amos & Others v Shell BP (1977) 6 SC p 9
Archbishop Anthony Olubunmi Okojie & Ors V Attorney-General of Lagos State (1981) 1 Nigerian Constitutional Law Report 262
Fawehinmi v Akilu (1987)4 NWLR (pt 67) p 797
Isaiah v SPDC (2001) 11 NWLR (pt 723) p 168
Mcdonald v Associated Fuels Ltd (1954 (1954)3 DL R 775
Nigerian National Petroleum Corporation v Selle (2004) 4 NWLR (pt 856) p 379
Obasanjo v Yusuf (2004)9 NWLR (pt 877)p 144
Onajoke v Seismograph Services Ltd (Unreported) Suit No SHC/28/67
Oronto Douglass v SPDC & Others (Unreported) Suit No FHC/L/CS/573/931
Owoniyi Omotosho (1961) NLR 30
R v Inspectorate of Pollution Ex Parte Green Peace (1994) 2 CMLR 548, (1994) All ER 329
Read v Lyods and Co Ltd (1945) KB 216 p 236
Ryland v Fetcher (1886) IR EX 265
SPDC v HB Fishermen (2002) 4 NWLR (pt 758) p 205
Seismograph Services v Mark (1993) 7 NWLR 203
Seismograph Services v Ogbeni (1976) ISC 85
Shela Zia v Water and Power Development Authority Plc (1994) SCA 16
Total (Nig) Plc v IIRA (2004)7 NWLR (pt 873) p 453
Umudje v Shell BP (1975) 9-11 SC 172

TABLE OF STATUTES
Constitution of The Federal Republic of Nigeria, 1999 "
The African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap 10 Laws of the Federation of Nigeria, 1990
The Criminal Code Cap 77 Laws of the Federation of Nigeria, 1990
The Criminal Procedure Act Cap 80 Laws of the Federation of Nigeria, 1990
The Evidence Act, Cap 1 2 Laws of the Federation of Nigeria, 1990
Associated Gas Re-Injection Act, Cap 26 LFN 1990
Edo State Environmental Sanitation Edict of 1994
Environmental Sanitation Edict of 1994
Environmental Impact Assessment Act 1992 "
National Environmental Standards Regulations Enforcement Agency Act 2007
Harmful Waste (Special Criminal Provisions) Act Cap 165, LFN, 1990
Oil in Navigable Waters Act Cap 337, LFN, 1990
Oil Terminal Due Act Cap 339 LFN, 1990
The Petroleum Act Cap 310 LFN, 1990
Petroleum Drilling and Production Regulations Cap 350 LFN, 1990
Mineral Oil Safety Regulations, Cap 350 LFN, 1990
Oyo State Environmental Sanitation Edict, 1986
The Civil Aviation Act Cap 51 Laws of the Federation of Nigeria 1990
Lagos State Environmental Sanitation Edict No 3 1998
The Basel Convention of 1987
The Bomako Convention of 1991
The Stockholm Conference of 1972
TABLE OF ABBREVIATION
AC Appeal Cases
All ER All England Reports
ANLR All Nigerian Law Reports
Cr App R Criminal Appeal Reports
ENLR Eastern Nigerian Law Reports
NLR Nigerian Law Reports
NMLR Nigerian Monthly Law Report
NRNLR Northern Region of Nigeria Law Reports
NSCC Nigeria Supreme Courts Cases
NWLR Nigerian Weekly Law Report
QB Queen’s Bench
SCNJ Supreme Court of Nigeria Judgements
WACA Selected Judgements of the West African Court of Appeal
WLR Weekly Law Report
WRNLR Western Region of Nigeria Law Report
KB Law Report of Kings Bench

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 they have done that, then we shall be done but if not, we shall proffer 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 eg 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 dearth 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 Pollution in Nigeria
Chapter Three: The Institutional Framework for the control of Environmental Pollution in Nigeria
Chapter Four: Analysis of the Legal and Institutional framework for the control of Environmental Pollution in Nigeria
Chapter Five: Conclusion and Recommendations