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

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

TABLE OF CONTENTS
Title page i

Certification ii
Approval iii
Dedication iv
Acknowledgements v
Table of Contents vii
Table of Cases x
Table of Statutes xii
Table of Abbreviation xiii
Abstract xiv
CHAPTER ONE:
INTRODUCTION
1.0 Introduction 1
1.1 Definition of Environment 8
1.2 Pollution 10
1.3 Types of Pollution and Sources 12
1.3.1 Water Pollution and Sources 12
1.3.2 Noise Pollution and Sources 15
1.3.3 Air Pollution and Sources 17
1.3.4 Land Pollution and Sources 19
CHAPTER TWO:
THE LEGAL FRAMEWORK FOR THE
CONTROL OF ENVIRONMENTAL POLLUTION IN NIGERIA

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

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

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

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

Legal Framework – Analysis 61
Institutional Framework – Analysis 79

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

TABLE OF CASES
A.C.F. v Commonwealth (1986) 146 CMLR 493
A.G. Lagos State v. AG Federation (2003) 12 NWLR (pt. 833).
Abacha & Ors. V. Gani Fawehinmi (2000)6 NWLR (pt. 660) p. 228
Abiola v. Ijeoma (1970) 2nd NLR 768
Adeniran v Interland Transport Limited (1986)2 NWLR (pt. 20) p.78
Allairou vs Shell BP. Suit number W/89/71 (unreported)
Such as Amos v Shell BP. (1977) 6 South Carolina. p. 9
Rev. Anthony Olubunmi Okojie & Ors. V. Attorney General of Lagos State (1981) 1 Nigerian Constitution Report 262.
Huawei Hinmi v. Akilu (1987) 4 NWLR (part 67) p. 797
Isaiah v. SPDC (2001) 11 NWLR (pt. 723) p. 168
Mcdonald v Associated Fuels Ltd (1954 (1954)3 D.L.R. 775
Nigerian National Petroleum Corporation v. Cell (2004) 4 NWLR (pt. 856) p. 379
Obasanjo v. Yusuf (2004) 9 NWLR (Teil 877) S. 144.
Masturbation Joke V. Seismograph Services Ltd (unreported) litigation. Number SHC/28/67
Oronto Douglass v SPDC and others (unreported) Complaint No. FHC/L/CS/573/931
Older Brother (1961) NLR 30
R.v. Inspectorate of Pollution Ex Parte Green Peace (1994) 2 CMLR 548, (1994) All E.R. 329
read v Lyods und Co. Ltd (1945) KB 216 p. 236.
Ryland v. Fetcher (1886) I.R. EX265

SP.D.C.v. H.B. Fisher (2002) 4 N.W.L.R. (part 758) p. 205
Seismograph Service vs. Mark (1993) 7 NWLR 203

seismometer service v. Ogbeni (1976) I.S.C. 85
Shela Zia v Water and Power Development Authority Plc (1994) SCA 16
Total (Nig.) Plc vs. I.I.R.A. (2004) 7 NWLR (pt. 873) p. 453
Umjae v. Shell BP (1975) 9-11 SC 172

Configuration table
Constitution of the Federal Republic of Nigeria, 1999 –
African Charter on the Rights of Persons and Peoples (Ratification and Enforcement) Act 1990 Cap of 10 laws of the Commonwealth of Nigeria
Article 77 Penal Code of the Commonwealth of Nigeria, 1990
Code of Criminal Procedure 1990, Cap of 80 Laws of the Commonwealth of Nigeria
Evidence Law, Cap 1 2 Nigerian Federal Laws, 1990
Related Gas Reinjection Method, Cap 26 LFN 1990
1994 Edo State Environmental Sanitation Ordinance
Environmental Health Ordinance 1994
Environmental Impact Assessment Act 1992 –
National Environmental Standards Regulations Enforcement Agency Act 2007
Hazardous Waste (Special Penalties) Act Cap 165, LFN, 1990
Navigable Oil Act Cap 337, LFN, 1990
OIL TERMINAL DUE ACT CAP 339 LFN, 1990
Petroleum Law Cap 310 LFN, 1990
Oil Drilling and Production Regulation Cap 350 LFN, 1990
Mineral Oil Safety Regulations, Cap 350 LFN, 1990
Oyo State Environmental Sanitation Ordinance, 1986
Civil Aviation Act Cap 51 Federal Law of Nigeria 1990
Lagos State Environmental Sanitation Ordinance No. 3 1998
1987 Basel Convention
1991 Bomaco Convention
1972 Stockholm Conference
Abbreviations table
A.C. Appeal Case
All ER All England Reports
A.N.L.R. All legal reports in Nigeria
Kr. app. R. Criminal Appeal Report
E.N.L.R. Eastern Nigeria Legal Reporting
NLR Nigeria Legal Report
N.M.L.R. Nigeria Monthly Legal Report
N.R.N.L.R. Legal Reporting for Northern Regions of Nigeria
N.S.C.C. Cases of the Supreme Court of Nigeria
N.W.L.R. Weekly Legal Report of Nigeria
Q.B.Queen’s Bench
S.C.N.J. Decision of the Supreme Court of Nigeria
W.A.C.A. Selected Decisions of the West African Court of Appeals
W.L.R. Weekly Legal Report
W.R.N.L.R. Legal Reporting for the Western Region of Nigeria
KB Kings Bench Row Report

overview

This project addresses the legal and institutional framework for pollution control in Nigeria.
Pollution leads to environmental degradation that is the result of industrialization. In Nigeria, there are laws enacted to protect the environment. There are also agencies established to enforce these laws. However, recent experience shows that despite these laws and institutions, the environment (air, water, soil) is still being polluted by humans. But it is in this environment that humans live.
This long essay is a contribution to the relationship between humans and the environment. This work is important because it is life threatening. To protect life, we must protect the environment. This is true not only for the current generation, but also for future generations of Nigerians.
The key question, therefore, is not to shut down all domestic, commercial and industrial activities in order to maintain environmental quality, but to examine the legal and institutional framework for pollution control in Nigeria to see if this can be achieved. is to check whether it is the purpose of their enactment and establishment; If they do, we’re done, but if they don’t, we’ll make specific recommendations on the effectiveness of laws and institutions.
This work is limited to Nigerian environmental laws and institutions. Positions of other countries for the purpose of thorough analysis and suitable comparative analysis. Incidentally, I mention Canada and the United States. During the course of this study, several confounding factors may emerge that may prevent researchers from submitting an error-free and complete study in this study.These include:
Lack of examples related to environmental issues. Also, the issue of laying hands both abroad and abroad is taken into account.

Nonetheless, the above intervening variables should not prevent researchers from presenting analytical work based on this topic.
This research work is based on a critical and analytical investigation of the subject and is divided into the following chapters.

chapter One:
Foreword
Chapter 2:
Legal Framework for Pollution Control in Nigeria.
Chapter 3:
Institutional Framework for Pollution Control in Nigeria.
Chapter 4:
Analysis of the legal and institutional framework for pollution control in Nigeria.
Chapter 5:
Conclusions and recommendations.