Environmental laws, enforcement and effect on nigerian. This is because of its ecological and political history, its exceptional diversity of species and ecosystems and its current economic and. He comes into contact with other individuals in different capacities. Environmental pollution control law section 12 of this law under the laws of lagos state makes it an offence to cause or permit a discharge of raw untreated human waste into any public drain, water course or onto any land or water. This is because it is nigerian legislation that gives life to other sources of law. Thus the formative years of institutional environmental regulation in nigeria could. Environmental pollution, types, causes, impact and management. Environmental issues, national environmental legislation and implementation of international environmental law. Examining environmental policies and laws in nigeria aliyu ibrahim kankara dept. The environment provides the required resources necessary for the actualization of individual potential. It is the pillar upon which the nigerian legal system rests. Ghana legal system an overview sturm college of law. The basis of environmental policy in nigeria is contained in the 1999 constitution of the federal republic of nigeria.
This article looks into the concepts of the polluter pays principle and the liability and compensation. The chapter, therefore, explores the lawmaking processes listed in article 38 in turn, and then moves on to consider newer processes. As a federation, there are numerous sources of environmental law including the constitution,22 international treaties, state laws, local government laws, and common law. Petroleum industry in nigeria environmental issues, national environmental legislation and implementation of international environmental law. This offence is punishable with a fine not exceeding n100, 000 one hundred thousand naira and in the case of a. Environment law in nigeria energy and natural resources. Environmental law is the collection of laws, regulations, agreements and common law that governs how humans interact with their environment. Developmental stages of environmental lawsregulatory frameworks and policiesstrategies in nigeria the development and evolution of environmental lawsregulatory frame works and by extension policiesstrate gies in nigeria with reference to the oil and gas industry can be divided into three major generations. Section 33 and 34 guarantee right to land and human dignity and it is said to associate with the necessity for safe and healthy environment. Sources of law can be definedas the places to which a. Examining environmental policies and laws in nigeria. This is the most important of the sources of nigerian law.
The interactional law framework takes seriously what international actors do, both as they continue to rely on sources listed in article 38, and as they develop new ways of making international law. Environmental pollution occurs when any material, organism or substance is introduced into the environment especially by the direct and indirect action of man, in more than its natural concentration which has detrimental effect on it and every other thing therein. It is a country with a current population of about 180 million people, and with different laws policies and constitutions to ensure that order is maintained. By this expression is understood the authority from which the laws derive their force. In order to know what comprises the law, you have to derive it from various places. In nigeria, there is virtually little or no official data relating to the harmful effects of toxic wastes on the environment. Nature and sources of nigerian legal system nigeria became a federation in 1954 with the introduction of a federal constitution by the nigerian constitution. Coker department of civil engineering university of ibadan ibadan environment according to federal environmental protection agency fepa act of 1990, under. According to obi ogbalu in his environmental regulation in nigeria, xiv real environmental legislation in nigeria was a product of national emergency. Environmental laws not only aim to protect the environment from harm, but they also determine. Federal environmental protection agency act 1988 no. Rethinking environmental law enforcement in nigeria. Environmental policy and its enforcement in nigeria 1. Environmental pollution and sustainable development in nigeria.
Scotland, for instance, has a hybrid form of law, as does. Gas flaring has been associated with many socioeconomic, political and health implication in. The case for a global environmental court of justice all the more challenging because there is hardly any viable means of conflict resolution. The nigerian constriction, for one, makes provision for environmental protection and management in sections 12, 20, 33 and 34. The history of environmental policy and pollution of water sources in nigeria 19602004. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries. The way forward joseph akinkugbe adelegan department of civil engineering, university of ibadan, ibadan, oyo state, nigeria. Failed promises and reviving community voices by eferiekose ukala abstract this note examines the use of litigation to stop gas flaring in nigerias niger delta, and proposes an alternative solution to the ongoing gas flaring in the niger delta region. What is the source of environmental laws in nigeria answers. Environmental policies and strategies in nigeria oil and gas. Gas flaring practices started since the first discovery of oil in the niger delta region of nigeria, and this practice has continued without seizure. These sources shall be more closely examined in part iii. The federal laws that affect social activity performed each day in environmental law and regulation are environmental impact assessment and. Environmental policy and sustainable development in nigeria it should be noted that the achievement of individual potential through the state is a function of the carrying capacity of the earth environment.
Hence the appeal for a global environmental law court of international jurisdiction. Environmental policy and its enforcement in nigeria. It consists of the exclusive list, concurrent list and residual list. Environmental and natural resource concerns rank highly in both continental and national priorities in africa. Community protests, civil disobedience, picketing, have been. Sources of law the constitution acts of parliament subsidiary legislation existing laws all laws existing prior to 1992 constitution common law of ghana i. Apr 18, 2012 what is the source of environmental laws in nigeria.
These contacts or associations are the inevitable consequence of modern civilization. Get free research paper on environmental pollution in nigeria. Under nigerian law, environmental law includes all the sources of nigerian law that impact the environment. Moreover, this gain helps to enforce the environmental standards as well as the liability and compensation mechanism that is in need of, for further development and better integration with this principle. Environmental law is a collective term encompassing aspects of the law that provide protection to the environment. The purpose of environmental law is to protect the environment and create rules for how people can use natural resources. Chapter 1 law and its sources introduction man is by nature a social being. However, events of the last decade on the socialpolitical terrain of the country is a pointer to the fact that environmental pollution a fairly. Pdf water resources use, abuse and regulation in nigeria. Development of environmental law in nigeria 6 environmental law in nigeria is that branch of public law, which contains rules and regulations, which have as their object or effect the protection of the environment.
It took over this function in 1999 from the federal environmental. Where a project for which an environmental assessment is not required under section 15 of this decree is to be carried out in nigeria and the agency or the president, commander in chief of the armed forces is of the opinion that the project is likely to cause serious adverse environmental effect on federal lands or on lands in respect of which a state or local government has interests, the. An act to establish the federal environmental protection agency with its functions and the powers for the effective implementation of such functions. The paper examines how environmental law and other relevant sources of law endeavoured to tackle noise pollution in the country. In civil law systems, the sources of law include the legal codes, such as the civil code or the criminal code, and custom.
The history of environmental policy and pollution of water. Water resources use, abuse and regulation in nigeria. The power of making all laws is in the people or their representatives, and none can have any force whatever, which is derived from any other source. This is approved for students in accountancy, business, computer science, economics, engineering, arts. Civil law systems often absorb ideas from the common law and viceversa. Nigerian legislation is the most important source of law because it is through nigerian legislation that other sources of law are validated into the nigerian jurisdiction. He explained further, the development of environmental regulation was greatly aided in the late 1980s by the kook incident that occurred in the country. Another defence under the law is that the breach of the environmental law or any permit given. These places from which the law is derived are aptly described as the sources of law. Sources of the law legal definition of sources of the law.