PLANNING THE NIGERIAN ENVIRONMENT: LAWS AND PROBLEMS OF

IMPLEMENTATION

BY

IKELEGBE [Link]. DR
Department of Geography &
Regional Planning,
University of Benin,
P.M.B.1154
Benin City, Edo State,
Nigeria.
Email: maromena@[Link]. Tel: +234 703163176

(Corresponding Author)

AND

ONWUEMELE ANDREW
Nigerian Institute of Social and
Economic Research,
Ibadan, Oyo state,
Nigeria
Email: inofitshout@[Link] Tel: +234 8028935767

1
 PLANNING THE NIGERIAN ENVIRONMENT: LAWS AND PROBLEMS OF IMPLEMENTATION

Abstract

In Nigeria, Environmental problems manifest in diverse forms such as environmental degradation (sheet and gully

erosion as well as flooding, drought, deforestation, pollution (land, air, and water). These among others are the

physical problems that beset environmental planners as well as policy makers in Nigeria. The paper reviews

environmental planning efforts in Nigeria from the 1900s till date and examines the main institutional and legal

framework for environmental planning in Nigeria. The paper attempts to examine some impediments to the

implementation of the various environmental regulatory statutes in Nigeria. The main problems identified relate to the

limitation of the legal framework, institutional bottlenecks, corruption, inadequate funding, inadequate environmental

impact assessment (EIA) and ignorance. Consequently, the paper calls for a need for a review of the Land Use Act in

order to ensure the security of land tenure on which the livelihood of the poor rural inhabitants are based. In addition,

environmental laws and its regulatory institutions in Nigeria should be reviewed with a view to recognizing the

fundamental rights of individuals to a healthy environment. There is need to also streamline the functions of each arm

of the government to avoid overlapping. Keywords: environment, environmental planning

Introduction

Nigeria has a total land area of 923,773 consisting of abundant and diverse renewable and non-renewable resources.

These consist of mineral, physical, biological and energy resources. Its mineral wealth should enable it to establish a

firm industrial base for rapid economic development. What she lacks is adequate planning, planning implementation

and monitoring in order to facilitate the desired developmental goals as enlisted in the nations development plans. This

failure remains a major challenge which all tiers of government are faced with. Each has embarked on a various

initiative and programs in recent years in order to abate their identified environmental challenges’. The paper is an

attempt to examine the problem of implementing the laws that guide environmental challenges in Nigeria.

1.0 Statement of the Problem

The environment provides all life support systems in the air, on water and on land as well as the materials for fulfilling

all her developmental aspirations. However, the Nigerian environment today presents a grim litany of woes. (Bankole,

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2006). Environmental problems manifest in diverse forms as a result of physical, human and biological factors.

Ecological disasters, environmental degradation such as sheet and gully erosion common in Eastern Nigeria, flooding in

Lagos and the issue of drought, deforestation in the Northern States and the pollution of land, air, and water common in

the industrialized West to East axis. These among others are the physical problems that beset environmental planners as

well as policy makers in Nigeria.

Man in an attempt to carry out his daily activities have also tampered with the natural environment in terms of pollution

of land, water and air, His activities have largely been bereft of the consciousness for environmental sustainability.

What is observable in our societies is a negative intrusion in the natural environment which is often replicated in poor

aesthetic quality and a threat to human health, human activities and agricultural practices. Government has therefore

enacted various environmental laws to guide, usage as well as protect the environment. The challenge before her is the

wherewithal to effectively implement these policies in order to achieve desired goals. This is the main thrust of this

paper.

2.0 Conceptual Framework

The paper attempts to define the term environment and environmental planning. Several scholars have defined the term

environment from varying perspectives. It is the setting of man’s various productive activities (Chokor, 1988). Sada

(1988) conceives the environment as a system within which living organisms interact with the physical elements. The

environment is the sum of all the features and conditions surrounding an organism that may influence it. It is the life

supporting media for organisms without which there would be no life. Even in the absence of man, the environment

undergoes continual changes and superimposed on natural environmental changes are those changes resulting from

man’s various livelihood activities that take place within the environment. These include farming, hunting, fishing,

mining and so on with the resultant man-made environmental degradation.

The recognition of the importance of the environment for human survival resulted in the issuing of Agenda 21 by the

Earth Summit in 1992, which urged all nations to include environmental planning as an integral part of their

development process. Environmental planning in this context is defined as those comprehensive planning activities

related to the preservation or enhancement of environmental quality (Munn, 1975). However, most developing

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countries, including Nigeria have long shown interest in environmental planning and have over time-established laws

and institutional framework to address a plethora of environmental problems, but few have been successful in

alleviating those problems (Bell, 2002). The main thrust of this paper is a review of the environmental planning scenario

in Nigeria and impediments to implementation of the various environmental regulatory statutes in Nigeria.

3.0 Literature Review

Several empirical studies have been carried out on environmental hazards and the need for planning and control of the

Nigerian environment. These include industrial solid waste in Enugu(Uchegbu2002,)flooding (Mba, 1996), biodiversity

(Phil- Eze,2001,) soil erosion (Ofomata 2001)urban solid waste management( Omuta G.E.D,1988;Ajakadike,

2001)among others. The legal framework for environmental pollution control has been examined by Uchegbu,

(1988),Udotong and Ikpang (2003), Nwafor (2006) argues that the development and proper application of legal

instruments in the field of environment is essential for the achievement of an environmentally sound and sustainable

development. Arunsi (1998) suggests possible strategies for environmental resource planning. These include legislation

on the control of hazards from exploration to implementation stages, landuse demarcation/ planning/control , zoning,

public participation in policy formulation, environmental education and enlightenment as well as cost-benefit analysis

of any action. In some areas of the North such as ecological disasters factors such as the invasion of the quella birds in

Jigawa and Adamawa State have also constituted a threat to the environment and agricultural activities in

general(Lazarus). Within large cities human activities such as the development of shanty towns, the indiscriminate

dumping of waste, building of sites, location of industries et ce tera all require adequate planning of the environment.

This government initiative so far is to set up both institutional and legal frameworks that will control and guide

development and environmental hazards.

4.0 Environmental Planning in Nigeria

In Nigeria, efforts at bringing about a cleaner environment have relied on a philosophy of pollution control. This has in

some cases involved costly measures and controversial political decisions. Consequently, some stakeholders, poor

communities and financially constrained enterprises have often argued that the environment is an expensive luxury that

diverts resources from more productive uses (Adelegan, 2004) This perspective is giving way to a new paradigm which

states that neglecting the environment can impose high economic and even financial costs, while many environmental

benefits can in fact be achieved at low cost (World Bank, 1998). In most parts of the world, the most common

framework for the management of environmental problems is through appropriate regulations. However, experience

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from Nigerian environmental policies and implementation has shown that the traditional command-and –control system

had not produced the desired result both economic and environmental wise (Adelegan, Ibid).

Environmental planning efforts in Nigeria can be traced back to the on-set of the Colonial rule in 1900s when

environmental protection efforts were through the colonial bye-laws. The colonial economic development policies and

plans constrained weak regulatory framework to protect the environment from degradation. The main laws during this

period were on water pollution and it included the Criminal Code of 1958 with section 246 aimed at controlling burial

in houses, the Public Health Act of 1958 which aims to control the spread of diseases, slaughtering of animals and

disposal of night soil and refuse. It is instructive to note that the fines and penalties for violators during the period were

liberal and poorly enforced.

In 1964, a committee was inaugurated comprising of the various Federal Ministries with the mandate to study the

problems of water pollution and formulate appropriate policies leading to the enactment of a Water Pollution Act of the

Federation. Another major milestone in environmental planning in Nigeria was the setting up of Expert Committee on

environmental health of the National Council of Health in 1970. Again, the mandate of the committee was to review

many proposals received on this subject with a view to recommending the establishment of a sanitary inspectorate in the

Federal Ministry of Health. Thus the formative years of institutional environmental regulation in Nigeria could be said

to have been characterized by the absence of clear scientific criteria and standards on toxic wastes and on pollution

levels, while the enforcement of basic environmental and household hygiene depended largely on qualitative legal rules

(Chokor, 1993)

In 1979, the Federal Constitution focused on environmental hygiene, with emphasis on refuse clearance, and the

management of liquid and solid wastes in abattoirs, residential homes and streets, all of which came under the

supervision of local government councils (Ola, 1984). Therefore, it can be argued that mainstreaming environmental

variables into development processes in Nigeria is largely a post – 1980 effort. Environmental sector budget, that is

allocations to environmental development and protection remained abysmally low, being generally under 2% of the

National budgets until recently. The setting aside of 3% of the Federation Account in the 1999 constitution (from 1% in

1991) as ecological fund for natural disasters of flood, erosion et cetera, represents the most formal allocation to

environmental activities (Chokor, 2005). Unfortunately, the utilization of these funds for environmental development is

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another problem as the funds have been misappropriated. The paper reviews the main institutional and legal framework

for environmental planning in Nigeria in the next section.

5.0 Institutional and Legal Framework of Environmental Planning in Nigeria

The report of the 1987 World Commission on Environment and Development (WCED) on a major toxic waste dump at

Koko, a small Port town in the then Bendel State, Nigeria, stimulated Government’s resolve to fully and rapidly

embrace the tenets of environmental protection (Bankole, 2006). The Federal Environment Protection Agency (FEPA)

was thus established by Decree No. 58 of 1978. In 1992, the Agency’s mandate was expanded by Decree No 59 to

cover conservation of natural resources and biological diversity. By 1998, each of the 36 states and the Federal Capital

Territory had established their individual Environmental Protection Agencies. A new Civilian Administration in 1999

gave environmental matters top priority attention in its development agenda by creating for the first time in our political

history, a Federal Ministry of Environment in June 1999 which absorbed and took over the functions of the existing

Federal Environmental Protection Agency. In order to have a holistic and co-ordinated approach to environmental

management, the following relevant Departments/Units from other Ministries were transferred to the new Federal

Ministry of Environment. Forestry Department (including Wildlife, Forestry Monitoring Evaluation and coordinating

Unit – FORMECU) of the Federal Ministry of Agriculture ; the Forestry Research Institute of Nigeria from Federal

Ministry of Agriculture; Environmental Health and Sanitation Unit of the Federal Ministry of Health; Oil and Gas

Pollution Control Unit of the Department of Petroleum Resources of the Federal Ministry of Petroleum Resources;

Coastal Erosion Unit, Environmental Assessment Division and Sanitation Unit of the Federal Ministry of Works and

Housing; and Soil Erosion and Flood Control Department of the Federal Ministry of Water Resources. In the same vein

some of the States have now created full-fledged State Ministries of Environment to replace their existing

Environmental Protection Agencies (Adelegan, 2005)

The main instruments of intervention in environmental management and planning in Nigeria are:

(i) The National Policy on Environment, first published in 1989 and revised in 1999.

(ii) The National Agenda 21 (published in 1999)

(iii) The National Guidelines and Standards for Environmental Pollution Ciontrol in Nigeria (published in

March, 1991)

(iv) National Effluent Limitation Regulation of 1991;

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(v) Pollution Abatement in Industries and Facilities Generating Wastes Regulations of 1991;

(vi) Waste Management Regulations S.I. 15 of 1991;

(vii) Environmental Impact Assessment (EIA) Decree No. 86 of 1992;

(viii) Procedural and Sectoral Guidelines of EIA; (Jan. 1999)

(ix) Natural Resources Conservation Action Plan;

(x) National Fuel Wood Substitution Programme;

(xi) National Guidelines on Waste Disposal Through Underground Injection; (1999)

(xii) National Guidelines & Standards for Water Quality in Nigeria;

(xiii) National Guidelines for Environmental Audit in Nigeria (June 1999)

(xiv) National Guidelines on Environmental Management Systems in Nigeria (June 1999);

(xv) National Guidelines for Spilled Oil Fingerprinting (June 1999);

(xvi) The Nigerian Urban and Regional Planning Law of 1992 and National Guidelines on Registration of

Environment Friendly Products and Eco-labeling (June 1999).

The foregoing clearly indicates government’s policy and legislation initiative and efforts in promoting

environmental planning and protection in Nigeria since the early 1990’s. In spite of these environmental laws in

Nigeria by various successive governments, paradoxically, environmental problems in Nigeria are on the increase

due to poor implementation and enforcement of the various laws. It is against this scenario that the paper focuses

on the problems of effective implementation of environmental planning laws in Nigeria.

6.0 IMPLEMENTATION PROBLEMS OF ENVIRONMENTAL PLANNING LAWS IN NIGERIA

The main challenges in the environment sector in Nigeria include solid waste management, land degradation,

pollution, flood and erosion, desertification, inefficient use of energy resources, loss of biodiversity, environmental

disasters and deforestation. The main problems of implementation of environmental planning and protection laws

in Nigeria relate to the limitation of the legal framework, institutional bottleneck and corruption, inadequate

funding, inadequate environmental impact assessment (EIA) and ignorance.

6.1 Limitations of the Legal Framework

The Constitution, despite its references to fundamental rights and protection of the citizenry, is almost silent on

issues related to environmental rights. However, Acts intended to protect the environment tended to be inconsistent

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and with no reference to fundamental right of individuals, as it fails to guarantee the right to security of tenure and

the right to a healthy environment. Thus organizations and individuals who pollute the environment are hardly

punished. At best, they are penalized with liberal charges, which have little or no effect on the organizations

society or the individuals. The corollary of this has been an unlimited pollution activities and degradation of

environmental quality in Nigeria.

6.2 Institutional Bottlenecks

The multiplicity of legislation from the Federal, State and Local Government level with no clear-cut regulatory

framework has made implementation of environmental planning laws rather ineffective. Thus, environmental laws

and regulations in Nigeria have largely been kept in breach than in observance. Even institutions created by law to

monitor the industry’s compliance with environmental standards have failed woefully to enforce the rules . At the

state and local government level for example, several departments are charged with the responsibility of

environmental protection including the health inspectors, Town Planners, Estate Surveyors et cetera. There is no

clear-cut definition of the function of each unit and thus there is overlapping of functions among the various units

making implementation of environmental laws cumbersome and unsuccessful.

6.3 Corruption.

The wide spread corruption which is entrenched has eaten deep into the fabric of the nation has untold impact on

the implementation of environmental laws both at the Federal, State and Local Government levels. Environmental

officers are often more concerned with visiting areas that would appear more financially lucrative to them.

Violators of environmental planning laws are often left unpunished with little gratification to enforcement officers.

The result of this has been continuous reduction and degradation in environmental quality in Nigeria. However, the

kick against indiscipline initiative of Lagos where specified streets are allotted to environmental officers is a

welcome initiative that will ensure an adequate coverage of the area landscape.

6.4 Inadequacy of Environmental Impact Assessment

The environmental impact assessment law requires all major development projects to undertake environmental

impact assessments; but these are not enforced. In situations where the assessments have been done, they are not

always thorough and in some cases officers have been lured into bribes so as to accept substandard structures.

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6.5 Inadequacy of Funding

The gross inadequacy of funding is another major problem facing the implementation of the various environmental

laws. For example, whereas huge sums of money were actually earmarked by various State Governments for the

execution of environmental projects, only very small amount are actually released to the implementing agencies for

actual operations. This compounds the problems of the implementing agencies.

6.6 Ignorance

Another major factor that has constituted a clog in the wheel of progress in the implementation of environmental

planning laws in Nigeria borders on ignorance and low level of awareness among the majority of the Nigerian

population. Although ignorance of the law is not an acceptable reason for violating environmental planning laws, it

is obvious there is a low level of awareness of environmental planning laws among the literate and non-literate

segments of the Nigeria population.

7.0 Suggestions for Effective Implementation of Environmental Planning Laws in Nigeria.

The sustainability of the Nigerian population is dependent on measures to replenish natural resources in order to

continue to provide the people with their sources of livelihood. To this end, there is need for political commitment

by the leadership, who must recognize that failure to protect the environment is a sin- qua-non-to failure in meeting

the aspirations of the people. The political, social, and economic consequences of government failure in this regard

will be too enormous for the nation. Consequently, this paper suggests that government should address the

following issues:

(1) The Land Use Act tends to discriminate against the poor people especially in rural areas. It does not provide

the security of land tenure on which their livelihood largely depends. This calls for a need for a review of the Land

Use Act. This law also entrusts the government with responsibility of controlling the land on behalf of the people.

This has made it possible for government and its agencies to acquire community land and its resources with little or

no protection of the land from degradation or ensuring the livelihood of the former owners in form of re-allotment

of land or compensation. The challenge therefore is how to find ways of ensuring that land can be appropriated in

the public interest without leaving the people impoverished. Again, the Environmental Impact Assessment Act was

intended not only to ensure that projects are implemented within laid-down norms and procedures, but also to put in

place mechanisms for ensuring a sustainable environment. Non-compliance with the law as documented is

incompatible with the need to protect the environment in the public interest. The government has the sole

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responsibility of enforcing the law as well as maintaining its interest as a major investor. In addition,

environmental laws and its regulatory institutions in Nigeria should be reviewed with a view to recognizing the

fundamental rights of individuals to a healthy environment. The liberal charges for violators of environmental laws

should be reviewed so as to act as deterrent to offenders. The policy option of “polluter – must – pay” principle of

financing and fiscal management of environmental problems should be strictly applied. Such payment should be

commensurate with the actual physical damage. This would serve as a deterrent to companies who pay and

continue to pollute the environment. However, the paper suggests that government should give the environmental

quality as well as the health of its citizenry an enormous priority and not to mortgage these for compensations.

(2) There is need to streamline the Federal, State and Local Government functions with respect to implementation

of environmental planning laws so as to avoid overlapping of functions and ensure compatibility of their various

environmental planning programs.

(3) The endemic corruption among enforcement officers should be checked and through methods such as direct

bank payments/mandatory sanitation rates by the citizenry. And corrupt enforcement officers should be

appropriately punished in terms of being sacked as to serve as future deterrent to others.

(4) Environmental planning should have both long range problem prevention perspectives as well as shorter-range

policy and programs planning goals (Abdullahi, 1988). There should be greater emphasis of environmental impact

analysis for all projects as it will help to provide relevant data needed for robust decision-making.

(5) The funding to environmental management programs at the moment is grossly inadequate. This could be

attributed to the multi-dimensional nature of environmental problems. Although, government at all levels has made

some frantic efforts in providing resources for environmental management projects, there is still a wide gap

between the appropriated resources and the environmental problems on ground. Also government should ensure

that resources released for environmental management programs are judiciously utilized for the purpose for which

it was released.

(6)There is no doubt the low level of environmental awareness in Nigeria could affect individual’s behaviour

towards his environment. Poor environmental habit and behaviour in Nigeria citizenry calls for government

attention. Therefore, government should mount strategic environmental campaigns to raise public awareness

through the various existing media in Nigeria.

8.0 Conclusion

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 The paper concludes that Nigeria’s degraded environment is a result of failure to implement appropriate policies, of

ineffective institutional arrangements for environmental management, poor funding and the low level of

environmental awareness among others factors. In rural areas, poor communities pay the price of this failure, in

terms of insecure access to land, low agricultural output, low incomes, and poor health. Addressing the situation

requires a holistic approach from the Federal, State and Local government level, which takes into consideration the

political, economic, and social dimensions of livelihoods in the formulation of policies, as required by Agenda 21

of the Earth Summit.

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