CHAPTER THREE
LEGAL FRAMEWORK
3.0.0 Introduction
In this chapter, efforts will be directed toward the legal framework and under the following headings;
§ The History of Environmental regulations in Nigeria
§ NESREA 2007
§ Harmful Waste (Special Criminal Provision) Act LFN 2004
§ Rules of common law and equity on waste
§ International Laws Regulating Harmful Waste
§ Basel Convention on the control of Trans-Boundary Movement of hazardous waste and other disposal 1989
§ Organization of African unity (OAU) Convention 1991
§ Bamako Convention on the Ban of import to Africa and the control of Trans-Boundary Movement and Management of Hazardous Waste within Africa
§ The Vienna Convention for the Protection of the Ozone Layer 1985
§ National Framework on Waste Management
§ 1999 Constitution (Section 20)
§ Federal Environmental Protection Agency Act (FEPA) 1988
§ The National Environmental Management: Waste Act 59 of 2008
§ Petroleum Act Cap.P10 LFN 2004
§ The Environmental Impact Assessment Act 1992
§ Oil in Navigable Water Act LFN 2004
§ Oil Pipeline Act Cap07 LFN 2004
§ State and Local statue
§ Lagos State Environmental Pollution Control Edict 1991
§ Kano State Environmental Protection and Planning Agency Edicts 1990
§ Anambra State Environmental Sanitation Authority Edicts No15
§ Customary law
3.1.0 The History of Environmental regulations in Nigeria
The development of Nigerian environmental regulations can be divided into two:
1) The pre 1988 era
2) The post 1988 era
The Pre 1988 Era: During the colonial era, Nigeria was not concerned about the protection of the environment; it was not a priority. Accordingly, there was no policy aimed at preserving and protecting it. The tort of nuisance was more prominent because disputes in environmental law were not viewed as public matters warranting state intervention. The few environmentally related laws that were applicable criminalized activities that could degrade the environment. One of the laws was the Criminal Code Act of 1916, which prohibited water pollution and air pollution. In 1917, the Public Health Act was enacted. Although, somewhat broad in scope, this Act did not contain provisions of relevance to the regulation of land, air and water pollution. At this time, matters relating to the environment were dealt with in a rudimentary manner, from the view point of environmental sanitation.
Following Nigeria’s independence in 1960 and the discovery of oil in commercial quantities, laws dealing with the environment obviously became grossly inadequate. This was owing to the fact that most of the provisions on environmental protection were scattered throughout different laws, resulting in ad-hoc response to different needs in different situations. During the decade following independence, the Government criminalized polluting activities, particularly those relating to the discharge of oil in navigable waters and environmental degradation as a result of petroleum activities.
The 1970s saw the further development of the Nigeria’s environmental regime in response to the individual growth associated with the oil boom. River basin authorities64 were created and environmental units were established in some government ministries. The laws were, however, typically “knee-jerk” responses to emergency situations.
64. River Basin Development Authority Act, 1987.
