Name: Subair Odunayo Adeyinka

Matric number: RSG/17/2872

Course code: RSG506

Question: trace the historical development of environmental policy and law in

Nigeria

Answer

The Nigeria Environmental law is constituted over some year ago, the implementation
of law stated when law makers implement it and sing it into law in the 1999
Constitution of the Federal Republic of Nigeria. Pursuant to section 20 of the
Constitution, the State is empowered to protect and improve the environment and
safeguard the water, air, land, forest and wildlife of Nigeria. In addition to this,
section 2 of the Environmental Impact Assessment Act of 1992 (EIA Act) provides
that the public or private sector of the economy shall not undertake or embark on or
authorize projects or activities without prior consideration of the effect on the
environment.

The Federal Government of Nigeria has promulgated various laws and Regulations to
safeguard the Nigerian environment. These include:

 Federal Environmental Protection Agency Act of 1988 (FEPA Act). The

following Regulations were made pursuant to the FEPA Act:
o National Environmental Protection (Effluent Limitation) Regulations:
 National Environmental Protection (Pollution Abatement in
Industries and Facilities Generating Wastes) Regulations; and
 National Environmental Protection (Management of Solid and
Hazardous Wastes) Regulations.

 Environmental Impact Assessment Act of 1992 (EIA Act).

 Harmful Wastes (Special Criminal Provisions etc.) Act of 1988 (Harmful
Wastes Act).

The Federal Ministry of Environment (FME) administers and enforces environmental

laws in Nigeria. It took over this function in 1999 from the Federal Environmental
Protection Agency (FEPA), which was created under the FEPA Act. FEPA was
absorbed and its functions taken over by the FME in 1999.

The Federal Ministry of Environment has published several guidelines for the
administration of the FEPA and EIA Acts and procedures for evaluating
environmental impact assessment reports (EIA Reports).

Other regulatory agencies with oversight over specific industries have also issued
guidelines to regulate the impact of such industries on the environment such as the
Environmental Guidelines and Standards for the Petroleum Industry in Nigeria
(EGASPIN) 2002, published by the Department of Petroleum Resources (DPR).

However, pursuant to the FEPA Act, each State and local government in the country
may set up its own environmental protection body for the protection and improvement
of the environment within the State. Each State is also empowered to make laws to
protect the environment within its jurisdiction. All the States have environmental
agencies and State laws; e.g. Abuja, the Federal Capital Territory has issued the Abuja
Environmental Protection Board (Solid Waste Control/Environmental Monitoring)
Regulations 2005 (“the Abuja Environmental Protection

The EIA Act was promulgated principally to enable the prior consideration of
environmental impact assessment of public or private projects. Any person planning a
project/activity which may have an impact on the environment is statutorily required
to prepare an EIA Report, and the Report must set out the potential impact of the
activity on the environment and plans for preventing/mitigating the same, as well as
clean up plans. All such Reports must be approved by the FME. Attached to the EIA
Act is a schedule of activities and industries for which environmental impact
assessments are mandatory. These include Agriculture, Airport, Drainage and
Irrigation, Land Reclamation, Fisheries, Forestry, Housing, Industry, Infrastructure,
Ports, Mining, Petroleum, Power Generation and Transmission, Quarries, Railways,
Transportation, Resort and Recreational Development, Waste Treatment and Disposal,
and Water Supply.

Any person who fails to comply with the provisions of the EIA Act commits an
offence and is liable on conviction, in the case of an individual, to a fine or to a term
of imprisonment for up to five years; and fines are also imposed on guilty firms or
corporations.

Furthermore, the FEPA Act empowers the FME to require the production for
examination of any license or permit granted to any person, to enter and search any
land or building, and to arrest any person whom they have reason to believe has
violated any environmental regulation.

The approach of regulatory agencies is the prevention of environmental damages, the

regulation of potentially harmful activities and the punishment of willful harmful
damage whenever this occurs. The environmental agencies also adopt the approach of
engaging individuals and communities at risk of potential environmental damage in
dialogue. The EIA approval process adopted by the FME involves a system of public
hearings during the EIA evaluation process and interested members of the public are
invited to such hearings

Public authorities are statutorily required to inform the public of environment-related

issues. The FEPA Act requires FEPA to collect and make available through
publications and other appropriate means and in cooperation with public or private
organisations, information pertaining to pollution and environmental protection
regulations.

The FME also issues guidelines from time to time for environmental impact
assessments for different industries and it also has publications which inform the
public of the prohibition of environmental pollution. Furthermore, members of the
public and persons requiring clarifications on environmental issues can visit the
offices of the FME or the relevant State environmental agency for
environment-related information.

As stated in question 1.2 above public hearings to which interested members of the
public are invited is a key part of the approval process for EIA reports by the relevant
agencies.

The different pieces of legislation on the protection of the environment contain

provisions for the issuance of environmental permits. Such permits are required for all
potentially environmentally sensitive activities and are typically granted by the FME
and the relevant State agencies. Specific legislation on permits include the
Radioactive Waste Management Regulations 2006 which provides that any person
generating or managing radioactive waste must apply for and obtain a permit from the
Nigerian Nuclear Regulatory Authority; the FEPA Act and the regulations made there
under.

The National Environment Protection (Pollution Abatement in Industries and

Facilities Generating Wastes) Regulations made pursuant to the FEPA Act provide
that a permit will be required:

 for storage, treatment and transportation of harmful toxic waste within

Nigeria;
 where effluents with constituents beyond permissible limits will be discharged
into public drains, rivers, lakes, sea, or as an underground injection;
 when oil in any form shall be discharged into public drains, rivers, lakes, sea,
or as an underground injection; and
 for an industry or a facility with a new point source of pollution or a new
process line with a new point source. Such an industry or facility shall apply to
the agency for a discharge permit.

Some permits are industry specific; e.g. in the oil and gas industry, the Directorate of
Petroleum Resources (DPR) also regulates environment issues, and operators in the
industry are required to obtain the necessary permits.

The Environmental Guidelines and Standards for the Petroleum Industry in Nigeria
(EGASPIN) 2002, published by the DPR provides that the Director of Petroleum
Resources shall issue permits for all aspects of oil-related effluent discharges from
point sources (gaseous, liquid and solid), and oil-related project development.