ENVIRONMENTAL DEGRADATION IN NIGERIA AND ITS SOCIO ECONOMIC

IMPLICATION: A CRITICAL APPRAISAL OF THE

LEGAL REGIME

BY

STELLA ANETOR (Mrs.)

AUGUST 2014

ABSTRACT
Man poses a major challenge to his environment in his quest to utilize environmental
resources for his benefit. Nature also contributes to environmental challenges. These challenges
which continue to degrade the environment include over-population and urbanisation, climate
change and polar ice melting, waste and improper waste management, pollution, deforestation
and desertification.
To ensure that the adverse socio-economic implications of man interaction with the
environment are controlled environmental regulations are enacted. They include Harmful Wastes
(Special Criminal Provisions) Act Cap 165 Law of the Federation of Nigeria 1990, Endangered
Species (Control of International Trade and Traffic) Act Cap 108 Laws of The Federation of
Nigeria 1990, Nigerian Mining and Mineral Act 2004, Water Resources Act 2004, Inland and
Sea Fisheries Act 2004, National Environmental Standards and Regulations Enforcement
Agency (NESREA) Act 2007, National Environmental (Protection of Endangered Species in
International Trade) Regulation 2011 and National Oil Spill Detection and Response Agency
(Establishment) Act 2006. Nigeria is also a signatory to both regional and international
environmental protection convention including the Bamako Convention on the Ban of the
Importation into Africa and the Control of Trans-Boundary Movement and Management of
Hazardous Waste within Africa, Convention on International Trade in Endangered Species of
Wild Flora and Fauna 1972, Basel Convention on the Control of Trans-Boundary Movement of
Hazardous Wastes and their Disposal, United Nations Convention for Environmental
Development and United Nations Framework Convention for Climate Change. In spite of these
laws, the degradation of the Nigerian environment has not abated with socio-economic
consequences of declining revenue from oil, threat to food and water security by oil pollution of
2

farmlands and water bodies, extinction of wildlife, flora and fauna, medicinal herbs and health
related challenges like cancer, asthma, child birth complications, low birth weight of children,
cyanosis and asphyxia (blue-baby syndrome) in infants under three months, hypertension, gastro
intestine disorder, fluorosis, bones and teeth morbidity, neurological disorder and infertility.
This thesis examines environmental degradation, its socio-economic implications and the
challenges of regulatory mechanisms with a view to establishing that corruption of regulatory
agency officials, poor infra structural development, antagonism of host communities and
improper appreciation of Nigerian factor are principally responsible for poor regulatory
mechanism in Nigeria. The thesis will contribute that obsolete and poorly enforced regulations,
poverty and ignorance of the consequences of environmental degrading activities and conflicting
roles of environmental agencies are principally responsible for the impunity with which
environmental degrading activities continue to thrive in Nigeria. The thesis concludes that
Nigeria socio-economic implications are traceable to the environmental degradation which
include, wastes and improper wastes management, urbanization/over population, deforestation,
desertification, food and water insecurity, effect of climate change and unless Nigeria changesher
approach towards utilizing environmental resources sustainably and proactive steps are taken by
government to fortify existing laws and their enforcement, environmental degradation will
remain endemic with increased socio-economic implications for Nigeria.

CHAPTER ONE
GENERAL INTRODUCTION AND PRELIMINARY ISSUES
1.1

INTRODUCTION
The environmental socio-economic problems of Nigeria are traceable to the

environmental degradation and poor regulatory mechanisms on the environment. The

environment has been defined as the totality of the physical, economic, aesthetic and social
circumstances and factors which surround and affect the desirable and value of property or which
also affects the quality of peoples lives.1 The environment has also been defined by different
authors2 without losing the substance that the environment covers the terrestrial - the land where
man and organisms live, the atmosphere where the birds of the air reside and the aquatic world
which consist of the marine and fresh water. The environment by its nature is made to support all
lives that exist in it. Environment is therefore a condusive and qualitative surrounding which
supports life. However this condusive desirability and the aesthetic nature and attribute of the
environment have continued to reside in the realm of fantasy because of the environmental effect
and challenges which are inherent or endemic in the environment itself and which challenges are
not unconnected with mans presence in the environment and his activities aim at maximizing
the environmental benefits for self.
Environmental degradation on the other implies the erosion of the natural environmental
qualities. It is incapable of precise definition but it could mean environmental effect 3. Man
cannot survive without the environment because it is from the web of the environmental
ecosystem that man derives the nourishment that enable him to survive on daily basis. Therefore
1

Atsegbua L; Ezekiel; A critical appraisal of environmental right under the Nigeria constitution. (2004) Vol. 2 No
1 B J. P. L; 45.
2
Biologically, it is simply defined as the surrounding of an organism: Idodo U. College Biology Basic Ecological
Concepts ( Benin city: Idodo Umeh publishers Ltd, 2004) p 496.
3
Black Law Dictionary, 8th Edition defines Environmental Effect to mean the Natural and artificial disturbance of
the physical, chemical or biological components that make up the environment.

in mans quest to satisfy his basic needs the erosion of the environmental values is imperative
and ought not to be problem if man devises a way of replenishing what he has taken from the
environment. The problem with mans interaction with the environment which has spelt grave
socio-economic problems for Nigeria is the irresponsible and unsustainable way with which man
continued to exploit and utilize these environmental resources; so much so that it is now a norm
that man is incapable of visiting a place and leaving it the way he founds it. Most times his
presence in a place is indicated by what he left behind irresponsibly or the absence of some
species of the environmental ecosystem.4
These unsustainable degrading activities of man include but not limited to deforestation,
bush burning, wild life poaching, encroachment of national parks and forest reserves, harmful
agricultural practices such as unreserved fishing, unregulated use of fertilizers and pesticides,
over grazing of green fields by livestock; channelling of untreated sewages to drains and water
bodies, blocking of drainages, sand dredging, seismographic blasting in search for crude oil,
hydraulic fracturing, crude oil theft, gas flaring, toxic effluent from manufacturing companies,
combustion from automobile exhaust pipe and generators, use of gasoline, jet fuel, petro
chemicals and chemical fertilizers, indiscriminate dumping of waste and improper waste
management. These have spelt endemic and grave socio-economic problems for Nigeria to
include loss of revenue from crude oil, desertification, erosion, soil infertility, food and water
insecurity, loss of carbon sink, loss of biodiversity, extinction of wildlife, flora and fauna,
pollution of land, air and waters resulting from emission of hazardous dust and oil spills as well
as from gas flaring and combustion of automobile exhaust and generators, global warming,
4

. The Zamfara water epidemic problem of September 2010 was as a result of unused lead left irresponsibly by
miners that found way into sources of drinking water and poised it. See. Aigbakhaevbo V.O. Non-Oil Resources
Exploitation in Nigeria: Environmental Malfeasance. International Energy Law Review 2012 Vol. 30 Issues 8,
p. 288.

atmospheric imbalance, climate change, polar ice melting and flooding.

Added to this is

associated health hazards which include but not limited to cancer, asthma, child birth
complications, low birth weight of children, cyanosis and asphyxia (blue-baby syndrome) in
infants under three months, hypertension, gastro intestine disorder, fluorosis, bones and teeth
morbidity, neurological disorder and infertility.
Environmental degradation may also be as a result of natural disaster such as hurricane,
earthquake and volcanic eruption but these are not entirely divorced of mans impute.
These socio-economic implications have further been compounded by unregulated urban
drift leading to increased irresponsible and unsustainable use of the environmental resources
resulting from competition of who gets what of the scare environmental resources. Apart from
the above implications Nigerian still has to contend with the problem of waste management,
combating deforestation and desertification, over-population and urbanisation, climate change as
well as the circumstantial problem inherent in polar ice melting which include flooding.
Over the years so many factors have been identified by scholars and environmental
experts5 as being the cause of these continuous challenges on the environment. They include
ignorance, poverty, over-population, belief of the people, lack of updating infrastructure by
stakeholders in both manufacturing and the oil industries, negligence on the part of those charged
with the responsibility of monitoring and inspecting the environment, to do so, corruption, and
improper waste management.
In order to bring mans unregulated and misuse of the environmental resources within
acceptable bounds and to ensure that the socio-economic implication of environmental
degradation in Nigeria are controlled and abated, environmental regulations were enacted. They
include Harmful Wastes (Special Criminal Provisions) Act Cap 165 Law of the Federation of
5

. Supra at note 4, p. 292.

Nigeria 1990, Endangered Species (Control of International Trade and Traffic) Act Cap 108
Laws of The Federation of Nigeria 1990, Nigerian Mining and Mineral Act 2004, Water
Resources Act 2004, Inland and Sea Fisheries Act 2004, National Environmental Standards and
Regulations Enforcement Agency (NESREA) Act 2007, National Environmental (Protection of
Endangered Species in International Trade) Regulation 2011 and National Oil Spill Detection
and Response Agency (Establishment) Act 2006, Nigerian Urban And Regional Planning Act
and the Town and Country (Building Planning) Regulations of various states of the federation6.
Nigeria is also a signatory to both regional and international environmental protection
conventions including the Bamako Convention on the Ban of the Importation into Africa and the
Control of Trans-Boundary Movement and Management of Hazardous Waste within Africa,
Convention on International Trade in Endangered Species of Wild Flora and Fauna 1972, Basel
Convention on the Control of Trans-Boundary Movement of Hazardous Wastes and their
Disposal, the United Nations Convention for Environmental Development and the United
Nations Framework Convention for Climate Change. Inherent in some of these laws are also
abatement measures7. Nigeria is also part of the African regional initiative of the Great Green
Wall aimed at abating desertification.8 There are also judicial pronouncement in favour of
conservation and preservation of the environment9.

. The thesis shall be making reference to the Lagos state town and country (building Planning) Regulation 1986.
. Section 72 of the Nigerian urban and regional planning act provided for planting of trees for conservation of the
environment, also sections 18(2), 19 and 21 provided for a host of abatement measures on the environment to
include zoning policies, creation of drainage system, ventilations and bathrooms and toilet systems. Under
Nesrea there is the provision of polluter pay principle, and in the Nosdra it is provided for clean-up measures
immediately after oil spills.
8
. Nigeria was in the forefront of this initiative during the regime of former President Olusegun Obasanjo.
9
. In the case of Gbemre v SPDC suit No. FHC/3C5/53/05(unreported), the court pronounced that gas flare is
illegal. In the case of Abiola v Ijeoma, it was the decision of the court that a poultry farm in an area of Lagos
metropolis zoned to residential only is against the master plan of that area this decision abated the nuisance of
smell and noise which emanated from the poultry farm.
7

However, the degradation of the Nigerian environment has remained unabated with its
socio-economic problems in spite of the laws due to corruption of Nigerian leaders and
environmental enforcement agencies, unsustainable governmental policies resulting from
instability of government, negative attitude of the people towards environmental laws, poverty
and the problem of unemployment, poor remuneration of environmental enforcement agencies,
lack of modern infrastructures to aid effective monitoring and ignorance of the people not only
of their right to use the laws to abate environmental infringement but also of the consequences of
environmental degrading activities as well as of the existing laws.
This thesis examines the Nigerian environmental degradation, its socio-economic
implications and the challenges of regulatory mechanisms with a view to establishing that
corruption of Nigeria leaders and regulatory agencies officials, poor infrastructural
development, antagonism of host communities, improper appreciation of the Nigerian factor and
lack of public participation in making environmental laws are principally responsible for poor
regulatory mechanisms in Nigeria. The thesis will contribute that obsolete and poorly enforced
regulations, poverty, unemployment, ignorance of the consequences of environmental degrading
activities and conflicting roles of environmental agencies, poor remuneration of environmental
agencies, lack of sustainability of governmental policies on environmental issues are principally
responsible for the impunity with which environmental degrading activities continue to thrive in
Nigeria.
It concludes that the socio-economic implications of environmental degradation in Nigeria is
traceable to poor regulatory mechanisms and unless Nigerians changes their approach towards
utilizing environmental resources sustainably and proactive steps are taken by government to

fortify existing legislations and their enforcement, environmental degradation will remain an
endemic problem with increased socio-economic implications for Nigeria.
1.2

Aims and Objectives

The aim of this research is informed by the problems highlighted in the statement of the research
problem. Therefore the specific objectives of this research are as follows:
i.

To examine the problem of environmental degradation in Nigerian

ii.

To critically examine the socio-economic implications of environmental degradation

and efficacy of environmental regulation in Nigeria with a view to establishing that
corruption of Nigeria leaders and regulatory agency officials, lack of public in
drafting environmental laws, poor infra structural development, antagonism of host
communities, negative attitude of Nigerians towards environmental regulatory
mechanisms, are principally responsible for poor implementation of environmental
regulatory mechanism in Nigeria.

1.3

Methodology

The thesis will employ the doctrinal or library-oriented research methodology in this research. It
will use primary research materials sourced from statutes and also secondary sources from
textbooks and law journals containing relevant articles by academic writers. These primary and
secondary sources provided the needed detailed and critical literature which allow for an indepth analysis of the environmental degradation in Nigeria, its socio-economic implications and
the regulatory mechanism with a view to arriving at such legal conclusions as are revealed by the
findings of the research.
1.4

Expected Findings.

The expected findings include the following:

(i).

The socio-economic challenges in Nigeria are traceable to the environmental

degradation and ineffective enforcement of regulatory laws.

(ii)

Role conflicts of environmental agencies have led them to be more preoccupied with
jostling for power than enforcement of environmental regulatory laws.

(iii).

Unemployment problem in Nigeria is the reason for endemic environmental problem

and aggressive exploitation of environmental resources which has led to increased
socio- economic problem for Nigeria.

(iv).

Poor remuneration for environmental officials has breed corruption which has led to
trading away enforcement of the laws for collection of peanuts as bribe to undermine
consequences.

(v).

Inadequate, stringent penalties and weak enforcement policies are principally

responsible for the impunity with which environmental degrading activities continue
to thrive in Nigeria.

(vii).

Ignorance of the effect of unsustainable utilisation of environmental resources such as

deforestation and negative attitude of the populace towards environmental laws has led to
increase disregard for the environment and the regulatory laws with grave socioeconomic implication for Nigeria.

(viii). Over population and unregulated urban drift has fuelled irresponsible utilization of
environmental resources which has further exacerbated the environmental degradation
and has spelt graver socio-economic problems for Nigeria.
(ix).

Government involvement in joint venture with multinational in the production of oil, has
given reasons for violation environmental laws without consequences. This in itself is a
greater problem that will defy every effort to halt environmental degradation because the
regulator cannot regulate itself.

(x).

Misappropriation and reckless spend of public fund by the political class has led to
deliberate violation of environmental regulatory laws.

(xi).

Awareness of the masses that most environmental regulatory laws are pregnant with
ideological implications.

1.5

Expected Contribution to Knowledge

10

The thesis contributes that obsolete and poorly enforced regulations, poverty and
ignorance of the consequences of environmental degrading activities and conflicting roles
of environmental agencies are principally responsible for the impunity with which
environmental degrading activities continue to thrive in Nigeria.
1.6

Literature Review
Environmental degradation is as old as humanity and cannot be divorced from its
socio-economic implications. It is a global problem for which there are global concerns10
as a result laws have been made both at domestic and international level to address the
problem. In Nigerian however, regulating environmental degradation with laws is a fairly
a new development.11 Since then this aspect of the law has been cover with so much
literature on the need to ascertaining the causes of environmental degradation, its socioeconomic implications and to regulate the use to which environmental resources are put
with laws and by extension abate environmental degradation with its socio-economic
implications. For the purpose of this thesis, the review of literature on this subject will be
restricted to three sub heads viz: causes of environmental degradation, socio-economic
implications of environmental degradation and the regulatory laws.
On the causes of environmental degradation, this literature review intends to
cover wastes, deforestation, pollution, oil spillage, overpopulation and climate change. In

10

. Kochiro Matsuura, Director General UNESCO speaking on the importance of water on the 2003 International
Year of Fresh Water. http://www.un.org/waterforlifedecade/food_security.shtml. (Accessed on 9th February
2014). See also the United Nations framework convention on climate change and its kyoto protocol which
was adopted and opened for signatories in 1992 at the Earth Summit. It is a global environmental intiative to
combat the effect of climate change. The convention which came into force in 1994 was ratified Nigeria on
December 10th 2004.
See https://en.wikipedia.org/wiki/United_Nations_Framework_Convention_on_Climate_Change. (Accessed 29th
June 2013). See also the great green wall African regional project to combat desertification; African
Ministerial Conference on the Environment (AMCEN)/United Nations Environment Programme (UNEP)
History of the African Ministerial Conference on the Environment 1985-2005. Eds. Sekou Toure, Peter
Acquah (Nairobi:UNEP, 2006) p. 8
11
The awareness came up with the Koko toxic waste dump by the Italian government in 1988.

11

this regard Omotola12 has identified wastes as a cause. He defines wastes to include
nuclear and radioactive wastes and in discussing these which he identifies as toxic wastes
he was able to establish that their presence in the environment degrades the land, air and
water bodies. Aigbokhaevbo13 particular wrote on e-waste as causes of environmental
degradation in Nigeria and connected the death of over two hundred person in Zamfara
state to the degraded drinking water source of the people which resulted from lead poison
a species of components of e-waste left irresponsibly by miners and which found its
way into underground water. This thesis however included in the class of waste domestic
waste and agricultural wastes and discusses that agricultural wastes and some species of
domestic wastes such as food scraps could be used to improve soil fertility as manure and
waste such as plastics, food cans and bottles could actually act as raw materials to some
industries. In this way they improve rather than degrade the environment. Gem global
Environmental Management Services14 says that wastes such as plastic boards when left
broken on dumps are capable of the degrading the air through the release of hydrogen
sulphide. Melieu Environmental Law and Policy15 identifies sewages as a cause of
degrading water bodies because they are always channelled untreated into water bodies
and they contain hazardous chemical such as Cadium, Zick, Copper, Lead, Nickel,
Mercury and Chromium. World health organization (WHO)16 gave a guideline for the

12

Omotola J. A. ed; Environmental law in Nigeria including compensation Faculty of Law, (Lagos: University of
Lagos Press, 1990) p. 181.
13
Supraat note 5.
14
Gem Global Environmental management services LLC. http://www.gem-ksa.com/products-services/wasteth
types#. (Accessed 29 January 2013).
15

MILIEU Environmental Law & Policy: http://ec.europa.eu/environment/waste/sludge/pdf/part_i_report.pdf. (Accessed on 4th April,

2014).

16

See WHO guideline for drinking water http://en.wikipedia.org/wiki/Drinking_water_quality_standards(Accessed

th
on 13 February 2014).

12

quality of drinking water which specifies the allowable limit of the presence of these
elements in water beyond which the water is degraded and not fit for drink.
On deforestation Aigbokhaevbo17 was able to establish that deforestation is the
cause of desertification, drought and soil erosion leading to the loss of biodiversity. With
the loss of biodiversity, the environment is bereft of its originality.
On pollution as a cause of environmental degradation Atsegbua 18, Omotola19 and
Odiase-Alegimenleh20 are very instructive. Many authors have written on oil spillage21
and gas flaring22 as cause of environmental degradation that requires urgent attention.
Atsegbua23 also identifies four principal gases carbon dioxide, methane, nitrous oxide
and halocarbons ( a group of gases containing fluorine, chlorine and bromine) all bye
product of gas flaring and which he established degrade and deplete the ozone layer.
Terrel Rebecca24 also wrote that gas flaring will cause climate change, global warming
and an eventual degradation of polar ice causing it to melt. Ban ki moon the United

17

Supra at note 4. See also United Nations Food and Agriculture Organization Global Forest Resource Assessment
Report
(Nigeria)
2005
and
Thorne-Miller
and
Catena
24-25;
Terrestrial
Ecosystem:
http://www.airheadsscuba.com/kayesite1/biodiversity.html.
18
Atsegbua L. et al; Environmental Law in Nigeria Theory and Practice (Benin city: Ambik Press, 2012), p 89
19
Supra at note 12.
20
Odiase-Alegimenlan O. A.; Oil & Gas Energy Law Intelligence: Environmental and other issues relating to oil
pollution in Nigeria www.gasandoil.com/ogel/issue: vol. 2-issue 2 2004).
21
Friends of the Earth The Nigerian Environment and the Rule of Law;http://www.eraction.org/. (Accessed
23rdJuly 2014).
22
Gas flaring has been said as the source of chlorofluorocarbon (cfc) into the atmosphere. This gas depletes the
ozone layer. Atsegbua L. et el supra at note 9 p.104. see also Friends of the Earth supra at note 1.
23
Ibid at note 12, p. 272
24
Terrel Rebecca,are the polar ice caps melting? The new America; http://thenewamerica.com/index.php/techst
mainmenu-30/environment/287/-are-the-ice-cap-melting. (Accessed 21 June 2013).

13

Nation Secretary General25 has made so many declarations on pollution as cause of

degradation of water bodies.
The Director General of UNESCO26 identifies construction of dam as water polluting
activity making water bodies degrading faster than tropical forest. In Nigeria Atsegbua 27,
Omotola28 and Aigbokhaevbo29, have written connecting waste to the degradation of
water aquifer.
This thesis has identified over population as the threshold of all environmental
degrading problems. This is because environmental degradation is rooted in the manner
and use to which environmental resources is put by man. This means the more the
population the more trouble environmental resources receive the result is the degradation
of the environment. It has been submitted however that the problem with over population
does not lies with the population becoming dense or denser, it lies with the population
exceeding the resources and the carriage capacity of the environmental resources
necessary to sustain the human activities of the population30. In respect of climate change
as a cause of environmental degradation, Atsegbua has written on it extensively31. No
literature however is found linking the embezzlement and misappropriation of public
fund by the Nigerian government and political class as a cause of the Nigerian
environmental degradation. This thesis fills the gap.
25

Issues of pollution and water canvassed on the declaration of water as a human right by the UN General
Assembly. http://www.un.org/waterforlifedecade/quality.shtml. (Accessed of 9th February 2014).
26
Supra at note 10.
27
Supra at note 18.
28
Supra at note 12
29
Supra at note 4
30
Over population: Environmental and social problems;http://howmany.org/environmental_and_social_ills.php
(Accessed on 22nd June 2014).
31
Supra at note18, p 273. See also IPCC International Panel on Climate Change;
http://www.ipcc.ch/publications_and_data/ar4/wg2/en/ch6s6-5-3.html. (Accessed on 27th June 2014).

14

On literature on the socio-economic implications of environmental degradation on

the Nigeria environment, authors have identified so many socio-economic implications to
include the following: loss of biodiversity32, loss of carbon sink, loss of revenue33,
insurgency,34 oil theft35 and water insecurity36. No meaningful literature is however found
on urbanization as a socio-economic implication of the Nigerian degrading environment.
This thesis creates that connection.
On regulatory mechanism, so much has been written. Prominent among these are
Aigbokhaevbo37 and Omotola38. On the issue of enforcement mechanism, Omaka C. A. is
commendable.39
A cursory look at the literature reviewed reveal that a grey but very important and
foundational cause of environmental degradation is not covered. This is the
misappropriation of the fund meant for Nigerian by the political and ruling class to the
32

http://www.airheadsscuba.com/kayesite1/biodiversity.html.
(Accessed on 1st April 2013). See also United Nations food and agriculture organization global forest
resource assessment report (Nigeria) 2005.
See NOSDRA agency, oil companies experience about 2,054 spills every year - Royal Dutch Shell and its
sustainability trouble Background report to the Erratum of shells annual Report:
http://www.milieudefensie.nl/publicaties/rapporten/shell-background-report (Accessed on 30th January
2013). See also Omotola on quantification of Funiwa and Ughelli oil spill (Supra) at note 3; 122 billion lost
to the Mexico April 2010 oil spill http//www.dailymail.co.uk/news/article-2199064/. (Accessed 29th January,
2013).
See Atsegbua L.; Aigbokhaevbo V. O. Anti-Terrorism Bill: Implications for Environmentalism in Nigeria
UBJPPL Vol. 1 No. 1, 2010):30, 31. See also Odiase-Alegimenlan O. A.; Oil & Gas Energy Law Intelligence:
Environmental and other issues relating to oil pollution in Nigeriawww.gasandoil.com/ogel/issue: vol. 2issue 2 2004). See again Aigbokhaevbo V. O.Shale Oil Revolution: Nigerias Aftershock and Dynamics for
Survival UBJBL Vol. 1 No. 1, 2013, pp. 37 38.
Ibid.
See United Nation and Water Problem: An overview;
http://en.wikipedia.org/wiki/Drinking_water_quality_standards. (Accessed on 13th February 2014).
See Combating Environmental Crime in Nigeria: a Daunting Uncertainty Nails Journal of Environmental Law
Vol 1, 2011. See also Environmental Regulatory Standards: Problems of Enforcement In An Emerging
Nigerian Economy Igbinedion University Law Journal Volume 3,(September 2005): 100.
See supra at note 12, p. 29
See Omaka C. A. Jurisprudence of Polluter Pay Principles and Environmental Criminal Enforcement:
Philosophical Issues in Nigerian Public Laws p.47. This thesis recommends these modalities for Nigeria.

Thorne-Miller and Catena 24-25; Terrestrial Ecosystem:

33

34

35
36

37

38
39

15

awareness of the people who are left to wallow in abject poverty and sees their
environment suffers as a result. Also there is awareness by the people that most
environmental regulatory laws are pregnant with some ideological implications the law
for example tells you dont touch the forest. There is need to protect and preserve the
forest for the benefit of both present and future generations. The same law gives permit to
deserving Nigerian to exploit the forest in the glaring view of the original owner and
leaving them and the environment with nothing to show for it. This thesis create a
connection to the effect that it is the reason for the flagrant and deliberate violation of
environmental laws leading to activities such as illegal logging, oil theft and sabotage
and other deleterious environmental activities which are deadly to the environment and
causing it to degrade of its original value.

16

CHAPTER TWO
CAUSES OF ENVIRONMENTAL DEGRADATION
2.1.

WASTE:
Waste has been defined as any injurious, poisons, toxic or noxious substance and,
in particular, include nuclear wastes entitling any radioactive substance if the waste is in
such quantity, whether with any other consignment of the same, or of different substance,
as to subject any person to the risk of death, fatal injury or incurable impairment or
physical and mental health.40
Wastes generally by its nature appear in three state which are solid, liquid and
gas. Wastes are of different types. Whereas most wastes are harmful to man and the
environment, some other wastes though of negligible character are harmless. Wastes like
refuse from agricultural farmlands, left over foods and all the likes are harmless to the
man and its environment when they are properly disposed of. They however become
harmful when they are disposed in such a way as produce toxic effluent which can result

40

. Omotola J. A. ed; Environmental law in Nigeria including compensation Faculty of Law, (Lagos: University of
Lagos Press, 1990) p. 181.

17

in respiratory track problems. Even human faeces can become non harmful if properly
managed. It can be turn into fertilizers for plants.41
Environmental law however is concerned with harmful wastes and its eradication;
and these include but not limited to the following: domestic wastes, industrial wastes,
waste crude oil and sewages.
2.1.1. DOMESTIC WASTE:

These are waste generated from homes. Like every other

type of waste they could be solid, liquid and gaseous in form. They are not entirely
harmful. They could be useful if well recycled. They could act as manure for agricultural
products and others like waste cans; bottles etc could just be raw material for industries
which produced them. On the other hand, when faeces find its way into sources of
drinkable water it goes to contaminate it. The resultant feature is diseases such as
typhoid, dysentery, diarrhoea, cholera to mention a few, all of which are deadly to man.
However, e- wastes are also found among domestic wastes and these are things likes
waste wall clocks, television, torch lights, refrigerators, generators etc. These types of
wastes are made with complex organic matters which when they get contact with water
pollutes it making it harmful to man. Water has different sources. We have surface water,
underground table water, spring, river etc. Now when these wastes are disposed, they are
just dumped. It could be any site. There, they are allowed to be hit by sun and watered by
rain. This rain washes down these complex organic components of these e-wastes; and
whereas some run through surface waters to the river, other seeps downward to pollute

41

. Ibid.

18

underground water. Whichever way they eventually find their way into sources of
drinkable water constituting hazards to man.42
2.1.2. INDUSTRIAL WASTES:
Industrial wastes are unwanted by products/materials incidental to industrial
production activities such oil industries, medical industries, construction industries,
factories, mills, mines to mention a few. Industrial wastes have existed since the
industrial revolution. The wastes an industry will generate depend on the nature of the
industry and what is manufactured. Thus medical industries such as hospital, health
centres, clinic, laboratory, will generate biomedical or chemical wastes which are
potentially infectious and dangerous to public health if not well handled. Construction
and demolition industries will generate waste insulation materials, nails, electrical wiring
waste, rebar, dredging materials, tree stumps and rubble. Some of these wastes contains
chemical like lead and other hazardous substances which are injurious to public health.
Wastes like plastic board when broken in dump sites are capable of releasing hydrogen
sulphide a toxic gas which is hazardous and injury to public health. Refinery and
petrochemical industries on other hand will generate43 wastes like slop oil, waste fuel oil,
hydrocarbon effluents, oil contaminated waste water, chemical contaminated waste water,
fly ash, waste carbon etc all of which contain hazardous substances injurious to public

42

43

. The Zamfara lead poison story was on the new. Lead used by miners found its way into underground water and
polluted it, mixed with sources of drinkable water of the people. Over two hundred persons were reported
dead as a result and until it was discovered, the epidemic was thought to be cholera. Aigbakhaevbo V.O. NonOil Resources Exploitation in Nigeria: Environmental Malfeasance. International Energy Law Review 2012
Vol. 30 Issues 8, p. 288.

Gem Global Environmental management services LLC. http://www.gem-ksa.com/products -services/wasteth

types#. (Accessed 29 January 2013).

19

health and the environment. On the summary, the wastes generated can be toxic if not
properly managed.
2.1.3. WASTE CRUDE OIL:
This represents crude oil that is lost at sea during transportation either by seepage,
direct or accidental discharge. Crude oil contain heavy hazardous metals such
hydrocarbons and sulphur. These go to interfere with water bodies and contaminants
them rendering sustainability of water quality impossible.
2.1.4. SEWAGES:
These are human faeces and waste waters generated at sea by travellers. These
wastes are channelled directly into the sea untreated. Sewages has been said to contain
hazardous elements such cadium, copper, nickel, lead, zick, mercury and chromium44.
These elements are injurious to man, the environment and public health where they
present in water beyond the allowable limit.45 Their presence in water, do not only
contaminate water aquifer making it unsafe for man and aquatic habitat but also interfere
with water quality. The result is that water bodies are degraded creating the problem of
water insecurity.
2.1.5. WASTES MANAGEMENT IN NIGERIA:
Waste management in Nigeria is perhaps a greater challenge on the environment
than the wastes itself. The only methods of waste management known to Nigeria are by
means of incineration and dumping in waste dump or land fill. Industrial sewages and
44

MILIEU Environmental Law & Policy: http://ec.europa.eu/environment/waste/sludge/pdf/part_i_report.pdf. (Accessed on 4th April,

2014).

45

See WHO guideline for drinking water http://en.wikipedia.org/wiki/Drinking_water_quality_standards(Accessed

on 13thFebruary 2014).

20

effluent are channelled untreated into drains and water bodies. Incineration has adverse
consequences on the environment. Waste management companies in Nigeria do not help
matters. All they do is to take the wastes from the site where they are generated to other
sites46. There in those dump rain is allowed to wash the toxic in them down where they
through percolation get into underground water and contaminate it. This poor and archaic
method of handling waste is a major the challenge on the environment making the
degradation of the environment and endemic problem with grave socio-economic
implications for Nigeria. This is not so in some other countries of the world. In the
United States of America there exist industries whose main thrust is waste management
and these industries have been shown to adopt new technologies on waste management.47
These technologies include the RFID (Radio Frequency Identification) tags, the GPS
(Global Positioning System)48, integrated software package, rear vision camera for
occupational health and safety (OH&S) reasons, video recording devices which are useful
especially with respect to residential waste management services; and the Waste
Management Concept of the 5Rs. The RFID is a wireless non-contact use of radio
frequency electromagnetic fields. It is used to transfer data for the purpose of
automatically identifying and tracking tags attached to objects. The tag contain
electronically store information which may be read from up to several metre away. It can
be attached to a waste assembling automobile to help track its progress through assembly
line. The GPS is a space-based satellite navigator system that provides location and time

46

Although today there exist very myopic and skeletal methods of recycling of plastic and cellophanes.
Scavengers usually go to the waste dump to get this waste and sell to the companies for recycling. In the
process too their health is endangered. A better impact would be created if the companies are compelled to
device a means of retrieving their waste from the consumers and from the streets for recycling purposes.
47
th
http://en.wikipedia.org/wiki/wmgt#Technology. (Accessed 29 January 2013).
48
http://en.wikipedea.org/wiki/GPS. (Accessed 29th January 2013).

21

information in all weather conditions, anywhere on or near the earth where there is an
unobstructed line of sight to other GPS satellites. These

go a long way in the United

States to complement the law and the corollary is that wastes and their effect on
environmental degradation are reduced drastically, a clean and health environment
including is delivered to the people and public health is enhanced.
2.2.

DEFORESTATION:
This is the removal of the soil cover which are basically trees, plants, shrubs,
creepers and grasses. It has been defined also to mean the cutting down of trees for
commercial or agriculture use without replacing them or allowing the natural forest to
regenerate.49 It is submitted that the purpose of cutting down trees extends beyond just
commercial and agriculture to other purposes.50 Deforestation therefore would better be
defined as the permanent removal of the soil cover.
The Forest on the other hand is the soil cover which basically is trees shrubs,
creepers and grasses. It has however been defined also to include forest reserves,
protected forest and communal areas51 and forest derivatives.52 It is submitted that the
definition proffer by the forestry laws of Edo State is all embracing and it is so because
the law contemplates not only the primary forest resources which include trees, shrubs,
creepers and grasses and as habitat for animals and the ecosystem, but also their
management and that of their derivatives which include forest produce such as timbers,

49

st

. Chambers 21 Century Dictionary Revised Edition.

. The need for space, urbanization, residential, economic uses, recreational grounds, etc.
51
. Section 2, Forestry Law of the defunct Bendel State Cap 59, Laws of Bendel State, Vol. 111 1976 applicable to
Edo State.
52
. Section 2 (a) of the forestry law ibid, defined forest to include timber, firewood, charcoal, rubber, gutta percha,
latex, wood oil, gum, resin, natural tanning extracts, tanning barks, fruits, fibres, bark and lac.
50

22

fire wood and charcoal. The forest also is defined as a plant community extending over a
large area and dominated by trees, the crown of which form and unbroken covering layer
or canopy.53 This thesis intends to view deforestation in terms of removal of the forest
and its degrading effect on the environment.
Forest is one very unique gift of nature. It is the natural cover of the soil surface.
It is usefulness and benefits to man and the environment are enormous and its
contribution to public health cannot be over-emphasized. The forest embodied not just
trees, shrubs and grasses but also a very complex ecosystem which is made up of
different species of animals, plants and micro-organisms which complement each other.54
Using California as a setting, Thorne-mill described the complementary nature of species
of an ecosystem as follows:
There are certain species which are known as keystone species. These species have
unusually important roles in their ecosystems. Fluctuation in their population can cause
dramatic effects on the entire system. In kelp ecosystems such as those off the coast of
California there is a complex relationship between three keystone species: the sea otter,
the sea urchin, and the kelp itself. If one of these organisms declines severely in
population, the whole ecosystem is changed. The otters keep the urchin population in
check. Without them, the urchin would devour the whole kelp forest. The kelp provides
homes for many other organisms which would suffer if it was destroyed. Yet, without
sufficient sea urchins, the sea otter population would decline. It is a complex web which
must be balanced properly for the system to thrive.55

Man depends heavily on the forest for its survival and its removal through the
irresponsible, unsustainable and degrading activities of deforestation portends grave
53

. Supra, at note 10.

. For example the honey bee, the butter fly and other agents of pollination and fertilization of plants. The process
enables plants to produce fruits and thereby increasing food productivity. The honey bee and the butter fly
also depend on other species of the ecosystem which are embodied in the forest to survive. A disruption of this
chain by deforestation is very fatal to man survival on the environment.
55
.Thorne-Miller and Catena 24-25; Terrestrial Ecosystem: http://www.airheadsscuba.com/kayesite1/biodiversity.html.
(Accessed on 1st April 2013)
54

23

socio-economic problems for man. Imagine a situation of extinction from the forest of the
honey bee or the butter fly due to deforestation. It means there will be no pollination and
fertilization of plant. This no doubt will produce very grave adverse effect on mans
nutrition if it is believed that it is from the terrestrial ecosystem that man receives the
nourishment which allows him to live on a daily basis. The chain of ecosystem too will
remain unbalance which will go to affect the environment generally. These plants,
animals and micro-organisms which make up the ecosystem have by shown to possess
some defensive mechanism which also are of great benefit to man 56. They act as
medicinal herbs and have been found to contain chemicals used to either repel predators
or aid their elimination.

Another striking importance of the Nigerian forest is in terms of public health and
conservation of the environment is that of bio-sequestration of the atmospheric carbon
dioxide.57 Comparing the stability of the presence of carbon dioxide in the atmosphere to
other greenhouse gases, Professor Atsegbua said that carbon dioxide is the most abundant
and stable greenhouse gas in the atmosphere58.
Bio-sequestration is a process of capturing and storing the atmospheric
greenhouse gas carbon dioxide through biological processes which may be increased by
photosynthesis which takes place in green plants. Plants use carbon dioxide and gives out
oxygen which is useful to man. In this way the greenhouse gas carbon dioxide is capture.
The forest therefore acts as a carbon sink in the process. The problem of the abundance
56

. Thorne-Miller and Catena 24-25; Terrestrial Ecosystem: http://www.airheadsscuba.com/kayesite1/biodiversity.html.

(Accessed on 1st April 2013)

. Carbon dioxide is one of the most abundant and stable greenhouse gas in the atmosphere and this is said to
have increased greatly with the era of the industrial revolution. See Atsegbua L. et al; Environmental Law in
Nigeria Theory and Practice (Benin city: Ambik Press, 2012), p 273
58
Ibid.
57

24

and stability of carbon dioxide in the atmosphere and its socio-economic implications as
described above would be made worse with the destruction of the carbon sink through
deforestation. Deforestation is one of the major factors that enhance greenhouse effect.
This greenhouse effect is natural because it heats up the earth and prevents it from getting
too cold. However, and like is common place, where there is too much of these
greenhouse gases released into the atmosphere and it remained uncontrolled, global
temperature may rise. By acting as a carbon sink, the forest has the potency and capacity
of reducing the amount of carbon dioxide in the atmosphere which is lost by
deforestation.
The forest also acts to preserve the soil by helping to combat desertification and
erosion. This it does by regulating the flow of water whenever there is rain. The forest
also absorbs and store water quickly whenever there is heavy down pour of rain,
preventing it from evaporating quickly when compared to bare land. By this the soil is
constantly moisture making it fit always to support healthy growth of plants and other
habitat.
Strikingly the tropical rain forest houses a host of ecosystems and biodiversity.
The tropical rainforest makes up only about six per cent of the surface area of the earth
yet it contains about eighty to ninety per cent of all the species of the ecosystem in the
world.59 These species of the ecosystem forms part of the aesthetic value of the
environment. They are of both nutritional and medicinal value to man. They complement
and enhance public health and the environment in general. The environment degraded of
them by acts of deforestation and will continue to degrade with increased and
uncontrolled deforestation. The result is grave socio-economic implication for Nigeria
59

. Mcleish. E. Rainforest destruction-what if we do nothing, (Milwaukee: World Almanac Library; 2007) p. 87

25

which include drought, aridity and soil infertility, erosion, habitat will be lost through
destruction of ecosystems, some will be endangered while others will extinct and man
also lose the benefits derived from them. Studies have shown that in each passing day
about fifty to a hundred species of animals are lost to massive deforestation.60 This is in
spite of all the benefits these species hold for man, the environment and the
corresponding socio-economic implications of their absence. One wonders why
deforestation should continue.
Naturally, in mans search for satisfaction in life, and in order for man to realize
his basic needs which include the need for space, agriculture, urbanisation, residential and
economic purposes, there must be cutting down of trees. The problem with deforestation
as a source of environmental degradation does not really lies with satisfying basic needs.
In elementary economics, this is regarded as opportunity cost and the alternative
foregone. The alternative foregone is always equal to the one satisfied. The problem
therefore is with the irresponsible and the unsustainable use of this forest and its
resources. There is problem with the deliberate setting fire in a forest just to cash a
handful of bush animals for meat. A whole forest is gone, habitat lost, extinction of
species, soil aridity and infertility as well as desertification, climate change and host of
other environmental problems will result just for one or two bush meat meant for one
persons or just a family consumption for one or two days. This is environmental assault!
Nothing other than ignorance and poverty could be responsible for malicious acts such as
this. There is problem too with destruction of the forest by emission of hazardous dust.61

60
61

Supra at note 20.

Emission of hazardous dust in Sao Paulo was responsible of the destruction of the trees in the surrounding tropical
forest in 1970 and 1980.

26

Nothing is gained as it is as a result of some persons or company negligence. Problem

also exists when the forest is destroyed as a result of oil spill, oil blow-out and
accompanying fire outbreak62. These are as a result of the negligence or malicious acts of
some persons such as oil theft or sabotage.
The greatest problem with these acts of deforestation however is with the refusal
or negligent with which perpetrators wilfully refuse to engage in restorative acts which
will allow for the regeneration of the forest such as reforestation and afforestation; and
clean-up of oil spill.
2. 3.

Pollution :
This is thewrongful contamination of the atmosphere or of water or of soil to the
material injury or damage to the rights or property of people.63 Omotola says, there is
pollution when materials accumulate where they are not wanted and though the materials
which pollute may sometimes be naturally valuable they constitute danger when out of
place and that when pollution occurs it threatens natural systems, human health and
aesthetic sensibilities, all of which make up quality of life. 64 Pollution is a menace to the
environment, an ancient evil and represents the greatest and most frequently occurring
challenge to mans environment. It is as old as creation itself. It has been said of it that:

http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTSDNET/0,,contentMDK:22949562~menuPK:64
885113~pagePK:7278667~piPK:64911824~theSitePK:5929282,00.html. (Accessed 6th January 2013).
62

Experience has shown that deforestation could result from oil spillage especially where there is an accompanying
fire outbreak such as the one that of October 17, 1998 in part of Jesse town in Delta http://orientnewspaper.com/fuel-fire-disaster-which-way-forward/. (Accessed on19th April, 2014). Such
pipeline fire outbreak and the one of the Gulf of Mexico could consume a whole forest if it happens in the forest.
See http://www.dailymail.co.uk/news/index.html. (Accessed 20th January, 2013).
63
Akanle O; Pollution control regulations in Nigeria oil industry cited in Atsegbua L; Ezekiel; A critical
appraisal of environmental right under the Nigeria constitution. (2004) Vol. 2 No 1 B J. P. L; 45.
p. 47
64
Omotola J. A. ed; Environmental law in Nigeria including compensation Faculty of Law, (Lagos: University of
Lagos Press, 1990) p. 181.

27

ever since creation and ejection of man form the Garden

of Eden he has been exposed to environmental pollution.65
Pollution may occur in various forms. It may be in the air, water, land or in form of noise.
2.3.1. Air Pollution:
Air pollution is defined as the addition of air-borne substance such as dust,
smoke, soot, nitrogen dioxide, chlorofluorocarbons and hydrocarbons, sulphur dioxide in
the air which alters the composition of the atmosphere causing harm to both plants and
animals.66This may occur through bush burning, volcanic eruptions, gas flare form
petroleum operations, emission of hazardous dust and toxic gases from exhaust of
automobile and electricity generators, Jet fuel and gasoline. These act to degrade the
environment and leaving untold socio-economic implication for the environment. For
purposes of this thesis however, only gas flaring as a form of air pollution would be
discussed.
Gas Flaring: This is the release of unused gas in to the atmosphere by burning.
It is a species of air pollution. When crude oil is brought to the surface, gas associated
with the oil comes to the surface as well. The gas may be used at the installations as fuel
for generators; it may be transported via pipelines and sold elsewhere, or maybe injected
into the ground. But in areas of the world such as Nigeria lacking gas infrastructure and
markets, this associated gas is usually released into the atmosphere, ignited (flared or
burned) or un-ignited (vented). Gas flaring will result in the emission of four principal
greenhouse gases released into the atmosphere67: carbon-dioxide, methane, nitrous oxide

65

Ibid
. Idodo U. College Biology Basic Ecological Concepts ( Benin city: Idodo Umeh publishers Ltd, 2004), p.567
67
. Supra at note 18, p.272.
66

28

and the halocarbons (a group of gases containing fluorine, chlorine and bromine). In all
of these gases carbon dioxide is the most abundant in the atmosphere.68
Apart from discomfort caused by these gases to the human person and health
hazards, these gases contain ozone depleting substances. These are dangerous gases
whose presence and concentration in the atmosphere has been attributed to the cause of
atmospheric imbalance leading to climate change. Climate change would result in global
warming, ice melting, flooding, loss of biodiversity and food insecurity. By the release of
these gases into the atmosphere photosynthesis in plants is retarded. Plants need sunlight
to produce their food. The fallout of this is death of plants. It could result in famine in
places very near gas flare sights. Agriculture is the back bone of every economy. This is
because we cannot live without eating food or putting on clothes. Food and clothing are
products of agriculture. Regrettably the Nigerian government has in the hot chase for oil
money lost sight of this.
Thy also pose a drastic degrading effect on the environment, not only of the
quality of the air we breathe but also there is degradation of the ozone layers and of water
bodies. Habitats of so many organisms are also destroyed as a result. Research has shown
that about ninety per cent of the world ice (about seventy per cent of the world fresh
water) is stationed at the Antarctica located in the South Pole.69 The ice here has an
average thickness of 2,133 metres (7000ft). In the north pole is the Arctic Ocean which
also contain ice although not as thick as the South Pole.70 The Greenland located near the
equator is yet another large body of ice. If by the increase in temperature resulting from

68

. Ibid.
Terrel Rebecca,are the polar ice caps melting? The new America; http://thenewamerica.com/index.php/techst
mainmenu-30/environment/287/-are-the-ice-cap-melting. (Accessed 21 June 2013).
70
Ibid.
69

29

climate change all of these ice bodies melted, the water level in the sea would rise. The
result is that coastal areas with low elevation would be under water, sea habitat will also
be destroyed and many species of organisms will be endangered or even extinct resulting
from constant ice melting. The fear that the above position would be made worse if there
is continuance of addition of these greenhouse gases to the atmosphere through gas
flaring and other dangerous human induced interference with the climate system led to
the adoption of the United Nations framework convention for climate change (UNFCCC)
at the Earth Summit in 1992. In the world over Nigeria is rated by OPEC as the second
gas flaring country second to Russia. Nigeria still flares about 24% of total world gas
flare.71 Russia flares 56%. Netherland however flares 0%. The World Bank on the other
hand listed Nigeria is the biggest gas flaring country in the world. NNPC has said that
Nigeria has reduced gas flare from 25% to 11%.72 While this assertion cannot be faulted
Nigerian and the world over are yet to feel the impact of this reduction which also is
reflected in NNPC inability to debunk the World Bank as well as the OPEC rating of its
gas flare capacity. Sadly enough Nigeria now imports gas 73. Flowing from the rating of
World Bank and OPEC, increased gas flare will mean increased interference with the
climate system with a corresponding increased degradation of the environment and
increased global socio-economic problems; and for Nigeria in particular.

71

Chika Amanze-Nwachuku Gas flaring: THISDAY LIVE http://www.thisdaylive.com/articles/24-of-nigeria-sgas-still-being-flared/110729/. (Accessed 30th January 2013).

72

NNPC says gas flare rate has reduced in Nigeria.Channels Television|May 26th, 2014|Current, Local|0
Commentshttp://www.channelstv.com/2014/05/26/nnpc-says-gas-flare-rate-has-reduced-in-nigeria/(Accessed
21stJune 2014).

73

Kano Controller, Department of Petroleum Resources (DPR), Alhaji Sayyadi Suleiman Abubakar has revealed
that Nigerian Marketers now import AGO and Liquefied Petroleum Gas(LPG) from neighboring OPEC member,
Niger Republic.http://www.naij.com/17741.html (Accessed on 29th July 2014).

30

2.3.2. Water Pollution:

This is one of the challenges that operate to reduce the quality of water making it
unfit to support life. Water Pollution occurs mostly when there is oil seeps or spillage, oil
blow out from expired or vandalized oil pipeline; or improper disposal of waste on water.
Water covers about 70% of the earth surface74. It is an extremely unique and inevitable
resource for man and his environment. Water has been emphasized as the only natural
resource that touches all aspects of human civilization from agricultural and industrial
development to cultural and religious values embedded in society.75

Water include fresh water and marine, underground water, lakes, rivers and oceans. It is
the habitat for fishes, seaweed and other creatures which are useful to man both as food and as
drugs.
By water pollution, the aesthetics and the value of the environment is degraded
and lost with grave socio-economic implications for human civilization and the
environment. Water pollution will result from the following but not limited to them.
(a) Disposal of untreated sewages, industrial waste, radioactive waste
and waste waters into drains and sources of living waters.
(b) Leakage of underground storage into sources of underground waters
(c) Oil pollution in water - oil spill, oil shipping, oil pumping and oil spillage.
(d) Dumping of waste into water bodies.

74

. Graph: Global water availability. http://www.un.org/event/water/images/WaterYearGraph.jpg. (Accessed on 9th

February 2014).
75
Kochiro Matsuura, Director General UNESCO speaking on the importance of water on the 2003 International
Year of Fresh Water. http://www.un.org/waterforlifedecade/food_security.shtml. (Accessed on 9th February
2014).

31

These interfere with water bodies making it harmful to both terrestrial and aquatic
lives. The corollary is the environment is degraded with serious environmental
implications for man and general public health. In fact water bodies has been said to be
degrading faster than tropical forest due to governmental interference such construction
of dams and flood control channels76. This makes the current of the water runs much
faster and reaches areas of low elevation much quicker than it would have been if the
river were allowed to follow its natural course. The result is that the ecosystem which
once existed due to the rivers presence is often destroyed. The animal and plant species
which depended on the river for survival are endangered as a result and prone to
extinction. Flooding will also result. Indeed the recent flooding disaster which ravaged
part of Nigeria and some other parts of the world cannot be divorced from overflow of
dams and lack of inadequate channels created for control of flood.
Oil pollution in water is no less problematic. It possesses the capacity to
suffocate fish, trap even the birds of the air77, opaque sunlight thereby interfering with
visibility and photosynthesis in plants. There will be massive death of fishes, birds and
other organisms that depend on the sea for survival. Communities in the area of the spill
are also endangered as their water and food are polluted. The fallout is food and water
insecurity, famine and deadly diseases.
Marine dumping is also dangerous and harmful to life. This interferes with marine
live and thereby resulting in their death. Some of these wastes are non-degradable and act
to reduce the quality of water; and in so far they remain in the water, they pollute it
76

See http://www.usaid.gov/nigeria/water. (Accessed on 8th February 2014).

. Six months after the Gulf of Mexico oil spill, it was reported that more than 8,000 birds, sea turtles, and marine
mammals were dead trapped in the spill and others found injured. See the impact of the gulf oil spill in Mexico
2010. https://sites.google.com/site/ebtbioremediation/gulf-oil-spill-in-mexico-2010. (Accessed on 19th April,
2014).

77

32

constantly. Although some of these wastes will eventually degrade, it takes time and such
period will depend on the nature of the waste. These wastes contain organic matters and
nutrients which can cause increase in aerobic algae. These algae deplete oxygen from the
water leading to the death of fishes and other aquatic organisms to suffocate and die. The
death of these organisms is invariably a loss to man and a minus to public health.
Indiscriminate dumping or littering of waste anywhere on land is also dangerous
to water. This is because they can through running water resulting from rain or spoilt tap
or even wind find their way into water bodies and pollutes them. Other can through
percolation of water interfere with underground waters to pollute water aquifer.
Unsustainable exploitation of water resources by fishermen is no less dangerous to the
environment as it has endangered some species leading to their extinction. Consequently,
the environment is degraded and giving room for untold socio-economic implications.
2.3.3. Land Pollution:
This is human induced harmful practices on the land that reduce the natural
endowment, value and the aesthetics of the environment through the destruction of the
topsoil and subsoil making it unable to support life. Professor Atsegbua defined land
pollution to mean the degradation of land by man through harmful activities like dumping
of harmful waste materials such as chemical input that are dangerous to vegetation and
agricultural production.78 The major causes of land pollution are wastes, harmful
agricultural practices such as the use of inorganic fertilizers, instead of organic fertilizers
composting, use of herbicides and insecticides by farmers, pollutant from construction

78

.Supra at note 18, p. 105

33

companies, petrochemical industries, gasoline, jet fuel and oil spillage. Wastes and their
effect on the environment have been discussed extensively as above.79
Harmful Agricultural Practices:

These include the use of fertilizers, pesticides,

herbicides and insecticides by farmers, over grazing of agricultural farm land which will
result in desertification and soil erosion; deforestation and bush burning, loss of
biodiversity, loss of carbon sick and even in the long run result in climate change. The
term fertilizer is used to describe both organic and inorganic fertilizers. Organic
fertilizers are manure made from agricultural products such composting. Organic
fertilizers are guaranteed to be safe for the environment and are known not to possess
harmful effect on public health. Inorganic fertilizers, herbicides and insecticides on the
other hand are known to contain heavy chemicals such as silver, nickel, selenium, nitrate,
thallium and vanadium which are harmful to the soil, the organisms living in the soil, to
man and general public health.80 Although chemical fertilizers may improve soil and
plants productively, it is only of short term relevancy but possess long term adverse
consequences on the environment. Most farmers who depend on fertilizers of recent
times were supposed to be rural subsistence farmers who were used to the practice of
land tenure system, shifting cultivation which allows for the land to fallow as well as
recycling of agricultural wastes thereby improving the soil fertility and plants
productivity. They are ignorant of the use of chemical fertilizers which requires at least
some measure of training on how it applies. They are also ignorant of which constituent
of the soil is absence for which the fertilizer is needed to enable the farmer apply the right
79

.Pages 1 to 15 of the Thesis.

80

.Nicole Campbell, toxic waste potentials in chemical fertilizers;http://www.livestrong.com/article/119955harmful-effects-fertilizers/ (Accessed on 23rd June 2014).

34

fertilizer and the right quantity. This has led to over concentration of certain soil
constituent in a particular soil which is not needed. The resultant features the degradation
of the soil and productivity and health problems resulting from the consumption of such
foods. It has been said that the concentration of nitrate in the soil will cause blue baby
syndrome, eutrophication which can operate to alter the dynamics of a number of plants,
animals and bacterial population thus bringing about changes in their community
structure81. This no doubt will create a disruption of biodiversity. This use of pesticides
and insecticides is also harmful to the birds of the air that depends on insect for survival.
This will reduce their population and that of other creatures that feed on birds.
Consequently a whole food chain is disrupted. Some species will be endangered as a
result, other will extinct and yet others will be forced to migrate to new habitat. This
again will result in loss of genes. Low quality production of food leading to food
insecurity and health challenges. Pollution of soil water upon which, other organisms of
the soil also depend, will also result. This has led to the death and extinction to so many
species.
OIL SPILLAGE OR BLOW OUT: Oil spillage is the escape of oil (Crude or refined)
out of its ruining tracks onto land or sea. It has been submitted that, 82 blow out could
portend wide spread pollution, as they are sudden in occurrence and could affect a wide
expanse of land; there might even be an accompanying fire, which would result in further
pollution through smoke.83

81

Supra at note 36.

82

83

Odiase-Alegimenlan O. A.; Oil & Gas Energy Law Intelligence: Environmental and other issues
relating to oil pollution in Nigeriawww.gasandoil.com/ogel/issue: vol. 2-issue 2 2004).
Ibid.

35

In Nigeria, since 1980 when the Texaco Funiwa No. 5 oil blow-out occurred, oil spillage
has become a common occurrence. In the United Kingdom and elsewhere in the world
where petroleum is extracted the story is not different.84 The resultant feature is that the
land is degraded leading to the destruction of agricultural farm land, habitat not only of
species of the ecosystem but also of man as well. Many persons were forced to migrate
to other environment that is more supportive of live as they were rendered homeless and
without food. Late Professor Ambrose Alli regretted the situation when he said as a
result of oil spills vast tracks of agricultural land have been laid waste, making them
unproductive and creating great hardship for the inhabitants who become impoverished
and deprived and compelling them to migrate to other towns
and villages in search of decent life.85
[

[In Nigeria oil pollution is attributed to obsolete and lack of updated

infrastructures such as oil pipelines by oil companies, oil theft and sabotage and lack of
monitoring technology to prevent same, involvement of government as stakeholders in
the oil industries which has led almost always to bending law backwards to accommodate
oil spill as well as top government involvement in oil theft business86 which has led to the
inability of government to curb the menace.

2.4.

Over Population:

This is the threshold of all environmental problems in

contemporary times; beginning from greenhouse effect, pollution, deforestation,

depletion of natural resources to starvation and malnutrition. Human population is said to
84

On April 20, 2010 the most divers stating spillage in the world history in recent times occurred in the UK. See Mail
Online BP labelled incompetent over Gulf spill as U.S. Department of Justice threatens British firm with 25
billion fine. http://www.dailymail.co.uk/news/index.html. (Accessed 29th January 2013).
85
Abimbola O. Salu ensuring Environmental Proctection in the Nigerian Oil Industry (1999) MPJFIL. Vol. 3 No. 2.
P.337. cited in Atsegbua L. et al. Supra at note 18, p.101.
86
Victor Ahiuma-Young; Nigeria: Why Government Can't Curb Oil Theft;
http://allafrica.com/stories/201311050307.html. (Accessed 18thApril 2014).

36

be growing like never before and that each day about two hundred and twenty thousand
person is added to the world population87. Over population is definitely the greatest and
the most dangerous environmental problem that exist today. The problem with over
population is not about the population density becoming too dense or denser; it lies with
the population exceeding the resources and the carriage capacity of the environment
necessary to sustain the human activities of this population. For example, rich countries
consume more resources than poor countries of corresponding population. It has been
said of the United States that its population makes up about 5% of the world population
but they consume about 26% of worlds energy.88 It therefore becomes a problem when
consumption rate is faster and heavier than the earth capacity can carry. This can result in
conflicts or wars among nations which will further act to degrade the entire environment.
It has been noticed that the conflict between Pakistan and India is traceable to insufficient
water to support the population of Pakistan.89 This is because Pakistans major source of
water is the glacial waters of the Indus River which takes its source in the Indian
Territory. Overpopulation will impair air quality through emission of hazardous gases
resulting from industrialization, traffic congestion and pollution of the air by the use of
fossil fuel and jet fuel which contain ozone depleting substance. The need for easy
transportation of the increased population has led to construction of roads, tram ways and
airways as well as railways. These have degrading effect on the environment. In Nigeria
the cities are worse off than the rural areas in terms of the effect of over population. This

87

Over population: Environmental and social problems;http://howmany.org/environmental_and_social_ills.php

(Accessed on 22nd June 2014).
88
Supra at note 48.
89
Ibid.

37

is because in the cities the population appeared to have doubled the carriage capacity of
the environmental resources. This is not so with the rural areas. For example in the rural
areas, it is common experience that one family can own more than hundred hectares of
land. In the cities such expanse of land will be scrambled for by over a million persons.
The fallout is that the cities are more degraded than the rural areas making resources
scarcer in cities and abundant in the rural areas. A chunk of the food needed in the cities
is supplied by the produce of food from the rural areas. Overpopulation will result in
environmental degrading activities that can cause food and water insecurity, disruption of
ecosystem, loss of biodiversity; separation of species from its own type leading to loss of
genes, loss of carbon sink and the overall effect of climate change.
2.5.

Climate Change: Climate is the average atmospheric condition of an area over a

long period of time. Elementary geography teaches that by its very nature climate can last
for as long as a period of over thirty years before a change can be felt. This position can
no longer be sustained in the light of contemporary realities. Climate now changes as
frequently as change itself. It is a global problem. Describing the global nature of the
effect of climate change the International Panel on Climate Change has said it possess the
potentials to affect the whole worldwide portfolio of utility by threatening to drive all of
planetary welfare to disastrously low levels in the most extreme scenarios90.

According to Engr. Bawuro Yahaya of the Federal Ministry of Environment

Abuja:91
90

91

. IPCC International Panel on Climate Change;

http://www.ipcc.ch/publications_and_data/ar4/wg2/en/ch6s6-5-3.html. (Acessed on 27th June 2014).
. Special Climate Change Unit (SCCU) National Environmental, Economic & Developmet Study (NEEDS) for
Climate Change in Nigeria Final Draft; Sept. 2010; http://www.vanguard.com/2011/11/climate-watch-cop-17.
th
(Accessed 29 June 2013).

38

Climate change is no longer just an environmental issue but also a developmental

issue due to the resultant disruption of economic activities. It poses a great threat
to the global environment and equally to the long term national and international
development efforts towards creating a healthier more prosperous and sustainable
world.92
Commenting also on the global and dives stating effect of climate change for
which Nigeria is not insulated, The Honourable Federal Minister of Environment in
Nigeria - Hajia Hadiza Mailafia enumerated some of the effect of climate change in
Nigeria to include increasing occurrence of flood, erosion and desert encroachment in an
alarming and unimaginable scales; and the agricultural and health sector are not left out
leading to social unrest and distortions of sustainable livelihood.93 This is as a result of
unregulated urbanization, human unsustainable use of environmental resources such as
deforestation, oil spillage, hydraulic fracturing, crude oil exploitation and refining,
emission of industrial effluents, hazardous dust and gases, emission from automobile
exhausts, use of crude oil and its derivatives, fossil fuel, jet fuel. these have acted to
increase the concentration of greenhouse gases in the atmosphere; and the use of fossil
fuel and its derivatives has been attributed as the major contributor of greenhouse gases
to the atmosphere. These gases which are majorly sulphur, carbon dioxide, methane and
nitrate, contain ozone depleting substances which have the potency of degrading the
ozone layers. This will result in atmospheric imbalance leading to a general rise in
average temperature, global warming, polar ice melting and flooding. The result is that
there is general degradation of the environment leading to the destruction of habitat, loss
92

Supra at note 52
Rotimi Ajaiyi reports that the Honourable Minister of the Federal Republic of Nigeria at the 17 Session of the
Conference of Parties to the Unfccc and 7th section of the conference of parties serving as the meeting of parties
to the Kyoto protocol at Durban in South Africa on the 7 th of December 2012 enumerated these effect of climate
change in Nigeria together with policies that have been put in place to curb the effect in her statement at the
conference. http://www.vanguardngr.com/2011/11/climate-watch-cop-17-nigeria%e2%80%99s-position-onnegotiation/. (Accessed on 29th June 2013).

93

39

of biodiversity, food and water insecurity resulting from flood. Species like the Polar
Beer will extinct. The need to stabilize greenhouse gases and to combat the
unprecedented and complexity of problems associated with climate change created global
concern which has led to the establishment of the United Nation Framework Convention
on Climate Change (UNFCCC)94 in 1992 at the Rio de Janeiro United Nation Conference
on Environmental and Development (UNCED) and its Kyoto protocol of 1997. The
protocol aimed at creating legally binding obligations for developed countries to reduce
their greenhouse gas emission. The quest to have a replacement for fossil energy given
the grave socio economic implications has placed the United States of American in the
forefront of the exploitation of shale oil which incidentally turned out to be of more
dangerous adverse environmental implication than those associated with the use of fossil
fuel rendering its exploitation an unattractive substitute for fossil fuel that Aigbokhaevbo
describe it as an environmental unattractive replacement for fossil energy95.

94

The United Nations framework convention on climate change was adopted and opened for signatories in 1992 at
the Earth Summit. The convention which came into force in 1994 was ratified Nigeria on December 10 th 2004.
As a non-annex 1 country Nigeria has obligation to ensure the reduction of greenhouse gases at domestic level.
See https://en.wikipedia.org/wiki/United_Nations_Framework_Convention_on_Climate_Change. (Accessed
29th June 2013).
95
Aigbokhaevbo V. O.;Shale Oil Revolution: Nigerias Aftershock And Dynamics For Survival UBJBL Vol. 1 No. 1,
2013, p. 36.

40

CHAPTER THREE
SOCIO-ECONOMIC IMPLICATION OF ENVIRONMENTAL DEGRADATION
3.0.

In the previous chapter the causes of environmental degradation were discussed. In this

chapter the environmental implications of the degrading activities shall be discussed to include
loss of biodiversity, loss of carbon sink, food and water insecurity, urbanisation and population
explosion, traffic congestion, overcrowding, social unrest, insurgencies, wars and conflict, soil
aridity, soil erosion, desertification, loss of revenue, effect of climate change (such as polar ice
melting, flooding and global warming) and health hazards. However for the purpose of this thesis
only a few will be discussed to include loss of biodiversity, loss of carbon sink, loss of revenue,
urbanisation, insurgency, oil theft and water insecurity.
3.1.

LOSS OF BIODIVERSITY:

Irresponsible and unsustainable exploitation of forest

resources such deforestation, timber logging, bush burning and over grazing of cattle 96 which
has given rise to erosion of the soil and desertification has led to loss of biodiversity.By loss of
biodiversity it simply means the disruption of an ecosystem leading to the loss of one or more
96

. See United Nations food and agriculture organization global forest resource assessment report (Nigeria) 2005.

41

species of and ecosystem. Such a loss may cause a chain of reaction which may result to a
change to the ecosystem itself. Every organism has its own function or importance in the
environment and once it is gone it may be difficult to be replaced by any other organism. The
effect of loss of biodiversity on the environment has been illustrated with a species called
keystone in California and it is submitted that they survive in a very complex relationship which
complement each other that a decline in the population of one affects the whole ecosystem 97. The
result is that the environment is degraded of their values some of which are yet to be
researched.The effect of loss of bio diversity on man and the environment cannot be
overemphasized. Imagine a situation of extinction from the forest of the honey bee or the butter
fly due to deforestation. It means there will be no pollination and fertilization of plant. This no
doubt will produce very grave adverse effect on mans nutrition. This is because most of the food
that man depend on for nourishment are made possible as a result of pollination and fertilization
which without species like the butterfly would be made impossible. The chain of ecosystem too
will remain unbalance which will go to affect the environment generally.
3.2.

LOSS OF CARBON SINK:

Bio sequestration is the process of capturing and

storing the atmospheric greenhouse gas carbon dioxide by biological processes which may be by
increased photosynthesis. Carbon dioxide is the most abundant and stable greenhouse gas in the
atmosphere.98 Plants use carbon dioxide and give out oxygen which is useful to man during the
process of photosynthesis. In this way the green house carbon dioxide gas is captured. Therefore
by deforestation, photosynthesis is reduced and retarded thereby increasing the greenhouse gas
carbon dioxide in the atmosphere. The overall effect of this on the environment is that the ozone

97

. Thorne-Miller and Catena 24-25; Terrestrial Ecosystem: http://www.airheadsscuba.com/kayesite1/biodiversity.html.

(Accessed on 1st April 2013)

98

th

. http://www.bing.com/search?q=google+bio sequestration of=at. (Accessed on 29 January 2013).

42

layer is affected leading to climate change, global warming average surface or lower
atmospheric temperature is elevated above what it would have been but for the presence of this
gas - this again may result in increased rain fall or sunshine. Increased rainfall or sunshine also
impact negatively on plants, man and public health.
3.3.

LOSS OF REVENUE:

There is no gainsaying that environmental degradation

meant loss of revenue for government, communities and individuals as well as to the society in
general. The environment in its natural state has economic value. The loss of this original value
to degradation therefore represents loss of revenue to whosoever is accredited with such original
values99. Crude oil or refined petroleum product lost to oil spillage, oil theft and sabotage leading
to loss of agricultural farmlands as a result of which vast tracks of agricultural land have been
laid waste thus becoming unproductive as well as aquatic lives; flood ravaging and destroying
properties, agricultural farmlands; deforestation leading to loss of vegetation, wildlife and
endangered species of the ecosystem and desertification all represent loss of revenue to the
governments, communities and individuals as well as to the society in general in the sense that
something of economic value is lost. Since the discovery of oil in Nigeria, government revenue
has greatly increased and budget has continued to rise from millions to trillions. A spill will
therefore no doubt affect budget.100

This no doubt represents huge financial loss to the

stakeholders, the government and the nation in general. Omotola J. A. quantified the monetary

99

Under both Section 44(3) of the 1999 Constitution and Section 1(1) of the Petroleum Act cited in Atsegbua L., Oil
and Gas Law in Nigeria: Theory and Practice (Benin, Lagos: New Era Publication, 2004) p. 4, the ownership of all
minerals found anywhere in Nigeriais vested in the federal government.
100
According to NOSDRA agency, oil companies experience about 2,054 spills every year - Royal Dutch Shell and its
sustainability
trouble
Background
report
to
the
Erratum
of
shells
annual
Report:http://www.milieudefensie.nl/publicaties/rapporten/shell-background-report accessed on 30th
January 2013.

43

loss of the Funiwa oil blow out and Ugheill spill all in the Niger Delta area of Nigeria.101 The
monetary loss resulting from the Mexico spill was also monitored102. There is agreement to pay
compensation without litigation. The problem however is what compensation will be
sufficient.103
Gas flare also represents loss of revenue to the governments and individuals. According
to the Nigerian National Petroleum Corporation (NNPC) bulletin report, Nigeria loss $99 billion
to gas flaring in the six months. Part of that report is hereby reproduced:104
In the world all over wherever gas is flared the story is not different. 105 Gas flaring too
could result to loss of revenue resulting from plane crash. According to Idodo-Umeh,106 release
of these gases into the atmosphere impairs visibility and the amount of sunlight reaching the
earth surface. This could result in plane crash. Revenue is also lost to government and individual
in tackling health problems resulting from environmental hazards.

In order to avert these

adverse consequences arising from the use of crude oil and its derivatives there is a concerted
global concern to adopt cleaner energy. This led to the discovery of oil shale and although
101

Nigeria lost N1,395,817.76 and N13.5 million to the Funiwa oil blow out of 1980 and the Ughelli spill of 1984
respectively, See Omotola J. A. ed; Environmental law in Nigeria including compensation Faculty of Law, (Lagos:
University of Lagos Press, 1990) p. 181.
102
122 billion lost to the Mexico April 2010 oil spill and there is a threatened law suit of 25 billion by the United
Stated government against the Britain biggest oil company - BP mail Online BP labelled incompetent over Gulf
oil spill as U. S. Department of Justice threatens British firm with $25 billion fine
http//www.dailymail.co.uk/news/article-2199064/BP-labelled-incompetent-Gulf-oil-spil-U-S-departmentjustice-threathens..html. (Accessed 29 January, 2013). See also See Atsegbua L. et al; Environmental Law in
Nigeria Theory and Practice (Benin city: Ambik Press, 2012), p.119.
103
Ibid.
104
Paulo de sa, Sector Manage, Oil, Gas And Mining Unit, The Word Bank:
http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTSDNET/0,,contentMDK:22949562~menuPK:6488511
th
3~pagePK:7278667~piPK:64911824~theSitePK:5929282,00.html. (Accessed 29 January 2013).
105
. According to World Bank report, Azerbaijan has cut flaring by 50% in two years, Mexico by 66%; and Kuwait flares only 1%.
Other countries including Qatar and the democratic Republic of Congo now use large volume of previously wasted gas to
generate electricity. United States ranks 5th gas flares in the world and has between 2010 and 2011 increased this amount by

. World Bank urges nations to end wasteful gas

flaring: http://www.guardian.co.uk/environemnt/gas. (Accessed 29th January 2013).
106
. Idodo U. College Biology Basic Ecological Concepts ( Benin City: Idodo Umeh publishers Ltd, 2004) p 496.
.
50% which represents an annual loss of $50 billion to the World Bank

44

discovered to be of graver environmental implication to make it a better replacement for crude

oil, its discovery has portend serious threat to the Nigerian economy. This is because the United
States of America who is the major importer of Nigeria crude oil is in the forefront of the
exploitation of the oil shale. The implication on government revenue is that with the discovery
and exploitation of oil shale by America as a substitute for crude oil there would be no incentives
for Nigerians crude oil importation by America. Nigeria is a mono economy dependent on crude
oil revenue. The reduction of its exportation of crude oil by the America decline in importation
of Nigeria crude oil as a result of the shale oil represents loss of revenue which will greatly affect
budget and the economy in general. Hence it has been noted that Nigerian economic lifeline is
hinged on earnings from crude oil

107

and budget allocation is usually premised on anticipated

earnings from crude oil108. Flooding too cannot be divorced from some of the environmental
challenges depleting public revenue. In Nigeria as well as in other countries affected by the
recent flood, governments lost so much revenue to the flood. It was an occurrence unplanned for.
That is to say government diverted fund meant for other purposes to tackling the flood. In
Nigeria the agricultural sector is not unaffected.109 The sudden hike in the prices of agricultural
products is evident. The China government is not left out.110 Engineers have in reaction to the
implications of this flood embarked on the construction of reservoir capable of storing unlimited
waters and releasing into the sea when the sea waters recede. 111 Apart from loss of revenue that

107

Aigbokhaevbo V. O.;Shale Oil Revolution: Nigerias Aftershock And Dynamics For Survival UBJBL Vol. 1 No. 1,
2013,p. 33.
108
Ibid.
109

Nigeria lost 1.2million metric tonnes worth of crop to the recent flood, Articles _

THISDAY
LIVEhttp://www.thisdaylive.com/articles/nigeria-records-1-2m-mt-of-production-loss-tofloods/131145/. (Accessed 31st January 2013).

China government lost 10 billion Yuan ($1.5billion) to the flood. Terra daily News about Planent Earth.
th
www.terradaily.report.eath.toll from Beijing. (Accessed 30 January 2013).

110

111

Aon Corporation - Investor Information - News Release

st

http://ir.aon.com/phoenix.zhtml?c=105697&p=irol-newsArticle&id=1723302. (Accessed 31 January 2013).

45

is implicit in the environmental degradation itself, revenue is loss to restorative activities which
resulted from the degraded environment. These include money lost to relief materials for flood
displaced victims, relief material to victim of oil spillage as well as money spent to redeem the
environment. In order to protect and prevent the encroaching desert which resulted from acute
deforestation and overgrazing of the Sahara and Sahel Savannah,Nigeria during the Olusegun
Obasanjo presidential regime was in the fore front of the Great Green Wall African regional
project to combat desertification. The money involves in this project represent loss for the
Nigerian government and other African government involved in the project which would have
been saved but for the degradation of the environment. In order to fight the effect of climate
change Nigeria has join in the global effort to combating climate change112. This also is minus to
government revenue propelled towards restoring the environment.
3.4.

URBANISATION: This is physical growth of urban areas resulting from rural-urban

drift. It is a social implication of environmental degradation. This growth which is prompted by

search of people for decent environment and quality life, jobs and greener pasture is not also
without economic implications. In Nigeria before the era of crude oil discovery, the economy is
dependent on agriculture. Most agricultural activities take place in the rural area and most
students of Nigerian higher educational institutions read agriculture. In this era, there was no
incentive for rural-urban drift. There was also no unemployment because everything a child
learnt from the parents is able to provide for the childs needs as he or she grows up. No much
skill is needed to produce mans basic needs from agriculture. However, with the discovery of oil
112

.The United Nations framework convention on climate change was adopted and opened for signatories in 1992 at
the Earth Summit. The convention which came into force in 1994 was ratified Nigeria on December 10 th 2004.
As a non-annex 1 country Nigeria has obligation to ensure the reduction of greenhouse gases at domestic level.
See https://en.wikipedia.org/wiki/United_Nations_Framework_Convention_on_Climate_Change. (Accessed
29th June 2013).

46

in Nigeria this position has drastically changed. Government now has more money to spend in
development of cities and leaving the rural areas impoverished. This created the incentives for a
drift to these areas making it densely populated.

Again almost all petroleum exploration

activities are drifted and concentrated in Southern Nigeria an area popularly known as the
Niger-Delta. This is so because, of the whole country, this area is highly favoured with high
density of the concentration of crude oil reserves. One would have thought that there would be a
corresponding population density and improved infrastructures in this area. However the
contrary is the case. There existed instead government encouragement of ecological systems
degradation; and environmental concerns were traded for political interest to the detriment of the
people. According to Aigbokheavho:
In the Southern part of Nigeria especially in the Niger Delta region, rapid
decline in the ecological system has been encouraged by government
economic developmental policies. Successive governments have been
consumed with politics and purported economic growth. It is irrelevant
that developmental projects may be unbeneficial to the people and have
deleterious effect on the environment. The need to score cheap political
points often overrides what is in the collective interest of the populace113.
The people here are majorly fishermen and subsistence farmers as they have limited area
of lands. As a result of oil spillage rendering their farmlands and rivers nugatory, and leaving
them without jobs, the need arose for a change of environment to a decent one that sustains life.
This has led to a drift of the already sparse populated rural area to the already densely populated
cities. By extension the population of urban areas is now more than tripled, prices of
commodities have correspondingly increased. There is also rise in the prices of houses both for
accommodation and commercial purposes. Noise pollution, overcrowding, traffic congestion are
common relics of urbanisation. This also has affected the quality of air and sound in the cities.
113

.Aigbokhaevbo V. O. Environmental Regulatory Standards: Problems of Enforcement In An Emerging Nigerian

Economy Igbinedion University Law Journal Volume 3,(September 2005): 100.

47

The thick forests nears the cities have now all been urbanised living the rural areas worst off than
they were at the beginning of event. The bell of the cities now is that of unemployment. This is
not unconnected with the implications of pollution resulting from oil spillage which has bereft
these people of livelihood and subjecting them to live in conditions unworthy of human beings.
Aigbokhaevbo V. O. appraises this situation when she commented on environmentalism in the
Niger Delta thus:
Organised environmentalism commenced in Nigeria in 1964 when
the Niger Delta volunteer service organized an insurgency against
unsustainable exploitation of crude oil in the Niger Delta region which
has impoverished the region and condemned the people to wallow in abject
poverty.114
Lamenting the evil of oil spillage on the people of the Niger Delta, Late Professor
Ambrose Alli unavoidably pointed out that the hardship experienced by the people as a result of
oil spillage is a reason for urbanisation.He said:
As a result of oil loses, vast tracks of agricultural land have been laid
waste, thus becoming unproductive, surface water and river courses are
invariably contaminated and polluted, rendering the water undrinkable,
and the aquatic life is destroyed. The result is great hardship for the
inhabitants who become impoverished and deprived. These unfortunate
citizens are therefore compelled to migrate to other towns and villages
in search of decent life.115
Another striking socio-economic implication of urbanisation is population explosion
making the environment and its resources quake at the sight of the population. The resultant
feature is shortage of food, and water and other amenities to cater for the population. Conflicts
also are bound to result from the struggle of the many for environmental scares resources. One of
the reasons attributed to the conflict between Indian and Pakistan is lack of sufficient and

114

115

Atsegbua L.; Aigbokhaevbo V. O. Anti-Terrorism Bill: Implications for Environmentalism in Nigeria UBJPPL
Vol. 1 No. 1,(2010):30
Abimbola O. Salu Securing Environmental Proctectio in the Nigerian Oil Industry (1999) MPJFIL. Vol. 3 No. 2.
P.337. cited in Atsegbua L. et al. Supra at note 7, p.101.

48

qualitative water to cater for the population of Pakistan as the country only source of water is
rooted in Indian116. Its relics include increase in prices of food and houses, unemployment and
democratically many are not carried along or represented in elections.
A further social relic of urbanisation is that the population is not properly represented
democratically and their voices are not held. According to Aristotle about 2500 years ago taking
on democracy and optimum population size considered the best size of a city and concluded that:
A large increase in population would bring certain poverty on the
citizenry and poverty is the cause of sedition and evil a city of over
100,000 would exclude most citizens from a voice in government.117
This position was in the mind of the founders and draftsmen of the United States
constitution and it was well reflected118 and it meant that every citizen most and should have a
voice in the affairs of the country. With population explosion however resulting from
urbanisation, this honest intendment of the constitution can no longer be sustained. Even in the
United States now it is doubted whether every American has representation and therefore a voice
in the affairs of the country. An article on overpopulation referring to the United States House of
Representatives as the Peoples House, revealed the representation status of the House as
provided by the constitution then and the reality of today thus:119
that a representative of the House should represent a minimum of 30,000
people. When the constitution was written, the United States had a population
of about 2.5 million and the constitution allocated 65 representatives to the 13 states. So
each representative of the Peoples House had about 38,500 constituents. Currently each
representative has 712,650 constituents. Its really a form of irony today to call it the
peoples house when only wealthy donors and paid lobbyists really have the ear of the

116

Over population: Environmental and social problems;http://howmany.org/environmental_and_social_ills.php

(Accessed on 22nd June 2014). .
117
Cited in Over population: Environmental and social
problems;http://howmany.org/environmental_and_social_ills.php (Accessed on 22nd June 2014).
118
Article 1 Section 2 of the United States of America Constitution on the House representation;
http://www.law.cornell.edu/constitution/articlei. (Accessed 3rd July 2014).
119

Supra at note 23.

49

representatives what we have now is not democracy in the sense intended by the
countrys founders120.
In Nigeria the story is not different citizens do not even know the names of their
representatives in the house whether at state or national level not to talk about airing their voices
through their representatives. This also goes to affect in a way the income of the people. The
wealth of Nigeria today is in the hands of a very few who supposed to be the representatives of
the people. Corruption is the order of the day. There is victimization of people who dare to
question the integrity of such representative. Jobs in Nigeria are now gotten on the basis of who
know man. It is indeed a very sad and pathetic socio-economic implication brought about by
environmental degradation.
3.5.

INSURGENCY:This is an armed resistance against a constituted authority

usually government of a country by a group or groups who are not recognised as

combatant, in the country and in most cases it is done to air their dissatisfaction with the
ruling government.

it has also been defined as an uprising or rebellion121. The neglect

and the antagonism of the environment and people of the Niger Delta from where the
Nigerian wealth of crude oil is rooted in spite of the plight they have been subject to by
the deleterious and unsustainable way in which the crude oil is exploited led to
insurgency popularly referred to as militant under the cover of environmentalism. These
movements which grew into outright terrorism, kidnappings and destructionof oil
facilities and which in fact become the bane of the oil operators and renderinggovernment

120

Ibid.
st
.Chambers 21 Century Dictionary Revised Edition.

121

50

impotent in stopping them shook the economic foundation of the Nigerian economy
leading to the ultimate grant of amnesty to trade off ammunitions122.
While it is conceded that this insurgency has been queered by the grant of
amnesty, it is doubted whether the insurgency has not metamorphosed into a subtle but
more deadly approach by militant of show casing their grievance. Perceiving this it has
been submitted that:
Although the amnesty programme instituted by the federal government which
include vocational training and cash payment to militants in exchange for
submitting their arms and ammunitions to designated government officials and
renouncing insurgency has led to relative calm in the Niger Delta, pipeline
vandalisation, oil bunkeing and the operation of illegal refineries in the
Niger Delta has replaced militancy123.
3.6.

OIL THEFT AND SABOTAGE:

This is the vandalism of oil pipeline for the purpose of stealing the oil. Its success
has led to creation of illegal refineries and the sale of substandard petroleum product
in Nigeria. Crude oil theft is traceable to the flagrant neglect and disregards by
government for the plight of people and oil host communities resulting from the
unsustainable exploration and exploitation of crude oil as well as the involvement of
top government officials, military officers and businessmen; politicians with their local
and foreign collaborators in oil theft124.

It is further provoked by the sight of

degrading environment resulting from the malicious oil exploitative activities and the
flagrant neglect of the environment rendering the environment unable to support
122

. Atsegbua L.; Aigbokhaevbo V. O. Anti-Terrorism Bill: Implications for Environmentalism in Nigeria UBJPPL Vol.
1 No. 1, 2010):30, 31. See also Odiase-Alegimenlan O. A.; Oil & Gas Energy Law Intelligence: Environmental
and other issues relating to oil pollution in Nigeriawww.gasandoil.com/ogel/issue: vol. 2-issue 2 2004)..
123
Aigbokhaevbo V. O.Shale Oil Revolution: Nigerias Aftershock And Dynamics For Survival UBJBL Vol. 1 No. 1,
2013, pp. 37 38.
124
Victor Ahiuma-Young; Nigeria: Why Government Can't Curb Oil Theft NLC
http://allafrica.com/stories/201311050307.html. (Accessed 18th April 2014).

51

healthy live on the one hand and awareness of the people of the Niger Delta of the
corrupt and reckless way in which the money accruing from this area is spent and
lavished by the Nigerian government in complete disregard for the welfare of the
people and their environment from where this revenue is sourced125 on another hand.
Analysing Nigerian budgets with a view to revealing the corrupt manner in which the
crude oil revenue is spent, Akpo Mudiaga Odje noted that126 under the 2006 budget the
feeding allowance of a member of the Nigerian House of Representative per day is one
hundred and forty four thousand naira (N144,000.00) and for the 360 members of the
House, Nigerians pay eighteen billion, nine hundred and twenty one million, six
hundred thousand Nigerian naira (N18,921,6000,000.00) in a year for just feeding
with N9.6 billion naira for local and foreign travels. In 2012, N2b was budgeted for
security just within the precincts of the national assembly alone. Outside this N300m
was spent per hour including weekends on security. Between the years 2010 and
2014, about 3 trillion naira has been spent on security127. He mentioned that the yearly
allowance and salary of a Nigeria senator stands at two hundred and forty million naira
(N240,000,000.00). This is the highest anywhere in the world. The peak is that the
office of the vice president is entitled to N450m to read an average of 54 newspapers
per day. The Nigerian worker minimum wage still remain N18,000.00 per month and
many Nigerians especially in the Niger delta are groping for food, shelter and
qualitative water for drink. They have been bereft of these values as a result of the
125

. United Nations Environmental Programme (UNEP) Environmental assessment of Ogoni land 2011 estimates
that 80 percent of Nigerias budget revenue and 95 percent of its foreign exchange earnings are derived from
crude oil exploitation. Cited in Aigbokhaevbo V. O. supra at note 74.
126
. The challenge and practice of presidential system in Nigeria National assembly, a paper presented as a
th
discussant at the law week of the Nigerian bar association (Warri branch) held on June 12 2014.
127
th
. See Femi Falana (SAN) President to Probe Three Trillion Naira of Security Punch Newspaper of 25 May 2014
p.12.

52

destruction of their environment. This is tantamount to depriving the people of their

right to life128. It is submitted that except this selfish attitude of the Nigerian political
class is changed, oil crimes which encompasses oil theft, bunkering and sabotage has
come to stay and other forms of insurgencies such as the Boko Haram now terrorizing
the northern part of this country are yet to spring up in every nook and cranny of
Nigeria. This will not only have implications for the environment but also for the
revenue and Nigerian economy in general. This view was confirmed when the United
States Secretary of State for Civilian, Security, Democracy and Human Right, Sarah
Sewall noted that corruption is hindering Nigerias efforts at ending insurgency in the
North East andadded that the military must overcome entrenched corruption and
incompetence for it to rescue the over 200 schoolgirls abducted by boko haram on
April 14129.

3.7.

WATER INSECURITY:
This is a situation of non-availability of water in good quantity and quality. In
other to properly appreciate the concept of water insecurity it will be appropriate to
talk a look at what will amount to water security. Water security implies the
sustainability of the use and protection of water systems and the protection of it
against related challenges. It also involves sustainable development of water resources
and the safeguarding of water functions and services for human and the environment.
In the light of this conviction, the United Nations General Assembly giving and

128

129

In the India case of Shanti Star Builders v Naryan Khimalal Tolame & Ors, (1990) 1 S.C 106 Appeal No.2398 of
1989., the Supreme Court noted that the right to life has within its ambit the right to food, clothing and to
decent environment.
rd
See Punch newspaper of 23 may 2014,p. 2

53

overview130 of the problems facing water at the International Year of Fresh Water,
recognized the right of every human being in line with the World Health Organization
guideline for quality of drinking water to have access to sufficient131 water for
personal and domestic uses which must be safe;132 acceptable,133affordable,134 and
physically accessible.135. Water insecurity therefore is the direct opposite of water
security. It implies a situation of non-availability of water in sufficient quantity and
quality which must be safe, acceptable, affordable and physically accessible. The
United Nations however, did not discuss any modalities of accessing household
income in terms of affordability of clean water since water now is an economic
good136. This is a major setback on global initiative to address water problem on the
part of the United Nations General Assembly. This setback is in itself a challenge to
130

United Nation and Water Problem: An overview;

http://en.wikipedia.org/wiki/Drinking_water_quality_standards. (Accessed on 13th February 2014).
131
By this it is meant that the supply of water for each person must be sufficient and continuous for personal
and domestic uses which include drinking, personal sanitation, washing of clothes, food preparation,
personal and household hygiene. According to the world health organisation, between 50 and 100 litres of
water per person per day are need to ensure that most basic needs are met and few health concerns arise.
http://www.un.org/waterforlifedecade/human_right_to_water.shtml. (Accessed of 9th February 2014).
132
By this, it is meant that the water must be free from micro-organisms, chemical substances and radiological
hazards that constitute a threat to a persons health.Measures of drinking-water safety are usually defined by
national and/or local standards for drinking-water quality. The WHO guidelines for drinking-water quality
provide a basis for the development of national standards that, if properly implemented, will ensure the safety
of drinking-water. The standard Organization of Nigeria (SON) has adopted these guidelines and has set
parameters and maximum allowable limits of chemicals in drinking water.
http://en.wikipedia.org/wiki/Drinking_water_quality_standards Accessed on 13th February 2014. These
standards are reproduced and annexed to the appendices of this paper.
133
By this it is meant that water should be of an acceptable colour, odour and taste for each personal or
domestic use. http://www.un.org/waterforlifedecade/human_right_to_water.shtml. Accessed on 9th
February 2014.
134
The United Nations development programme (UNDP) suggests that water cost should not exceed 3 per cent
of household income. Ibid.
135
Everyone has the right to a water and sanitation service that is physically accessible within, or in the immediate
vicinity of the household, educational institution, workplace or health institution. According to WHO, the
water source has to within 1000 metres of the home and collection time should not exceed 30 minutes. Supra at
note 115.
136
Under Principle No. 4 of the Dublin statement on water and sustainable development adopted January 31, 1992 in
Dublin, Ireland at the International Conference on Water and the Environment, it was stated that water has an
economic value in all it competing uses and should be recognized as an economic good.http://www.undocuments.net/h2o-dub.htm/ Accessed on 9thFebruary 2014.

54

water security which added to other challenges impacting on water resources such as
wastes, oil spillage, disposing of industrial waste and untreated sewages into drains,
use of inorganic and chemical fertilizers which always end up in water bodies,
drought, climate change, over population, pollution and ice melting has given birth to
water insecurity. Water insecurity is not only harmful to man and public health in
general is also deleterious to ecosystems upon which man depends for survival on
daily basis.
Although a global problem initiating global concerns, the problem of water insecurity is
particularly complex in Nigeria especially in the Niger Delta region 137, the eastern138 and
northern part139 of Nigeria. This comes to identify with the endemic degradation of water
resources in this area resulting especially from harmful agricultural practices in the north and
east, and oil explorative activities in the Niger Delta. Nigeria however has no practical and
concerted effort in place to protect and safeguard its water systems. In the United States
however there are efforts to reduce environmental activities that impact negatively on water
systems such as reduction in the generation of wastes through biological processes and
energy recovery from solid waste140. There are also practical efforts to combat the effect of
climate change on water141. While it is suggested that Nigeria can take a cue from this

137

. In the Niger Delta using rivers state as a reference point, it has been reported that the approximately 5.2
million people of the state face significant water supply challenges that are most acute in the capital city of
Port Harcourt. http://usaid-suwasa.org/index.php/projects-and-activities/nigeria/item/268-regulatory-waterth
sector-reforms-in-Rivers-State. (Accessed on 8 February, 2014)
138
. In the Eastern part of Nigeria women and children still trek distances of almost 3 kilometres about six times
daily in search of water which sources are even doubted.
https://sites.google.com/site/ewbuiucenugustatewaterproject. Accessed on 8th February 2014
139
. In the Northern part of Nigeria it is reported that only 30 percent of the population has access to safe drinking
water and adequate sanitation. http://www.usaid.gov/nigeria/water. (Accessed on 8th February 2014).
140

. US EPA Clean andRenewable Energy Initiativeshttp://epa.gov/statelocalclimate/resources/strategy-

guides.html#renewable. Accessed on 5th July 2014

141
. Ibid.

55

position and get the very best out of waste and by extension reduce their effect on its water
systems, Nigeria need to cultivate a culture through creation of awareness of sustainability in
her use of environmental resources.

CHAPTER FOUR
AN ANALYSIS OF ENVIRONMENTAL REGULATORY LAWS
4.0.

In the preceding chapters this thesis gave an in-depth discussion of environmental

degradation and its socio-economic implications. In other to avert these adverse socio-economic
implications and to preserve the environment for both the present and future generations,
government undertook to enact legislations142. Inherent in some of these legislations are
environmental degradation abatement measures. The judiciary has also made pronouncement on
some of these legislations in favour of the preservation of the environment. In spite of all these
efforts the degradation of the Nigerian environment has not abated with its socio-economic
consequences of declining revenue from oil, threat to food and water security by oil pollution of
farmlands and water bodies, population explosion, insurgencies, loss of carbon sink, extinction
of wildlife, flora and fauna, medicinal herbs and health related challenges like cancer, asthma,
child birth complications, low birth weight of children, cyanosis and asphyxia (blue-baby

142

Aibgokhaevbo V. O., writing in the year 2005 noted that Nigeria has enacted approximately thirty five federal
statutes dealing with environmental protection and has ratified more than fifteen international environmental
agreements. See supra at note 99. Some of these legislations are listed in the abstract to this thesis;
Combating Environmental Crime in Nigeria: a Daunting Uncertainty Nails Journal of Environmental Law Vol 1,
2011.

56

syndrome) in infants under three months, hypertension, gastro intestinal disorder, fluorosis,
bones and teeth morbidity, neurological disorder and infertility.
In this chapter the thesis intends to take a look at the challenges of regulatory
mechanisms with a view to establishing that corruption of the Nigerian government and
regulatory agency officials, government involvement in the oil industry as a stakeholder, inherent
governmental calculated loopholes in legislations, poor infra structural development, antagonism
of host communities and improper appreciation of the Nigerian factor in making environmental
regulations are principally responsible for poor regulatory mechanism in Nigeria and that
obsolete and poorly enforced regulations, poverty and ignorance of the consequences of
environmental degrading activities and conflicting roles of environmental agencies are
principally responsible for the impunity with which environmental degrading activities continue
to thrive in Nigeria.
4.1.

HARMFUL WASTE (SPECIAL CRIMINAL PROVISIONS) ACT 2004143: This

Actprohibits the dumping of harmful waste on any land and territorial waters, contiguous zone or
exclusive economic zone or inland waters of Nigeria144. It also criminalized any commercial
dealings on harmful wastes145. Violation attracts life imprisonment146. The violator is also liable
to civil damages. Life imprisonment as a penalty for offenders is more than adequate. However
people have continued to trade openly on these harmful wastes (e.g. e-wastes) with impunity in
the face of this stringent penalty of life imprisonment. Tin can Island in Lagos is a dump site for
e-waste (a species of trans-boundary hazardous waste). This is attributed to the many escape
routes inherent in this legislation. According to Omotola, this legislation seems to exclude the

143

Cap HI Laws of the Federation on Nigeria 2004

Section 1 (2)(a) of the Act.
145
Section 1 (2)(b)(c) and (d) of the Act
146
Section 6 of the Act.
144

57

exporters of these harmful wastes147 although it makes it impossible for their transit through the
Nigerian territorial waters. Another outlet of this law is that, the law did not prescribe with
precision at what point the harmful waste can be identified whether when in transit or when it
has arrived in Nigeria or when it has started causing havoc to public health.
The Custom and Excise official are incapable of recognising what constitute harmful
waste due to lack of technology and technical knowhow. There is also the problem of prove
beyond reasonable doubt that the recovered waste is the prohibited waste for the purpose of
securing a conviction. It is trite law that when a suspect is charge for drug related offences; a
forensic examination showing that the recovered item is the prohibited item must be obtained
before a conviction can be secured.This position is also applicable to harmful waste because the
emphasis of the law is on the poisonous substance and not the waste per se. In Nigeria the state
of forensic medicine is very low and cannot be relied upon148. Transporting the waste to where a
forensic examination can be conducted will constitute a further threat to the environment. In
Ghana although the enforcement mechanism of the EPA is also weak, Ghana has a digital
tracking system which is devised to detect these harmful wastes wherever the vessel may be at
sea near the Ghana territorial waters.149This technology would have assisted the EPA to produce
positive result if its enforcement mechanisms are forceful enough.

147

Omotola J. A. ed; Environmental law in Nigeria including compensation Faculty of Law, (Lagos: University of
Lagos Press, 1990) p. 218
148
Dr Francis Faduyile - Chairman, Nigerian Medical Association (NMA), Lagos State Chapter and Consultant
Pathologist, Department of Pathology and Forensic Medicine, Lagos State University College of Medicine,
Ikeja Why dna cannot be done in Nigeria. http://www.dailytimes.com.ng/article/why-dna-cant-be-donenigeria-pathologist. (Accessed on 26thJuly 2014).
149

Ghana: Digital Dumping Ground12/24/2011This documentary, which won the 2010 Emmy for Best Investigative Magazine,
traced
the
global
trade
of
electronic
waste.
With
millions
of
discarded.http://www.youtube.com/watch?v=N1oyFaOpJOo . (Accessed2nd September, 2013).

58

tons

of

electronics

Another problem with this legislation is that it does not really prohibit the importation of
these harmful.150 According to Omotola the Act made distinction between authorised and
unauthorised importation of harmful waste151. Although it is not clear from the Act who gives
this authority, Nigerian given the corrupt state of its agencies152, if the Minister in charge decides
to give such authorization to import, the culprits cannot be prosecuted.
Another identifiable cause of failure of the law is the lack of data and waste management
technologies. Nigeria relies on only the law to eradicate harmful waste and have turned away
from means of monitoring waste and waste management concepts which are complementary to
the law. The only means of waste management in Nigeria is by incineration. Incineration has
adverse consequences of the environment. In contract in the United States of America in spite of
the E.P.A, there exist industries whose main thrust is waste management and these industries
have been shown to adopt new technologies on waste management.153
Furthermore the law seems to lose sight of the activities of companies and diplomats in
its provisions154. It is not out of place that diplomatic agents can conspire to import hazardous
wastes into Nigeria. Under the rules of international law this class of persons are immune from
criminal jurisdiction of the receiving State even when a clear criminal case is established against
them155. It would have been appropriate if the law provided for a way to curb the excesses of
diplomatic missions. International law envisages these situations and provided for remedy156. A
receiving State could also break diplomatic ties with the sending State and call for the immediate

150

Section 1 (2) of the act used the phrase any person without lawful authority
Supra at note 6.
152
Issues of corrupt government agencies in Nigeria is no longer news.
153
th
http://en.wikipedia.org/wiki/wmgt#Technology (Accessed 29 January 2013).
154
Omotola J. A. Supra at 6, p. 218
155
See articles 22, 24, 25, 27 (3) & (4) 29 and 31 of the Vienna Convention On Diplomatic Relation 1961 cited in
Bazuaye, B. and Enabulele, O: International Law; (Benin city: Ambik Press, 2006) pp.216 -225.
156
Under Articles 9 (1) & (2) such a mission can be declared persona non grata. Ibid.
151

59

closure of the offending mission.157 The above have made enforcement a problem and the law
ineffective.

4. 2.

WATER RESOURCES ACT:

This Act provides for good quality and quantity of water for the Nigerian people. Under the Act,
it is provided for the sinking of well and boreholes,158 but the site, depth and manner of
construction should be regulated by the Minister of Water Resources. The Minister is also to
prescribe the time when water will be available to people in good quality and quantity at these
sites. The minister is also empowered to issue licence for sinking of borehole but must
recommend specifications159. The Act prohibits any act by any person likely to interfere with the
quantity and quality of water in any water source160. Violation attracts fine and imprisonment.161
The bane of this legislation is the obsolete and inadequate penalties which are begging for review
to no avail. As a result although this law exist, artisanal sinking of boreholes and digging of
wells are common practices in Nigeria. It is also common sight that cattle farmers usually
interfere with water course by grazing cattle directly into rivers with impunity. Records of
imprisonment if any remain with court and law reports and no further publicity is made for
public awareness. This has made the law seem to Nigerian as not existing and incapable of
obedience. Contrasting this position with what obtains in the U.S. once anyone is jailed on
infracting any law, it is made public and environmental laws are not exceptions. Under the Clean
Water Act of the United States, company have been made to pay heavy fines and managers and

157

Ibid at p. 225.
. Section 4 of the Act.
159
Section 11 of the Act.
160
. Sections 8 and 9 of the Act.
161
. N2,000.00 fine plus a N100.00 for every the offence persisted and/or 6 months imprisonment without
distinction between individual and corporate offenders.
158

60

supervisors jailed for interfering with the quality of the American Water.162 The U.S government
also has complemented the laws by devising initiatives to keeping contaminated water out of
surface and underground waters.163 These has helped in the U.S enhance water systems and
quality.
4.3.

ASSOCIATED GAS RE-INJECTION ACT 1979 (AS AMENDED IN 1985): This is

a Federal Act with the main purpose of phasing out gas flaring and by way of achieving this
purpose it fixed a deadline for flaring of associated gas164. Flowing from the provisions of this
statute the Federal High Court sitting in Benin in the case of Gbemre v SPDC165 held that gas
flare is illegal. Given this pronouncement by the court, this position ought to be the extant law.
However the contrary is the case. Nigeria is still rated highest gas flarerglobally second to
Russia166. This is not unconnected with the inherent flaw or loophole in the law. The same
legislation that is set out to phase out gas flare gave the minister the discretion to issue certificate
for continued gas flare to companies167 upon fulfilling certain conditions168. This is a structural
defect in this legislation a loophole which as a result has led to shifting the set deadline for four
times within the space of twelve years. This provision has whittled down the penalty section of
the legislation169 rendering it a toothless bull dog.
4.4.

ENVIRONMENTAL IMPACT ASSESSMENT ACT170

162

Two sentenced in New York State for dumping thousands of tons of asbestos in violation of the Clean Water Act.
http://www.justice.gov/opa/pr/2013/August/13-crm-878.html. (Accessed on October 15, 2013).
163
http://www.epa.gov/compliance/data/planning/initiatives/index.html. (Accessed on I5th October 2013).
164
Under Sections 1 and 2 of the Act the deadline was fixed for 1 st of April 1980.
165
Suit No FHC/3/C5/53/05 (Unreported).
166
Chika Amanze-Nwachuku Gas flaring: THISDAY LIVE http://www.thisdaylive.com/articles/24-of-nigerias-gas-still-being-flared/110729/. (Accessed 30th January 2013).
167

Section 3(2)(a) & (b).

See Section 1 (a) (e) of the Associated Gas Re-Injection (Continued Flaring of Gas) Regulations 1985.
169
Section 4 (1) and (2). The section provided for forfeiture of oil concession upon violation of the deadline and in
addition the minister may order withholding of all or part of any entitlements of such a company towards the
cost of completion or implementation of a desirable re injection scheme.
170
Cap C38 LFN 2004.
168

61

The main thrust of this statute is to prevent negative impact of developmental activities
on the environment. It therefore provided for such assessment of any project in order to reveal
such negative impact if any before the grant or approval of such project171. As a result it provided
that application must be made to the agency for such assessment and approval before the
commencement of any such project172. The Act also provides that in assessing the negative
impact of such projects there must be public participation. Non-compliance attracts penalty173.
The problem with this statute appeared to be the very mean and obsolete penalties rendering the
law cheaper to be bleached than compliance. As a result the profit oriented businessman,
corporations and multinationals rather go for violating the law and waiting to pay the penalty.
The businessman is also aware that the offence is not a strict liability offence. It must be litigated
upon. He also is aware of the Nigerian factor a poverty ridden country where the poorly
remunerated environmental agency official will prefer a token as bribe174 and cover up the
offence. At the end of the day the law is fragrantly violated with no consequence.
Another problem with this legislation is that it provided for public participation without a
corresponding provision allowing concern members of the public to sue violators of the law.
This becomes very important given the problem of the common law locus standi which has
characterized environmental litigation in Nigeria and which has created difficulty in the
enforcement of environmental regulatory laws175. In the United States this problem has been
171

Section 2(1) of the Act.

Section 2(4) of the Act.
173
Under section 60 of the act an individual violator will pay a fine of N50,000.00 and N100,000.00 for corporate
offenders but not exceeding N1,000,000.00.
174
The history of corruption in Nigeria is endemic, it is no longer news. Corruption has been attributed to the
problem in enforcing environmental crime in Nigeria. See Aigbokhaevbo V. O.; Combating Environmental
Crime in Nigeria: A Daunting Uncertainty Nails Journal of environmental law vol. 1, 2011. p. 226.
175
See Douglas v SPDC (Unreported Suit No. FHC/C5/C/573/93., the court held that the plaintiff has no locus to
compel defendant to comply with the environmental impact assessment Act. By this decision the court
appeared to have imported the problem of locus standi under the common law to apply within Nigerian
regulation.
172

62

overcome with the inclusion of citizen suit in every of its national environmental regulatory
legislation176.
4.5.

NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIONS

ENFORCEMENT AGENCY (ESTABLISHMENT) ACT (NESREA):
The NESREA is the most comprehensive legislation in Nigeria dealing with the

protection of the environment and related matters excluding the oil and gas sector 177. Under the
Act, the Minister and in exercise of his duties is empowered to accept gift of land, money and
other properties178. This provision appears to have enthroned corruption which will be
problematic to the enforcement of the law. He is also to make regulations, guidelines and
standards on specific areas of the environment in other to enhance its values179. Pursuant to this
power, the Minister made several regulations aimed at enhancing environmental protection
which for the purpose of this thesis include the following: National Environmental (Protection
Endangered Species in International Trade) Regulation 2011, National Environmental (Control
of Bush/Forest Fire Open Burning) Regulation 2011, National Environmental Sanitation and
Waste Control Regulations, 2009 and National Environmental (Access to Genetic Resources and
Benefit Sharing) Regulations 2009.
4.6.1. National Environmental (Protection Endangered Species in International Trade)
Regulation 2011:

The main thrust of this regulation is the protection and preservation

of wildlife, flora and fauna from extinction which if properly applied and enforced will
prevent the destruction of these endangered species resulting from harmful agricultural

176

177
178
179

Citizen suit allow concerned citizen in the U.S to sue for environmental redress irrespective of the fact
whether they are directly affected or not. See Omaka C. A. Jurisprudence of Polluter Pay Principles and
Environmental Criminal Enforcement: Philosophical Issues in Nigerian Public Laws p.47
Section 8 (g) of NESREA Act
Section 8 (i) of NESREA Act
Section 26(1) of NESREA Act.

63

practices such as deforestation and bush burning. Violation of this regulation attracts a
penalty of N5m and/or a term of 3 years imprisonment. The bane of this regulation is that
it lacks the data and technical knowhow needed to monitor which species are endangered
and prone to extinction. Utilization of plant for medicinal herbs, bush burning for farming
and hunting, utilization of hides and skins of animal for bags and shoes, pea cock feathers
for house decorations; illegal logging for furniture and roofing of houses and fuel wood
constitute endemic threat to biodiversity. This is largely due to poverty and poor
enlightenment of the populace on the evil of sustainable utilization of environmental
resources. Forest resources are a major source of revenue to the rural poor. Asking them
to stop exploitation in the interest of environmental preservation and conservation will be
an uphill task. This has led to honouring the law in violation.
4.6.2. National Environmental (Control of Bush/Forest Fire Open Burning) Regulation
2011: The principal aim of this regulation is to prevent the destruction of the ecosystem
through fire and emission of hazardous dust and air pollutants. As a result it prohibits
bush burning180. It however allowed bush burning upon obtaining permission181. The
regulation is silent on what happens to a licensee who is unable to put the fire within
acceptable bound. This makes this provision an inherent challenge to the enforcement of
this law. The regulation also provided for penalty for violation182. This thesis sees this
regulation effective against corporate offenders if it is well enforced but does not see the
effect in the case of the individual rural subsistence farmer. This is because bush burning
is a cultural method of farming and animal hunting prevalent to the rural farmers.

180

Regulation 3.
Regulation 7.
182
An individual violator is liable to a fine of N50,000.00 and a term of imprisonment for 3 years. Corporations
N1m and N20,000.00 for every day the violation persist.
181

64

Modern and environmental friendly methods of farming are expensive and inconvenient
for the rural poor. Another problem with the efficacy of this law is that the actors here are
ignorant of the consequences of the destruction of the ecosystem. But even if they are
aware the preference would be that let the ecosystem die first while man dies later
because man must survive. According to the historical school of law, any law that does
not flow with the spirit of the people is not capable of obedience. A conviction therefore
on this will not act as deterrent for the convict nor will it deter those yet convicted. These
have largely made enforcement impracticable and the law ineffective.
4.6.3. National Environmental Sanitation and Waste Control Regulations, 2009:

The

purpose of this regulation is to ensure environmentally friendly practices in terms of

environmental sanitation and waste management in order to reduce pollution183. Under
the regulation, it is a crime to release effluent and sludge into the environment beyond the
permissible levels184. It is also an offence to engage in any activity likely to generate
hazardous waste without the necessary permit by the agency185. The law did not provide
for what constitute permissible level of effluent beyond which the provisions of the
regulation can be invoked. The problem with this regulation is that Nigerian has no
facilities to measure this acceptable level. Another problem with the regulation is that by
this provisions186 there is the presupposition that the environment can be polluted by any
person upon getting the requisite permit. These inherent constraints make the law
incapable of enforcement.

183

Regulation 64.
Regulation 77.
185
Regulation 78.
186
Ibid
184

65

Apart from the above, Nigeria is also a signatory several regional and
international environmental protection conventions. This thesis however intends to
discuss only two to include The UNFCCC and its Kyoto protocol and the Great Green
Wall African Regional Project.
4.7.

NATIONAL OIL SPILLS PROTECTION AND RESPONSE AGENCY (NOSDRA)

2006:
NOSDRA is the most comprehensive agency in Nigeria that deals addressing
issues of environmental infractions resulting from the oil sector. It is to be ready at all
times to detection and response to all oil spills in Nigeria187. It has the mandate among
others of a timeous, safe, effect and appropriate response to oil pollution and to identify
areas of high risk and priority for clean-up188. It provided of sanctions for failure of
violators to report spill within 24 hours189 and for failure to clean up spill.190In other to
attain effectiveness NOSDRA created six zonal offices across Nigeria191, an office of a
governing board192 and a report processing office National control and response centre
in Abuja193. The director general of the agency is a member of the governing board194.
The agency is empowered to borrow fund without the approval of the governing council
which at any time exceeds the amount set by the Minister for the performance of it
functions195. The staff of the agency are also allowed to accept gifts of cash, land and

187
188

Section 5
N500,000.00 for every day the offence remain unreported. See section 6(2).
190
N1,000.000.00. See section 6.
191
Section 1(3) of the act. The zonal offices are Port Harcourt, Uyo, Warri, Akure, Kaduna and Lagos. See
http://nosdra.gov.ng/contact.html 27/07/14. ( Accessed on 27th July 2014).
189

192
193
194
195

Section 2.
Section 18 (1) (a) (c)
Section 2(3)
Section 16 (1) & (2)

66

other properties provided the gift does not conflict with its functions196. Information
about the dealings of the agency is confidential except by order of court.197 Enforceability
of this legislation is impracticable due to the following. Whereas the Act is talking of
preparedness to detect and response to spill, and identify areas of high risk for clean-up,
the staffers of the agency sit in the office to wait for violators to report violation caused
by them to the agency within 24 hours. The act provide for penalty for failure to clean up
without creating a time frame for such clean-up. Penalties are very minimal when
compared to the gravity of the damage it results to the environment and public health.
Another reason for the inefficiency of this act is that it has no facilities to work. The
NCRC is too far from the zonal offices and the zonal offices are not enough. The
sections which allow the agency to borrow and its staff to accept gift appear to legalize
corruption. More so dealings of the agency remain confidential. The section which made
the director general of the agency a member or secretary of the governing council appear
to under play the principle of transparency. This makes it difficult for the agency to stand
to its responsibilities. In contrast under the Environmental Protection Agency (EPA)of
the United State, a trust fund known as Super Fund is established. This trust fund is
funded from taxes on petroleum and chemical industries as well as industries whose
activities pose threat on the environment. Basically the fund is used to restore the
environment whenever environmental infraction occurs against its adverse consequences
on the environmental without waiting for the polluter to take immediate responsibilities.
The cost of such restoration is thereafter passed to the polluter to pay. The agency does
not need to borrow money. Also under the EPA, in order to make more expensive infracts

196
197

Section 15
. Section 24

67

the environment than to maintain it, violators are made to pay fines as high as up to a
hundred thousand dollars per day for unwholesome practice and imprisonment for up to
six years198. Indeed corporations managers have been jailed under this agency199. This
vigorous and effective enforcement it has been said is the cornerstone of the EPAs effort
to improve the environment and protect human health in the united state such that EPA
enforcement procedures make it clear that American people view environmental
degradation as not only unacceptable business practice, but as an assault on their share
notions of responsible citizenship200.

4.7.

THE UNITED NATIONS FRAMEWORK CONVENTION FOR CLIMATE

CHANGE (UNFCCC)AND ITS KYOTO PROTOCOL 1977: The Unfccc is solely
concerned with reduction of greenhouse gases arising from the use of fossil fuel. By way
of enforcement of the convention the Kyoto protocol was established. This became
necessary because of increased global temperature leading to global warming, polar ice
melting and flooding. The Kyoto basically gave targets to members not to exceed certain
level of emission of ozone depleting substances and beyond which members are not
expected to go. It however created a dichotomy between developed countries, emerging
economies, economies in transition and developing countries in achieving their targets.
This has affected emission targets and the quest to reduce carbon emission in their
developmental operations. The developing countries are as part of their target to keep
their forest untouched. The overall effect of this arrangement by the protocol is to achieve
a drastic reduction in ozone depleting substances that are released into the air and by

198

. lleegbume T. O.; Environmental Law and Enforcement and policy cited in Omaka C. A. Supra at note 35
. Ibid. note 65
200
. Ibid.
199

68

extension the effect of climate change if properly implemented. The constraint to the
efficacy of this convention is that of the international principle of state sovereignty which
forbids interference in a state by another state. United States who is the major financier of
the convention refused to sign and others who had signed withdrew from the
convention201. America insists that there should be no deferential treatment in creation of
targets. It reasoned that if it signs the protocol its level of industrialization will be
adversely affected. The developing countries on the other hand insist that they must be
paid for their forest if they must abstain from deforestation. The convention is therefore
bereft of the powers to compel compliance of these dissident states due to the
international principle of state sovereignty as a result the convention and its protocol
today remain of staggering relevance.
4.8.2. THE GREAT GREEN WALL PROJECT202:

This is an African regional initiative

designed to abate the menace of desertification by planting a green belt across the Sahara
and Sahel savannah to prevent the encroaching desert. The initiative was said to have
been hatched by the former Nigeria President Olusegun Obasanjo in the year 2002 but
was endorsed by African heads of state and government in 2007 and heralded as the

201

The U.S never ratified the protocol. It says that it is an economic issues every bit of it. Canada formally withdrew
in 2011. It says it cannot force its citizens to pay penalties that would result in wealth transfers out of Canada.
In 2010, Japan say it will not sign up to a second Kyoto term, because it would impose restrictions on it not
faced by its main economic competitors, - China, India and Indonesia. At the 2012 conference Russia,
Ukraine, Belarus and Kazakhstan raised objections which were ignored by the governing officials. They have
indicated their intentions to withdraw or will not ratify the treaty. Commentaries and analysis; Unfcc and its
Kyoto protocol: https://en.wikipedia.org/wiki/United_Nations_Framework_Convention_on_Climate_Change.
(Accessed 29th June 2013).

202

This is an African regional initiative to combat desertification. Nigeria was in the forefront of this project during
the presidential regime of Olusegun Obasanjo. The programme was designed to plant a green belt across the
Sahel savannah. See African Ministerial Conference on the Environment (AMCEN)/United Nations
Environment Programme (UNEP) History of the African Ministerial Conference on the Environment 19852005. Eds. Sekou Toure, Peter Acquah (Nairobi:UNEP, 2006) p. 8

69

panacea for the adverse socio-economic and environmental malaise of desertification203.

The initiative was further expanded to include assisting local communities to embark on
sustainable utilization and management of their forestrange, land and other environment
resources204. If well implemented the initiative will create a wall of trees through Burkina
Faso, Chad, Djibouti, Ethiopia, Gambia, Mali, Senegal, Niger, Nigeria, Sudan, Algeria,
Egypt and Mauritania. In Senegal the project has received some lime light205. In Nigerian
however in spite huge revenue allocated to this project through National budget and
Ecological Fund this project has not received any progress and as a result unable to
address the problem of desertification in Nigeria. This failure which is not unconnected
with corruption of those charged with the responsibility of implementing the project 206
has been attributed to low rainfall in the region, inadequate irrigation projects, insecurity,
gazing of the planted wall by cattle and Boko Haram insurgency207. There is urgent need
for the culture of corruption in Nigeria to be replaced by a culture of transparency
otherwise environmental problems will remain endemic with endemic socio-economic
implications for Nigeria.
4.9.

JUDICIAL PRONOUNCEMENT ON ENVIRONEMTAL REGULATORY LAWS:

The prophesies of what the courts will do in fact, and nothing more pretentious
are what I meant by the law208. It is on this premise that this thesis intends to look at the

203

Supra at note 47.

Ibid.
205
See Environmental/Agriculture/Climate Change Reducing Vulnerabilities to climate change, land degradation
and drought, the Great Green Wall for Sahara and the Sahel www.africa-eust
partnership.org/sites/default/files/- /ggwssi-en-fin-pdf. (Accessed on 1 May, 2014).
206
See Reps shocked by state of uncompleted projects alleged N2billion Ecological Fund Fraud the Nigerian
Voice (TNV) July 13, 2012.
207
Isiaka Wakill and Alex Abutu 2014;Jonathan Budgets N4billion for Environmental Preservation Daily Trust,
st
Wednesday 1 January 2014.
208
Oliver Wendell Holmes Jnr., The Part of the Law; 10 Harvard Law Review. 457 (1897)
204

70

contribution of case law to ameliorating the degrading Nigerian environment with its
socio-economic problems under the public nuisance.
Public nuisance is a development of common law which is the basic law that was
developed by the judges of the old common court the Court of Kings, the Court of
Common Plea and the Court of Exchequer. According to Aigbovo, its principles are to
be discovered in previous cases as distinct from a code as is the case with civil
countries209. It is also defined as the body of law derived from judicial decisions, rather
than from statutes or constitutions210. By way of protection and preservation of the
environment, the common law developed the principle of nuisance (private and public
nuisance), negligence,res ipsa loquitor and the rule in Ryland v fletcher. However for the
purpose this thesis only public nuisance will be discussed with a comparative reference to
the other principles.
Public Nuisance:

Environmental infractions especially those resulting from the oil

industry usually constitute nuisance to the general public. Under this principle of law, an
aggrieved plaintiff can bring a suit against a defendant for acts which constitutes
nuisance. However he or she must make the Attorney General of the state a party or must
prove that he or she suffers more and above the general public to succeed211. This
appeared to be the basis of plaintiffs locus in cases of public nuisance as a result so
many cases of oil pollution which were hinged on public nuisance failed 212 and
209

Aigbovo. O.; Introduction to Nigerian Legal system (Akure: Sylva Publisher Limited, 2000) p. 32
Blacks Law Dictionary 8th Edition.
211
It is considered that public nuisance is a crime against the general public and only the Attorney General can sue.
See Nnaemeka-Agu J.C.A. (as he then was) in Interland Transport Limited v Adeniran & Ano. (1986) 2 NWLR (Pt
20) 78 at p. 87
212
In the case of Amos & Ors. v Shell B.P Nig Ltd (1977) 6 S.C. 109, although the court found that the conduct of
the defendant constitute public nuisance, it held that the case of the plaintiffs however must fail as plaintiffs
were unable to show that they suffered damages over and above those suffered by the general public. In
Douglas v SPDC (Unreported Suit No. FHC/C5/C/573/93., the court held that the plaintiff has no locus to
210

71

multinational oil companies continued to pollute the environment with oil spills and gas
flare and decommissioning waste with impunity. There appeared however to be more
success for plaintiffs under the tort negligence213 and under the rule in Ryland v
Fletcher214. The tort of negligence and the rule in Ryland v fletcher are however fraught
with some exception which has plagued their efficacy in addressing the problem of the
Nigerian degrading environment with its socio- economic implications. Under the tort of
negligence the courts have insist that plaintiff prove the duty of care owed by the
defendant a problem which has left some plaintiffs without remedy215. This is because
such has been said to involve scientific evidence which requirement most plaintiff are
unable to meet due to the cost implication216. With respect to the rule in Ryland v
Fletcher, there exist several defences217 some of which are the act of the claimant himself
and the act of a stranger. Oil multinational companies in matters of oil spills or spillages,
have always anchor on these defences (sabotage) to escape liabilities218. With respect to
public nuisance however, the Supreme Court has made a bold stride with its decision in
compel defendant to comply with the environmental impact assessment act. See also the case of Dumez Nig
Ltd v Ogboli (1972) All N.L.R. 241
213
Under negligence all the plaintiff have to prove is that the defendant has a duty of care which duty the
defendant has breach and plaintiff has suffered injury as a result of the at breach. See the cases of Dare v
Fagbamila (2009) ALL FWLR. (Pt. 489) P. 568; Nwakwe v Nkwukor (2001) FWLR (Pt.631) P. 820 Para A C Ratio
1. See also section 135 137 of the Evidence Act (as amended).
214
See Ogbuegbu J.S.C. in NEPA v Alli (1992) 8 NWLR (Pt. 259) 279; See also Shell Petroleum Development Company
(Nig) Ltd v Amaro (2000) 10 NWLR. (Pt. 675) 248; and Omosun J.C.A. in Shell Dev. Co. Ltd v Otoko (1990) 6
NWLR (Pt. 159) 693.
215
See the case of Dare v Fagbamila (2009) ALL FWLR. (Pt. 489) P. 568 (supra) at note 188. See also Atubi v Shell
B.P. Petroleum Dev. Co. (Nig). Ltd.; Unreported Suit No. UCH. 48/73 of November 12, 1974, Ughelli High court.
112) cited in Atsegbua L. et al; Environmental Law in Nigeria Theory and Practice (Benin city: Ambik Press,
2012), p 273
.
216
Jedrzel G. F.; Legal Changes in Africa: Evidence from Oil Related Litigation in Nigeria.(1992) J.A.L. Vol. 43.
No. 2 at pp 121, 122
217
Odigie D. U.; Modern Law of Torts in Nigeria (Benin city: Joint Heirs Press, 2003) p. 180.
218
Adewale O. Sabotage in the Nigerian Petroleum Industry: Some Socio-Legal Prospective. Nails Monograph
1990 p. 17. See also NOSDRA Probes Bayelsa Spill and asserts sabotage.
http://www.thetidenewsonline.com/2013/08/26/nosdra-probes-bayelsa-spill-as-chevronkoluama-trade-blame
(accessed on 27th July 2014.

72

the case of Adeniran and Anor. v. Itahase Transport limited219. With this advancement,
one would have thought that cases of environmental infractions which are basically
public nuisance in nature will flood the court given the frequency with which the
environment is tempered especially with oil spillage and gas flaring. The problem of
locus standi however still exists in spite of this laudable decision. Litigants still see the
need to join the Attorney General as party to cases of public nuisance. This could be
ignorant of the law. It has been noted and recommended that a leaf be borrowed from the
American courts which occasionally grant injunctions in deserving cases in protection of
the environment220. While this position cannot be faulted, it is difficult to understand how
injunction can be of help in cases of oil spills or spillages. This is because the occurrence
of oil spills, oil blow-our and spillages are unprecedented and once they occur the act or
the damage is completed. It is trite law that the courts will not grant injunction for
completed act. In the United States of America, this hurdle has been crossed since the
enactment of Clean Water Act in 1974221.
. 4.10.

Constraints to Regulatory Enforcement in Nigeria:

In the course of the

discussion of the environmental regulatory mechanisms in Nigeria so many hiccups to

their enforcement were identified. These are now discussed as follows:
(a).

Environmental regulations in Nigeria are influenced by economic consideration:

Nigeria has no technical know-how to manage the oil industries and it is reasoned
that where the multinational who possess the well with-all to do this job are meant
to face the strength of the law, they will go away. As a result they pollute the

219

Supra at note 56. In that case the court rely on section 6(6) of the constitution of the federal republic on Nigeria
(CFRN) 1999 as amended held a private person can commence an action in public nuisance without obtaining
the consent of the attorney general or joining him as a party.
220
Atsegbua L. et el supra at note 64.
221
Supra at note 35.

73

environment while environmental agencies officials turn away their faces in the
guise of encouraging foreign investment. The judiciary does not help matters.
This constraints of economic consideration was judicially noticed in the cases of
Allah v Shell B.P222 and Onyoh v Shell B. P.223 The court in both cases was of
the view that whether pollution or not exploration and exploitation should go on
because it is the main stay of the Nigerian economy. Obviously Nigerian judges
are yet to realise that a healthy environment is a prerequisite for socio-economic
development.
(b).

Nigerian stake in the oil industry: Nigerian as a country is a stakeholder in the oil
industry which its laws are supposed to regulate. Where therefore there is
infraction of the environment by a company in which the country has a stake
the laws are bent backwards to accommodate the wrong. Indeed the regulator
cannot regulate itself. It is even in the wisdom of the animals that the dog does not
bark the owner where it does it is liable to be killed.

Awareness of the populace of the deceit behind most environmental protection

and preservation regulations: This is more glaring in regulation like forestry
laws224, the Land Use Act225 and regulations against oil theft. The Land Use Act
makes the governor of the state a trustee of all the land within the state. One of the
purposes of the Act is to make land available for development and to overcome
the hurdle of dealing with traditional owner for land acquisition. This allows state
governments to make laws to prevent the rightful owner from dealing with their

222

(Unreported) Suit No. W/89/71,of November 26, 1973, Warri High Court
(1982) 12 C.A. 144
224
Forestry Law of the defunct Bendel State Cap 59, Laws of Bendel State, Vol. 111 1976 applicable to Edo State.
225
Cap L5, Laws of the Federation of Nigeria (LFN) 2004
223

74

own forest in the guise of preserving the forest. As for the forestry law, its main
purpose is to protect, preserve and conserve biodiversity. The awareness has come
that the same government who prevents the people from dealing with their own
gift of nature issues licences and permits to deserving Nigerian to exploit the
forest resources right under the glaring view of the traditional owner226. What is
more the community as a people are not made to experience the dividend of the
forest resources which solely accrues to government who is supposed to be a
trustee of the forest for the benefit of the people. This has led to the illegal
logging and unsustainable utilisation of forests resources in flagrant disregard for
the laws. For them the law that allows exploitative government to take away land
from the rightful owner and make it its own and then ask the owner to pay rent to
it in the guise of protection, preservation and conservation of the environment is
oppressive and deceitful. It flow against the spirit of the people and is not capable
of obedience227. This makes enforcement difficult. It is for the same reason that
oil theft and sabotage has come to stay. Most top government official are involved
in oil theft business while they make laws to prevent the common man from
benefiting from their own gift of nature and while the money government realise
in the process are being squandered by the political class and leaving the
environment and the people suffer from the degrading environment with its socioeconomic implications.
(d).

Ignorance: The masses are not only ignorant of existence of environmental

regulatory laws, of Nigeria environmental protection agencies and their offices;

226
227

See sections 9, 28 and 33 of the Laws (supra at note 75),

According the historical school of law espoused by Carl Von Savigny, any law which does not follow the
custom and spirit of the people is not valid and can only be honoured in breach.

75

they are also ignorant of the contributing effect of their unsustainable utilisation
of environmental resources to the degrading environment with its socio-economic
implications. In contrast the U.S citizens are well aware of impact of irresponsible
act on the environment. This is because the environmental protection agency
(EPA) creates awareness on the environment. The EPA establishes the National
Environmental Investigation Centre (NEIC) a bodyin charge of monitoring and
investigating activities of the EPA. Their special agents are positioned
permanently in every regional office of the EPA. They have full powers of law
enforcement agent. They can execute search warrants and make arrest. They are
also allowed to carry firearms. This enforcement machinery in the United States it
has been said has provided incentives for voluntary compliance228. The EPA has
created a culture in the United States to the effect that environmental infraction
are not only regarded as unacceptable but seen as an assault on the shared notion
of responsible citizens. Similarly, the Safety Environmental Protection Agency
(SEPA)229of the United Kingdom has all powers and machineries to compel
voluntary obedience of environmental laws. These allow for easy enforcement of
environmental regulations in the US and UK.In Nigeria the NCRC is position in
Abuja only for the purpose of process information received from zonal offices.
(e).

Obsolete and Inadequate Penalties: A cursory look at the regulations reviewed

show that the maximum statutory penalty for breach of environmental regulations
is N5,000,000.00 or imprisonment for life. In Nigeria record of imprisonments on
grounds of environmental laws infractions are not publicized at least to create

228
229

Supra at note 35.

SEPA Scottish Environmental Protection agency. www.environmental-agency.gov.uk
(accessed 29th January 2013).

76

awareness. This makes it seems cheaper to pollute the environment than to protect
or preserve it and have created incentives for violations of the laws than
obedience. In the United Kingdom and in the United States however the position
is different. Under the EPA, corporations and their executive have been made to
pay heavy fines for criminal violations230 and company managers have been sent
to jail on grounds of environmental crimes231. They are usually publicized as part
of creating awareness that the EPA is committed to work232.
(f).

Unemployment: Unemployment is a situation of being without job. This does not

have to do with only government paid employment and it does not have to be
total. It could be seasonal unemployment. This had breed poverty making
environmental resources a ready solace leading to unsustainable exploitation of
these resources a situation which has defy all environmental regulations in
Nigeria.

(g).

Corruption: corruption is endemic in Nigeria. It has eaten into every nook and
cranny of the country and environmental regulatory agencies officials are not
exception. It has been said in this thesis that top government officials apart from
lavishing the oil revenue with complete disregard for welfare of host
communities environment and people; are involved in the oil theft business to the
knowledge of the Nigerian suffering people. It has also been said that just the

230

231
232

In the gulf of Mexico spill of April 2010, the U. S. Department of Justice threatens the British firm with $25
billion fine however the company opted to pay compensation without litigation. The problem turned to be
what compensation would be sufficient. See http//www.dailymail.co.uk/news/article-2199064/BP-labelledincompetent-Gulf-oil-spil-U-S-department-justice-threathens.html. (Accessed 29 January, 2013).
Supra at note 70.
See note 21 supra.

77

lunch of a member of the house of representative a day is N144,000.00 233 while

the Nigerian worker including the environmental agencies official take a
minimum wage of N18,000.00 per month. This has led environmental agencies
officials to trade away enforcement of the laws for peanut as bride234.
(h).

Role conflicts of environmental agencies: This can be felt when the provision of
issuance of certificate for fitness at the completion of a building project authorised
by the Lagos State Town and Country Planning (Building Plan) Regulation is
perused. At the completion of every building project the law insists that a
certificate of fitness be issued. This will enable the agency (planning authority) to
ascertain whether all the dictates of the law in respect of that building have been
complied with235. However this same duty again is placed under the authority of a
Health Officer. This conflict has led environmental officers to be jostling for
supremacy instead of enforcement of the environmental laws. This situation does
not arise in the United Kingdom or in the United States of America. This is
because in these two jurisdictions a single environmental agency the SEPA and
the EPA respectively is responsible for overseeing the issues of environmental
degradation with its socio-economic problems236.

(i).

There exist a gap between the government and the governed: Government have
the well with-all in term of revenue and knowledge to protect the environment

234

235
236

The challenge and practice of presidential system in Nigeria National assembly, a paper presented as a
th
discussant at the law week of the Nigerian bar association (Warri branch) held on June 12 2014.
See the case of Defacto Bakaries and Catering Services Limited v Ajilore & Ano. (1974) all NLR (Pt. 11) 385
where the court found that the Ikeja Area Planning Officer instigated the plaintiff and approved for him a
building plan in contravention of the Shomolu- Ilupeju Scheme and thereby prevented air space and
easement between his building and the defendants building.
Section 29 of the Lagos State Town and Country Planning (Building Plan) Regulation 1986.
Supra at note 70.

78

and the rights of the governed to a healthy environment. Government instead has
use the revenue meant for the governed to better itself and leaving the governed to
wallow in abject poverty. The governed are even unable to maintain court actions
even where they are directly affected by environmental infractions. It is common
knowledge that litigation is not for the poor people of this the country. This gap is
again fuelled by government involvement in deleterious environmental activities
such as oil theft and bunkering237. What is more government has taken advantage
of the weakness and ignorant of the governed to trade away their rights in favour
of the multinational oil companies who continued to pollute the environment with
oil spills and gas flaring as well as improper disposal of industrial effluent and
decommissioning waste without consequence238. This has given room for a
deliberate violation of the environmental laws making enforcement difficult. In
the United States environmental infractions is seen by everyone including the
American government as an assault on the shared notion of responsible citizens.

CHAPTER FIVE

237

Victor Ahiuma-Young; Nigeria: Why Government Can't Curb Oil Theft NLC
http://allafrica.com/stories/201311050307.html. (Accessed 18th April 2014).
238
See notes 73 and 74 (supra).

79

SUMMARY OF FINDINGS, RECOMMENDATIONS AND CONCLUSION

5.1.

SUMMARY OF FINDINGS:
(i).

The Nigeria degrading environment with its socio-economic implications are

traceable to the endemic corruption of the Nigerian political class and this has
produced incentives for deliberate and flagrant violation of environmental
regulatory laws and ineffective enforcement of the laws.

(ii)

Role conflicts of environmental agencies have led them to be more preoccupied

with jostling for power than enforcement of environmental regulatory laws.

(iii).

Unemployment problem in Nigeria is the reason for endemic environmental

problem and aggressive exploitation of environmental resources which has led to
increased socio-economic problem for Nigeria.

(iv).

Inadequate, stringent penalties and weak enforcement policies are principally

responsible for the impunity with which environmental degrading activities
continue to thrive in Nigeria.

(vi).

There is too much focus on legislations and neglecting of other ways by which
environmental degrading activities can be combated. This has led to endemic
environmental consequences for Nigeria with increases socio-economic
implications.

(vii).

Although the people are ignorance of the effect of unsustainable utilisation of

environmental resources there is awareness that the purpose of laws for
preservation of environmental resources has been hijacked by government for
selfish gains. This has created hiccup to enforcement of regulatory laws.

80

(viii). Over population and unregulated urban drift has fuelled irresponsible utilization
of environmental resources which has further exacerbated the environmental
degradation
(ix).

and has spelt graver socio-economic problems for Nigeria.

The greatest problem militating against the Nigerian water security is rooted in
the rush for oil revenue which has resulted in oil spillages and industrial wastes.
This may result in acute water shortage for Nigerian in the nearest future.

(x).

Government involvement in joint venture with multinational in the production of

oil, has given reasons for violation environmental laws without consequences.
This in itself is a greater problem that will defy every effort to halt environmental
degradation with its socio-economic implications.

5.2. RECOMMENDATIONS:
In the course of examining the environmental degradation and its socio-economic
implications in Nigeria, the constraints militating against effective enforcement of the
regulations which has led to endemic environmental degradation with grave socioeconomic implications were identified. In this section recommendations shall be made
geared towards effective enforcement of the laws and by extension abate the Nigerian
environmental degrading problems with its socio-economic implications.
(1).

The Nigerian people and government should focus on fighting corruption and this
fight should start from the three aims of government the legislature, executive
and the judiciary. There should be a cut down on expenses of these arms of
government. A situation where only the security allowance of members of house
of representative within the confines of the House alone is N2b, travelling
allowance N9.6b, and feeding allowance of 360 members of the house of

81

representatives in a year is N18,921,600,000.00 in a country where workers

including environmental agencies official minimum wage is N18,000.00 sends
wrong signals to the people of Nigeria and in particular the people of the Nigeria
delta who are now aware that the wealth of the nation now being lavished by the
political class is source from their environment who have nothing to show for it
but degraded environment and abject poverty. There is urgent need for a creation
of awareness by the people on government on its need for it to know that
democracy is the government of the people by the people and for the people and
not for their selfish interest. The government need to be brought on track and its
excesses curb if the Nigerian environment must be abated with its socio-economic
implications.
(2).

Nigeria should merge all its environmental agencies into one; create departments
and the agency offices in every local government area of the country. It should
create awareness of its presence and its willing and readiness to address
environmental infractions. It should borrow a leaf from the EPA of the United
Nations and SEPA of the United Kingdom. This will resolve the problems of
ignorance and role conflict of environmental agencies.

(3).

Nigeria should update its environmental regulatory laws penalty to accord with
modern realities and to also include citizen suit in every of its environmental
regulatory laws. This will enable concern citizens to sue for environmental redress
and to avert the common Rubicon plaintiffs locus.

(4).

Nigerian government should step aside from joint ventures with multinational oil
companies and concentrate on tax collection from the oil companies. This will

82

enable it to enforce environmental infractions and environmental regulatory laws

to the letter without fear or favour. Correspondingly once the multinationals know
that the only government stake in the oil industry is tax it will create incentive for
obedience to the laws239.
(5).

The provisions which allows NOSDRA to borrow money and that which allows
its staff to accept gift should be expunge and in its place a superfund should be
established to be funded not by government but by tax on companies whose
activities pose potential threat on the environment. The NCRC should be
established in every zonal office which should be in every local government area
of the states of the federation. The members of the governing council should
independent of the agency to allow for transparency.

(6).

Most of the environmental degrading activities identified are traceable to the use
of fossil fuel. There is need for Nigeria to embrace green and cleaner energy and
diversify its economy to embracing other area such agriculture and solid minerals
instead of concentration on crude oil revenue.

(7).

There is immediate need for collaborative efforts by all stakeholders with government to
create a central water processing unit from where the entire nation can source water that
will accord with the WHO guideline for drinking water and unless this happens Nigeria
is prone to experiencing real water stressed condition in the nearest future which could
manifest in severe water shortage and the rush and wars, over crude oil wealth and its
derivatives together with associated wastes generated which has impacted adversely on
the Nigerian water systems will metamorphose into rush and wars fought over water.

239

See the case of the Gulf of Mexico spill where the U.S Department of Justice threatened the company with a
fine of $25b (supra) at note 206.

83

(8).

As part of enforcing the environmental impact assessment act companies should be

compelled to submit a report of plans to retrieve their generated waste from the
environment; such that if coca cola bottle is found littering the streets for example, coco
cola should be prosecuted for it. This produce the effect of ridding the environment of
industrial waste.

.(9). There should be a greater implementation of the Great Green Wall African
regional project in Nigeria. A special fund should be created for the purpose
instead of reliance on the ecological fund with strict regard to accountability. This
will go to reduce the incidence of drought and dessert encroachment plaguing the
environment of the northern part of this country.
(10).

There is need for Nigerian government to declare more rural areas urban. This
will make a way for even distribution of population and the weight on the
environment and its resources that have become scarce will be reduced with a
corresponding decrease of the socio-economic impact of environmental
degradation. A good public transport system will also help to fight population
explosion as many will find it convenient and cheaper to move from villages to
cities for work and there would be no incentives for private cars. There will also
be a corresponding reduction in traffic congestion.This will go to reduce the
amount of pollutant released into the atmosphere through combustion of
automobile exhaust.

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5.3. CONCLUSION:
Nigeria socio-economic implications are traceable to the environmental
degradation which includes wastes and improper wastes management,
urbanization/over population, deforestation, desertification and climate change
and poor regulatory mechanism.Man who was created uniquely by God to
dominate on earth became the major source of its destruction. Man is incapable of
visiting a place and leaving it the way he founds it. Sometimes it is the absence of
some species of the environment or what he left behind irresponsibly that indicate
his presence in a place. The socio-economic implications of man degrading
activities on the environment are more in the negative. In other to curb their
effects laws have been enacted by legislature of various countries of the world. In
Nigeria however the laws have not be able to abate the degrading environment
with its socio-economic implications. Contending factors against the efficacy of
the laws have been identified and recommendations to eradicate these constraints
or at least reduce their effect on the success of the laws have been made also.
While it is hoped that with these recommendations put in place in Nigeria there
will be voluntary obedience to the laws, public health will be enhance and a
befitting environment delivered to Nigerians, it is pertinent of emphasize that
unless Nigerian changes its approach towards utilizing environmental resources
sustainably and proactive steps are taken by government to fortify and ensure
effective enforcement of existing laws, environmental degradation will remain
endemic with increased socio-economic implications for Nigeria.

85

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