CHAPTER 1

WASTE MANAGEMENT
According to the World Health Organization (WHO) and related United Nation guidance, waste
management involves the entire process of managing waste from creation to final disposal, including
collection, transport, treatment, and disposal, with a strong focus on protecting public health, especially
vulnerable populations, and the environment by preventing contamination from solid, liquid, or gaseous
waste streams, aiming to reduce landfill impact and recover resources. Waste management or waste
disposal includes the processes and actions required to manage waste from its inception to its final
disposal.1 Waste can either be solid, liquid, or gases and each type has different methods of disposal and
management.

Waste management deals with all types of waste, including industrial, chemical, municipal, organic,
biomedical, and radioactive wastes. In some cases, waste can pose a threat to human health.2 Waste is
produced by human activity, for example, the extraction and processing of raw materials. Waste
management is intended to reduce the adverse effects of waste on human health, the environment,
planetary resources, and aesthetics. Health issues are associated with the entire process of waste
management. Health issues can also arise indirectly or directly: directly through the handling of solid
waste, and indirectly through the consumption of water, soil, and food. 3 Poor waste management in
Nigeria has profound implications for public health, contributing to the spread of infectious diseases,
environmental contamination, and chronic health conditions. Indiscriminate dumping and open burning
of waste create breeding grounds for disease vectors such as mosquitoes and rodents, leading to
outbreaks of malaria, cholera, and typhoid. For instance, improper disposal practices have been linked to
respiratory diseases, skin irritations, gastrointestinal issues, and increased risks of vector-borne illnesses
like dengue fever and leptospirosis.

A study highlights that "solid waste posed a serious health hazard and lead to the spread of infectious
diseases" due to household waste generation in urban areas like Bekwarra. [Public health implication of
solid waste generated by households in Bekwarra Local government area, PMC, 2022].

Furthermore, healthcare waste, if not segregated and treated properly, poses additional risks, including
exposure to hazardous materials that can cause infections and long-term health effects. Research
indicates that "the health burden stemming from improper waste disposal is substantial, encompassing
risks such as the spread of infectious diseases, respiratory complications." 4 Electronic waste (e-waste)
management is particularly problematic, with informal recycling leading to toxic exposures linked to

1 United Nations Statistics division 'Environmental Statistics' [2017] (17)

2 Giusti 'A review of Waste Management Practices and their impact on human health' [2009] (1)

3 (n2)

4 Lippincott Williams & Wilkins, (Understanding the Health Burden of Inadequate Waste Disposal, 2024)
cancer, neurological damage, and reproductive issues. In markets like Owerri, women's health-seeking
behaviors are influenced by waste-related hazards, underscoring gender-specific vulnerabilities. Illegal
dumping further contaminates water, soil, and air, resulting in "severe environmental and health
consequences, including water, soil, and air contamination, and the spread of diseases." [An Evaluation
of the Impact of Illegal Dumping of Solid Waste on Public Health in Okigwe Dump Site, Nigeria, PMC, 2023]
Municipal solid waste workers face occupational hazards such as physical fatigue, allergies, and
heightened disease risks. Despite the creation of regulatory agencies such as the Federal Environmental
Protection Agency (FEPA) and state-level bodies like the Lagos Waste Management Authority (LAWMA),
Nigeria's waste governance remains fragmented, marked by weak enforcement and limited coordination.

LEGAL FRAMEWORK GOVERNING WASTE MANAGEMENT AND PUBLIC HEALTH

Nigeria's legal regime on waste management is anchored in environmental and health laws aimed at
mitigating public health risks. The National Environmental Standards and Regulations Enforcement
Agency (NESREA) Act of 2007 serves as the primary instrument, repealing the earlier Federal
Environmental Protection Agency Act and empowering NESREA to enforce standards on waste disposal,
pollution control, and hazardous substance. Specific to healthcare waste, the National Environmental
(Healthcare Waste Control) Regulations, 2021, prohibit open burning and mandate proper storage,
treatment, and disposal in licensed facilities. Regulation 29 states: "Prohibition of burning of healthcare
waste. [National Environmental (Healthcare Waste Control) Regulations, 2021, NESREA] The National
Healthcare Waste Management Policy (2013) emphasizes safe practices, noting that "in spite of existing
different legal edits, bye-laws referencing healthcare waste management in Nigeria, safe HCWM is far
from being achieved."

Additionally, the Harmful Waste (Special Criminal Provisions) Act criminalizes illegal dumping of toxic
wastes, while state laws, such as Lagos State's Environmental Management and Protection Law, impose
fines and penalties for violations.

The 2009 environmental regulatory policy restricts illegal household trash disposal by introducing trash
bins in select areas. Despite these, systemic failures persist due to weak implementation. The Constitution
of the Federal Republic of Nigeria (1999) under Section 20 mandates the state to protect and improve the
environment, indirectly linking to public health rights under Section 17(3)(c), which promotes social
welfare.

JUDICIAL PRECEDENTS AND ENFORCEMENT CHALLENGES

Nigerian courts have increasingly addressed waste-related environmental pollution through public
interest litigation. In Centre for Oil Pollution Watch v. Nigerian National Petroleum Corporation, the
Supreme Court upheld the right to a clean environment, ordering remediation for oil spills that
contaminated water sources and affected public health. The court noted: "the Nigerian Supreme Court in
a unanimous decision of 7-0" affirmed liability for environmental damage. 5 In Dooh v. Shell, Shell's
Nigerian subsidiary was held liable for oil spills causing health harms, with compensation awarded.

Domestically, in a 2018 Lagos High Court case, private waste operators challenged the state's waste
management policies, highlighting enforcement gaps. Challenges in prosecution include locus standi
barriers, though relaxed in environmental cases, and inadequate sentencing. Courts often rely on
restitution, but "restitution which is the most commonly used form of sentencing by Nigerian courts in
environmental cases is not expressly provided for in the enabling laws." Proposals for specialized
environmental courts could enforce extended producer responsibility and curb indiscriminate dumping.

In conclusion, waste management in Nigeria is undeniably a public health emergency, demanding urgent
legal and policy reforms. By leveraging existing frameworks and judicial activism, Nigeria can mitigate
health risks and foster a sustainable environment. Proper management of waste is important for building
sustainable and liveable cities, but it remains a challenge for many developing countries and cities. A
report found that effective waste management is relatively expensive, usually comprising 20%–50% of
municipal budgets. Operating this essential municipal service requires integrated systems that are
efficient, sustainable, and socially supported.6

5 'Environmental Public Interest Litigation in Nigeria' (2021) UNIZIK Journal of Public and Private Law

6 'Solid Waste Management ' ( 2020) World Bank

 CHAPTER 2

AIR POLLUTION

Air pollution represents one of the most pressing environmental crises of our time, infiltrating
the air we breathe and silently undermining global health, economies, and ecosystems. Every
year, it claims over 7 million lives prematurely, according to the World Health Organization,
through respiratory diseases, heart conditions, and even cognitive impairments in children. 7
Driven by industrial emissions, vehicle exhaust, deforestation, and fossil fuel combustion, this
invisible threat disproportionately burdens urban populations and low-income communities,
demanding urgent action through policy reforms, technological innovation, and collective
responsibility.

Air pollution involves the harmful release of particles, gases, and chemicals into the Earth's
atmosphere, primarily from human sources like burning fossil fuels in vehicles, power plants,
industries, and homes. These contaminants, including particulate matter, nitrogen oxides, sulfur
dioxide, and ozone, degrade air quality, cause respiratory illnesses, heart disease, and premature
deaths, while also driving climate change through greenhouse effects. Natural factors like
wildfires add to it, but anthropogenic emissions dominate globally.8

The World Health Organization defines air pollution as the contamination of the indoor or
outdoor environment by chemical, physical or biological agents that modify the natural
characteristics of the atmosphere.9

PROBLEMS OF AIR POLLUTION IN NIGERIA

Air pollution remains a critical environmental challenge in Nigeria, largely resulting from gas
flaring, industrial emissions, vehicular exhaust, generator use, and improper waste management.
Beyond its environmental and health implications, air pollution raises serious legal and human
rights concerns, which Nigerian courts have increasingly addressed through judicial decisions.

1. Health Effects of Air Pollution in Nigeria

Air pollution has severe consequences for public health in Nigeria. Exposure to pollutants such as
particulate matter, carbon monoxide, sulfur dioxide, and nitrogen oxides has been linked to

7< [Link] 29 Dec 2025

8 <[Link] 29 Dec 2025
9 World Health Organization, Air pollution fact sheet(2022).
respiratory diseases, cardiovascular conditions, and premature deaths. Urban centres like Lagos,
Port Harcourt, and Aba frequently record air quality levels above World Health Organization
standards.10

Indoor air pollution from the use of firewood and kerosene for cooking further increases health
risks, particularly for women and children in rural communities. 11 The Nigerian judiciary has
recognized the link between environmental pollution and the right to health, thereby expanding
the scope of constitutional protection for citizens. 12

2. Environmental Degradation.
Gas flaring in the Niger Delta is one of the most significant sources of air pollution in Nigeria. The
continuous release of harmful gases has resulted in acid rain, destruction of farmlands,
contamination of water bodies, and damage to buildings.13

In the case of Gbemre v Shell Petroleum Development Company (Nigeria) Ltd, the Federal High
Court held that gas flaring violated the fundamental rights to life and dignity of the human person
guaranteed under sections 33 and 34 of the 1999 Constitution. 14

The court ordered the respondents to take immediate steps to stop gas flaring, thereby affirming
that environmental pollution is a justiciable human rights issue in Nigeria.

3. Climate Change and Socio-Economic Impact.

Air pollution contributes significantly to climate change through greenhouse gas emissions. In
Nigeria, this has led to desertification in the north, flooding in coastal and riverine areas, and
erratic rainfall patterns affecting agriculture. 15 These environmental changes have worsened
poverty, famine, insecurity, and internal displacement.

In Centre for Oil Pollution Watch v Nigerian National Petroleum Corporation, the Supreme Court
broadened access to environmental justice by affirming the locus standi of non-governmental

10 Federal Ministry of Environment, National Policy on the Environment (Revised edn, 2016).
11 World Health Organization, Household Air Pollution and Health (WHO 2022).

12 Constitution of the Federal Republic of Nigeria 1999 (as amended) ss 33-34.

13 Amnesty International, Nigeria: Petroleum, Pollution and Poverty in the Niger Delta (2009).

14 Gbemre v Shell Petroleum Development Company (Nigeria) Ltd (2005) AHRLR 151 (NgHC).

15 Intergovernmental Panel on Climate Change, Climate Change 2021: Impacts, Adaptation and Vulnerability (IPCC 2021).
organisations to institute environmental actions on behalf of affected communities. 16 This
decision strengthened public interest litigation as a tool for addressing pollution-related harm.

4. Economic and Social Effects.

The economic cost of air pollution in Nigeria is substantial. Pollution-related illnesses increase
healthcare expenditure, reduce workforce productivity, and strain public resources. The World
Bank estimates that environmental pollution costs Nigeria billions of naira annually.17

Socially, air pollution affects local communities, particularly those living near oil installations and
industrial zones. In Social and Economic Rights Action Centre (SERAC) v Federal Republic of
Nigeria, the African Commission on Human and Peoples' Rights held that Nigeria had violated the
rights to health, a clean environment, and human dignity by failing to prevent environmental
pollution in the Niger Delta.18 Although not a domestic court decision, the case has persuasive
authority and has influenced environmental rights discourse in Nigeria.

5. Regulatory and Enforcement Challenges.

Nigeria has enacted laws such as the NESREA Act 2007 and various National Environmental
Regulations aimed at controlling air pollution. However, enforcement remains weak due to
institutional inefficiencies, lack of political will, and inadequate penalties.

In Shell Petroleum Development Company v Isaiah, the Supreme Court emphasized corporate
responsibility for environmental harm, holding oil companies liable for pollution caused by their
operations. 19 This case reinforces the principle that polluters must bear the cost of
environmental damage.

Air pollution in Nigeria presents serious health, environmental, economic, and legal challenges.
Nigerian courts have increasingly recognized environmental protection as an aspect of
fundamental human rights, particularly the rights to life and dignity. Through landmark decisions
such as Gbemre v Shell and SERAC v Nigeria, the judiciary has played a vital role in addressing.
the effects of air pollution. Nevertheless, effective enforcement of environmental laws and

16 Centre for Oil Pollution Watch v Nigerian National Petroleum Corporation (2019) 5 NWLR (Pt 1666) 518 (SC).

17 World Bank, The Cost of Environmental Degradation in Nigeria (2016).

18 Social and Economic Rights Action Centre (SERAC) v Nigeria (2001) AHRLR 60 (ACHPR).

19 Shell Petroleum Development Company Ltd v Isaiah (2001) 11 NWLR (Pt 723) 168 (SC).
stronger regulatory frameworks are necessary to ensure sustainable development and
environmental justice in Nigeria.

LEGAL AND REGULATORY FRAMEWORK ON AIR POLLUTION IN NIGERIA

1. The Constitution.
The 1999 Constitution of the Federal Republic of Nigeria (as amended) provides the foundational basis for
environmental protection. Section 20 mandates the State to protect and improve the environment and
safeguard the air, land, water, forest and wildlife of Nigeria. 20 Although this provision falls under the
Fundamental Objectives and Directive Principles of State Policy and is not justiciable, Nigerian courts have
increasingly relied on it as a guide in environmental adjudication.21

[Link] Environmental Standards and Regulations Enforcement Agency (NESREA) Act 2007.

The NESREA Act is the principal legislation regulating environmental pollution in Nigeria. The Act
empowers NESREA to enforce compliance with environmental standards, including air quality standards. 22
Section 7 of the Act authorizes the Agency to enforce compliance with laws, guidelines, and policies
relating to air pollution and atmospheric protection.23

NESREA has also issued specific regulations pursuant to its powers, including:
a. National Environmental (Air Quality Control) Regulations 2014. 24
b. National Environmental (Control of Vehicular Emissions from Petrol and Diesel Engines)
Regulations 2011.25

These regulations prescribe permissible emission limits and impose penalties for violations.

3. Petroleum Industry Act (PIA) 2021

20 Constitution of the Federal Republic of Nigeria 1999 (as amended) s 20.

21 Attorney-General of Ondo State v Attorney-General of the Federation (2002) 9.

22 Nesrea Act 2007, s 2.

23 ibid s.7.

24 National Environmental (Air Quality Control) Regulations 2014.

25 National Environmental (Control of Vehicular Emissions) Regulations 2011.

The PIA addresses air pollution arising from petroleum operations, particularly gas flaring. Section 104
prohibits routine gas flaring except under permitted circumstances.26 Operators who violate this provision
are liable to penalties, and the proceeds are applied towards. 27

26 Petroleum Industry Act 2021,s 104.

27 ibid s.105.
 CHAPTER 3

LAND POLLUTION

INTRODUCTION
Land pollution, this is the deposition of solid or liquid waste materials on land or underground in a manner that
can contaminate. the soil and groundwater, threaten public health, and cause unsightly conditions and
nuisances.28

Waste materials leading to land pollution are broadly classified as municipal solid waste (MSW), construction
and demolition (C&D) waste, and hazardous waste. MSW encompasses garbage, rubbish, and trash from homes
and institutions, while C&D waste includes materials such as wood and concrete from building activities29
Hazardous wastes are harmful substances generated by various industries, and improper disposal of these can
cause land pollution, as can contaminated effluent from subsurface sewage disposal. 30

Land pollution is defined as the deposition of waste materials on or under land in a way that contaminates soil
and groundwater, poses risks to public health, and creates nuisances. 31 The main categories of waste causing
land pollution include municipal solid waste (MSW), construction and demolition (C&D) waste, and hazardous
waste. MSW encompasses garbage, rubbish, and trash from various sources, while C&D waste comes from
building activities, and hazardous waste involves dangerous substances from industries characterized by toxicity,
reactivity, ignitability, or corrosivity. 32

EFFECT OF LAND POLLUTION

In Nigeria, land pollution—primarily driven by indiscriminate waste disposal, oil exploration in the Niger Delta,
and unregulated industrial discharge—presents a severe threat to public health.33 By 2026, environmental and
health researchers have identified that the contamination of soil by heavy metals and hazardous waste directly
correlates with increased morbidity across the federation. 34 The following are five significant health effects of
land pollution in Nigeria:

28JA Nathanson, "Land Pollution". Encyclopedia Britannica,

[Link] Accessed 10 January 2026.

29 ibid.

30 ibid.

31 ibid.

32 ibid.

33G Iregbu, ‘Poor Solid Waste Management in Nigeria: A Crisis Affecting Public Health, Environment, and Socio-Economic
Stability’ (LinkedIn, 12 August 2024) < [Link]> accessed 2 January 2026.

34
HT Pona and others, ‘Environmental health situation in Nigeria: current status and future needs’ (2021)
11(12) Heliyon [Link] 10 January 2026.
Proliferation of Vector-Borne and Infectious Diseases
Indiscriminate dumping of solid and sewage waste creates stagnant water pools and breeding grounds for
disease-carrying pests such as mosquitoes and rodents. In urban centers like Lagos and Minna, this has been
directly linked to high incidences of malaria, yellow fever, Lassa fever, and cholera.35Poorly managed dumpsites
facilitate the survival of microbial pathogens, which are then transmitted to nearby residents through direct
contact or vectors.36

Chronic Respiratory Disorders

Land pollution often leads to secondary air pollution when non-biodegradable waste is burned in open
dumpsites. The resulting toxic fumes, containing dioxins and furans, cause significant lung health challenges,
including chronic bronchitis, asthma, and pneumonia. 37 Residents living near large landfills in major cities
frequently report persistent chest pains and nasal congestion due to these pollutants. 38

Heavy Metal Poisoning and Organ Damage

Industrial and electronic waste (e-waste) releases dangerous heavy metals like lead, mercury, and arsenic into
the soil. These toxins can be absorbed by the body through skin contact or accidental ingestion of contaminated
dust. Long-term exposure in Nigerian industrial zones has been associated with kidney failure, liver damage,
and neurological conditions. 39

Heightened Cancer Risks

Nigerian soils contaminated by petroleum hydrocarbons and industrial chemicals pose a significant
carcinogenic risk. Agricultural products grown on polluted land can accumulate these carcinogens through
biomagnification, where toxins become more concentrated as they move up the food chain to humans. 40
Recent studies indicate a rising trend in cancer cases among populations in oil-producing regions due to soil-
based chemical exposure.41

35
AC Ileanwa, EM Atahchegbe and AA Ekule, ‘Impact of land pollution on the wellbeing of neighbourhoods in Minna, Nigeria’
(2020) 1(3) Central Asian Journal of Environmental Science and Technology Innovation 143 < [Link] > accessed 2
January 2026.
36 HC Umunnakwe and others, ‘Waste Disposal Practices and their Impacts on Human Health in Aba Urban South-Eastern

Nigeria’ (2021) 1(1) Journal of Urban and Regional Planning < [Link]> accessed 10 January 2026.
37 T Dakshina, ‘Land Pollution and Its Effects on Health’ (2023) 1(1) Journal of Water <[Link]> accessed 2 January

2026.
38
Ileanwa, Atahchegbe and Ekule (n3).
39 Pona and others (n2).
40
Dakshina (n5).
41 Pona and others (n2).
Developmental and Reproductive Issues

Vulnerable populations, particularly children, are at the highest risk for developmental delays when exposed to
land pollutants. Lead exposure from contaminated land is known to cause mental and neurological disorders in
Nigerian children, while other persistent organic pollutants in the soil have been linked to reproductive
disorders and neonatal complications.¹42

LEGAL FRAMEWORKS ON LAND POLLUTION CONTROL IN NIGERIA

1. National Environmental Standards and Regulations Enforcement Agency (NESREA) Act

The NESREA Act is the primary environmental legislation in Nigeria, replacing the defunct Federal
Environmental Protection Agency (FEPA).43 It empowers the Agency to enforce compliance with laws,
guidelines, and policies on environmental matters, including the prevention of land degradation. The
Act specifically prohibits the discharge of hazardous substances into the environment, including
Nigerian soil, and provides for heavy penalties and "polluter pays" principles to ensure land
restoration.44

2. Environmental Impact Assessment (EIA)

The EIA Act is a preventive legal tool that mandates a detailed assessment of any major project likely
to affect the Nigerian environment, including land and soil quality.45 Before projects such as mining,
industrial manufacturing, or large-scale waste disposal can commence, the proponent must
demonstrate how they intend to mitigate land pollution. This framework ensures that potential soil
contamination is identified and addressed during the planning stages of development.46

3. Harmful Waste (Special Criminal Provisions, Etc.) Act

This Act was enacted following the Koko toxic waste incident to provide a strict legal deterrent against
the dumping of hazardous materials on Nigerian land.47 It makes it a criminal offense for any person

42 Dakshina (n5).

43 National Environmental Standards and Regulations Enforcement Agency (Establishment) Act 2007.

44G Iregbu, ‘Poor Solid Waste Management in Nigeria: A Crisis Affecting Public Health, Environment, and Socio-Economic
Stability’ (LinkedIn, 12 August 2024) <[Link]> accessed 2 January 2026.

45 Environmental Impact Assessment Act 1992.

46
HT Pona and others, ‘Environmental health situation in Nigeria: current status and future needs’ (2021)
11(12) Heliyon <[Link]> accessed 10 January 2026.

47 Harmful Waste (Special Criminal Provisions, Etc.) Act 1988.

 to carry, deposit, or dump harmful waste on any land or territorial waters in Nigeria without lawful
authority. The Act is notable for its stringent penalties, including life imprisonment for those found
guilty of dumping toxic substances that lead to land contamination.48
4. National Environmental (Sanitation and Waste Control) Regulations
These regulations provide a detailed legal framework for the collection, treatment, and disposal of
solid and liquid waste to prevent land pollution. 49 They mandate that all owners and occupiers of
premises must provide adequate waste bins and prohibit the littering or burning of waste in
unauthorized locations. This framework also regulates the operation of landfills and ensures that
industrial waste is treated before being discharged, thereby protecting the soil from chemical
pollutants.50

48WIN, ‘Pollution Control in Nigeria: Cause, Effects and Solutions’ (Women Impacting Nigeria, 2023)
< [Link]> accessed 2 January 2026.

49 National Environmental (Sanitation and Waste Control) Regulations 2009.

50 G Iregbu (n17).
 CHAPTER 4

WATER POLLUTION

INTRODUCTION

Water pollution is a critical environmental challenge in Nigeria, threatening health, livelihoods, and
ecosystems.¹ Rivers, lakes, groundwater, and coastal waters are increasingly contaminated due to
industrial, agricultural, domestic, and oil-related activities.² Key contributors include industrial effluents,
agricultural runoff, oil spills, untreated sewage, and improper waste disposal.³ These factors have
degraded water quality, reduced potable water access, and affected public health and socio-economic
development.

CAUSES OF WATER POLLUTION

Industrial Discharges: Many factories release untreated effluents containing heavy metals and toxic
chemicals into rivers, violating environmental laws.⁴

Oil Spills: Pipeline leaks and oil exploration in the Niger Delta have polluted surface and groundwater,
destroyed aquatic ecosystems, and made water unsafe for consumption.⁵

Agricultural Runoff: Excessive fertilizers and pesticides enter rivers and groundwater, causing nutrient
pollution and contamination.⁶

Domestic Sewage: Rapid urban growth has overwhelmed sewage systems, resulting in the discharge of
untreated sewage into water bodies.⁷

Improper Waste Disposal: Open dumping of solid and hazardous wastes allows toxins to leach into rivers
and groundwater.⁸

EFFECTS OF WATER POLLUTION

Health Impacts: Contaminated water causes cholera, typhoid, diarrhea, hepatitis, and long-term exposure
to heavy metals may lead to organ damage and cancer.9

Economic Impacts: Declining fish stocks harm fishermen, contaminated irrigation water reduces crop
yields, and governments incur costs in water treatment, healthcare, and environmental remediation.10

Environmental Impacts: Aquatic ecosystems are destroyed, biodiversity is lost, and soil and groundwater
are contaminated. Oil spills further reduce soil fertility and make land uninhabitable. 11
LEGAL FRAMEWORK

NESREA Act 2007 (as amended): Establishes NESREA as the primary environmental regulator, empowered
to enforce standards, issue permits, conduct inspections, and prosecute offenders. 12

National Environmental (Surface and Groundwater Quality Control) Regulations 2011: Sets standards for
water quality, prohibits harmful discharges, and defines pollutant limits.13

Water Resources Act: Governs water use and protection, making pollution of water bodies an offence. 14

Harmful Waste (Special Criminal Provisions) Act: Criminalizes dumping of toxic or hazardous waste into
land or water.15

Environmental Impact Assessment Act: Requires environmental assessments for projects likely to affect
water resources.16

ENFORCEMENT AND CHALLENGES

NESREA enforces laws through inspections, monitoring, permits, compliance reporting, fines, permit
revocation, and prosecution.17 NGOs and state agencies also support monitoring and reporting.

Challenges include limited technical capacity and funding, overlapping mandates, low public awareness,
weak community involvement, and judicial delays.18 These hinder effective enforcement and reduce the
impact of existing regulations.

RECOMMENDATIONS

To strengthen water pollution control:

Improve funding and technical capacity of NESREA and related agencies.

Intensify public awareness campaigns to encourage community participation.

Enforce penalties strictly to deter violators.

Improve coordination among federal, state, and local authorities.

CONCLUSION

Nigeria’s legal framework provides a solid foundation for preventing water pollution, but enforcement
gaps and weak institutional capacity limit effectiveness. Strengthening agencies, enhancing public
awareness, and ensuring compliance are essential for sustainable water resource management and public
health protection.
Footnotes (Already inserted in the text as proper footnotes)
1National Environmental Standards and Regulations Enforcement Agency (NESREA), Our Functions,
[Link] accessed 2024.
2U D Ikoni, Water Pollution Regulation in Nigeria: Law and Practice’ (2022) 11 BSU Law Journal 45.
3Ikoni (n 2).

Ikoni (n 2).
Ikoni (n 2).
4Tajudeen O Yahaya and others, ‘The Concentration and Health Risk Assessment of Heavy Metals and

Microorganisms in the Groundwater of Lagos, Southwest Nigeria’ (2021) arXiv.

5Ikoni (n 2).
6Ikoni (n 2).
7Yahaya and others (n 6).
8Ibid.
9Ikoni (n 2).
10Ibid.
11Ibid.
12NESREA Act 2007 (as amended), s 1.

NESREA Act 2007, ss 7–8.

13National Environmental (Surface and Groundwater Quality Control) Regulations 2011 (SI No 22 of 2011).
14Water Resources Act, Cap W2 LFN 2004.
15Harmful Waste (Special Criminal Provisions) Act, Cap H1 LFN 2004.
16Environmental Impact Assessment Act, Cap E12 LFN 2004.
16NESREA, Inspection and Enforcement, [Link] accessed

2024.
17NESREA Act 2007, ss 23–25.
18Ikoni (n 2).
 CHAPTER 5

NOISE POLLUTION
1.1 DEFINITION OF NOISE POLLUTION:

Noise pollution is also known as environmental noise or sound.51 Noise is defined as unwanted
sound. Pollution on the other hand, refers to the introduction of contaminants into the environment
capable of causing negative effects and harm. 52 Noise pollution can be defined as unwanted sound,
capable of causing both mental and physical harm. 53 Noise pollution is defined as unwanted and
harmful sound which can interfere with normal activities such as sleeping, conversation, working
and can contribute to adverse health effects.54 Also, chronic exposure to high levels of noise can
lead to significant health problems such as hypertension, heart disease, and stroke. Noise pollution
is a significant environmental issue caused by human-related activities such as transportation,
industrialization, and urbanization. 55 Noise pollution has a wide range of effects, from hearing loss
to cardiovascular disease, stress, and sleep difficulties.56 Noise pollution is typically characterized
by its intensity, duration, and frequency, and it can have various sources.

1.2 SOURCES OF NOISE POLLUTION

1.2.1 RAILWAY NOISE

51Noise Pollution and its Effects on Human Health: A Review <[Link]

20 December 2025

52 ibid.

53 Noise Pollution and its Effects on Human Mental and Physical Health
<[Link] accessed 20 December 2025

54Annoyance From Transportation Noise: Environmental Health Perspectives <[Link]

accessed 20 December 2025

55 Understanding the Concept of Noise Pollution: Sources, Impacts and Mitigation

Strategies<[Link] accused 20 December 2025

56 ibid.
 Railway noise, generated by trains and associated infrastructure is a significant source of noise
pollution particularly in areas near railways.

1.2.2 INDUSTRIAL NOISE

Industrial activities are another major source of noise pollution, noise pollution from industrial
machine and production equipment can significantly impact nearby communities and is a major
contributor to environmental noise [Link] continuous and often loud noise affects workers
and contributes to high noise levels thereby disrupting daily activities. It can lead to hearing loss,
sleep disturbances etc. 57

1.2.3 CONSTRUCTION NOISE

Construction sites are known for generating significant amounts of noise due to the use of heavy
machinery, demolition activities, and material handling including excavators, bulldozers, and
cranes. The impact of construction noise on nearby residents and workers include sleep
disturbances, increased stress and reduced quality of life. 58

1.2.3 SOCIAL GATHERINGS

Social gatherings, such as worship centers, parties, weddings, and neighborhood events, contribute
to community noise pollution, particularly in residential areas. People play songs on full volume
and dance till midnight which makes the condition of people living nearby pretty worse.59 The
noise from these activities can lead to significant disturbances for neighbors, including sleep
disruptions and increased stress levels. 60

1.2.4 RESIDENTIAL NOISE

57 (n 1)

58 (n1)

59 <[Link] accessed 21 December 2025

60 (n 1)
Household activities, including loud noises from playing loud songs with sound speakers, parties
and home appliances like vacuum cleaners, washing machines, and power tools renovations
contribute significantly to residential noise. Also, pets, particularly dogs and cats, can contribute
to residential noise through barking, meowing, and other vocalizations. Persistent noise from pets
can exacerbate existing mental health conditions and contribute to overall stress. Chronic exposure
to noise from neighbors is associated with higher levels of anxiety and depression. 61

2.1 EFFECTS OF NOISE POLLUTION ON PUBLIC HEALTH.

Pollution remains one of the gravest threats to public health globally, with developing nations
such as Nigeria facing acute challenges due to rapid urbanisation, industrialisation, and
inadequate environmental regulation. The World Health Organization (WHO) identifies air,
water, and soil pollution as primary causes of non-communicable diseases, respiratory
illnesses, and premature deaths worldwide.¹² Within the Nigerian context, environmental

The relationship between pollution and public health is multifaceted, implicating

governance, law, and social justice. Environmental pollution often originates from
anthropogenic activities particularly the oil and gas industry, manufacturing, and waste
mismanagement. The Niger Delta region exemplifies how industrial pollution directly
undermines human health and livelihood. Gas flaring and oil spills have caused widespread
contamination of air and water, leading to increased incidences of respiratory diseases, skin
disorders, and cancers.¹³ The Environmental Guidelines and Standards for the Petroleum
Industry in Nigeria (EGASPIN), issued by the Department of Petroleum Resources, sets limits
for emissions and effluents, but enforcement remains inconsistent.¹⁴

Degradation has evolved from a localised concern into a national public health crisis,
exposing systemic weaknesses in legal and institutional frameworks for environmental
protection.

61 (n 1)

¹²World Health Organization, Air Pollution and Public Health (WHO, 2021).

¹³UNEP, Environmental Assessment of Ogoniland (United Nations Environment Programme, 2011).

¹⁴Department of Petroleum Resources, Environmental Guidelines and Standards for the Petroleum Industry in Nigeria
(EGASPIN) (2002)
At the international level, the right to a healthy environment has gained prominence through
instruments such as the Stockholm Declaration 1972 and the Paris Agreement 2015, which
recognise environmental protection as essential to human well-being.¹⁵ These frameworks,
while not always directly enforceable, have influenced national laws and policies. In Nigeria,
the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act
2007 establishes mechanisms to control and prevent pollution.⁵ Section 7 of the Act
mandates NESREA to enforce compliance with environmental standards, yet its
effectiveness is often curtailed by limited institutional capacity and overlapping jurisdiction
with state agencies.

2.2 Air Pollution and Respiratory Health

Air pollution constitutes the most pervasive environmental health risk globally. The WHO
attributes approximately seven million premature deaths annually to air pollution
exposure.¹⁶ In Nigeria, urban centres such as Lagos and Port Harcourt experience severe air
quality degradation due to vehicular emissions, open waste burning, and industrial
discharge.¹⁷ Epidemiological studies reveal strong associations between particulate matter
(PM₂.₅) concentrations and increased rates of cardiovascular and pulmonary disease. The
absence of a comprehensive national air quality monitoring framework further complicates
policy responses, highlighting a gap between legal provisions and public health outcomes.

¹⁵Declaration of the United Nations Conference on the Human Environment (Stockholm, 16

June 1972); Paris Agreement (adopted 12 December 2015, entered into force 4 November
2016).
¹⁶National Environmental Standards and Regulations Enforcement Agency (Establishment)
Act 2007 (Nigeria).
¹⁷World Health Organization, Global Health Risks: Mortality and Burden of Disease
Attributable to Selected Major Risks (WHO, 2020).
2.2.1 Water Pollution and Infectious Diseases

Water pollution poses equally dire implications for public health. Inadequate sanitation and
industrial effluents contaminate surface and groundwater sources, contributing to
outbreaks of cholera, dysentery, and typhoid.¹⁸ Nigeria’s Water Resources Act 1993 provides
a regulatory basis for water use and quality control but lacks explicit provisions addressing
pollution from agricultural runoff or mining.¹⁹ Internationally, the Basel Convention on the
Control of Transboundary Movements of Hazardous Wastes and Their Disposal underscores
the duty of states to prevent hazardous pollution that may endanger human health.²⁰ Nigeria
is a party to the Convention, yet weak enforcement and illegal dumping persist.

2.2.3 Soil Pollution and Food Safety

Soil contamination, though less visible, severely affects agricultural productivity and food
safety. Heavy metals, hydrocarbons, and pesticides enter the food chain, posing chronic
risks such as cancer and developmental disorders. The National Policy on the Environment
(2016) identifies land degradation and waste disposal as key contributors to public health
risks.²¹ Poor enforcement of waste management laws and inadequate environmental impact
assessments exacerbate these issues, leading to long-term ecological and health
consequences.

¹⁸A Afolayan, ‘Urban Air Pollution and Health Risks in Lagos Metropolis’ (2019) 12 Journal of Environmental Health
Research 33.
¹⁹Federal Ministry of Health, National Environmental Health Practice Regulations (2016).
²⁰Water Resources Act Cap W2 Laws of the Federation of Nigeria 2004.
²¹Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (1989) 1673
UNTS 57.

2.2.4 Legal and Policy Responses

From a public policy perspective, the connection between pollution and health necessitates
integrated governance. Effective mitigation requires collaboration among environmental,
health, and industrial sectors. The National Policy on the Environment (2016) seeks to
mainstream environmental sustainability into all aspects of development, recognising
pollution control as a determinant of public health.²² However, policy implementation
remains uneven due to funding shortfalls, corruption, and inadequate environmental literacy
among local authorities.

Legal scholars argue that environmental justice must underpin pollution control efforts.²³
Communities disproportionately affected by pollution, such as those in the Niger Delta,
often lack access to remedies or compensation. The Nigerian judiciary has intermittently
advanced environmental rights through public interest litigation, as in Gbemre v Shell
Petroleum Development Company of Nigeria Ltd (2005), where the Federal High Court
declared gas flaring unconstitutional for violating the right to life and dignity under the
Constitution.²⁴ Nevertheless, enforcement of such judgments has been limited,
underscoring the tension between economic interests and public health imperatives.
²²Federal Ministry of Environment, National Policy on the Environment (2016).
²³B Fagbohun, The Law of Environmental Protection: A Comparative Perspective (NIALS Press 2018).
²⁴Gbemre v Shell Petroleum Development Company of Nigeria Ltd (2005) AHRLR 151 (NgHC 2005).

2.2.5 Integrating Environmental and Public Health Policy

Globally, the emergence of the “One Health” approach integrating human, animal, and
environmental health reinforces the necessity of cross-sectoral policy action.²⁵ For Nigeria,
aligning national frameworks with international best practices involves strengthening legal
enforcement, promoting cleaner technologies, and ensuring community participation in
environmental governance. Public awareness and citizen-led accountability mechanisms
are equally critical. In this regard, environmental law not only functions as a regulatory tool
but as a safeguard of fundamental human rights and a foundation for sustainable
development.

In conclusion, pollution’s effects on public health extend beyond immediate disease

outcomes; they expose deeper institutional, legal, and policy deficiencies. Addressing these
requires coherent legal reform, robust enforcement, and a shift from reactive to preventive
policy measures. As environmental degradation continues to threaten public health,
Nigeria’s ability to integrate environmental law with public health policy will determine its
progress toward sustainable and equitable development.

²⁵Food and Agriculture Organization, The One Health Approach in Action (FAO, 2020).