Nigeria
The laws of Nigeria do not establish a human right to sanitation. Nigeria voted in favor of UN General Assembly Resolution 64/292 (2010) recognizing a right to safe and clean drinking water and sanitation as a human right. Nigeria also voted in favor of UN General Assembly Resolution 72/178 (2017) reaffirming the human rights to safe drinking water and sanitation. In the 2019 GLAAS Report, Nigeria acknowledges that it does not recognize the human rights to water or sanitation in its Constitution.
Equity and non-discrimination
The Nigerian Constitution provides general protections for all persons regardless of sex, religion, status, ethnic or linguistic association or other ties. The Constitution also states that the material resources of the nation must be exploited for the good of the community. Policies on sanitation have also stated that sanitation should consider the needs of all members of the country and investment should be made to ensure equity and sustainability, with affordability addressed as well.
Responsibility for each stage of the Sanitation Value Chain
A parastatal agency under the Federal Ministry of the Environment, NESREA holds most of the responsibility for managing sanitation pollution in Nigeria. In addition to permitting and setting standards, NESREA also enforces these regulations and all legal requirements from international and domestic laws. The Constitution does devolve the provision of and maintenance of public conveniences, sewage and refuse disposal to local governments, but the regulatory power to protect the environment remains primarily at the national level. NESREA is responsible for ensuring that surface waters and groundwater alike are not polluted, and NESREA can set discharge levels and standards for that purpose. The Federal Ministry of Water Resources has specific powers granted to the Minister under the National Water Resources Act is required to make proper provision for the supply of water for drainage, the safe disposal of sewage, effluent and waterborne wastes, and the control and prevention of pollution. The Minister can prohibit or regulate the carrying out of any activities on land or water which are likely to interfere with the quantity or quality of surface or groundwaters.
Many of the other areas of the value chain are addressed in the National Environmental Sanitation Policy which requires the creation of several committees including a National Technical Committee on Environmental Sanitation, that coordinate the implementation strategies of the National Policy at State and Local Government Levels, monitors and evaluates Environmental Sanitation activities within the State and Local Governments; and engages in a periodic review of Environmental Sanitation activities as it relates to policy and guidelines at the state and local levels. The Policy also sets out the roles of different Federal Ministries including the Ministry of Water Resources who is responsible for collaborating with the Federal Ministry of Environment on water sanitation activities including sewerage, storm water control and quality control of water supply sources. Local governments are responsible for enacting and enforcing appropriate legislation on environmental sanitation; conducting sanitary inspection of premises; implementing the National Environmental Sanitation Action Plan; implementing the master plan on solid waste management; providing equitable environmental sanitation services in all settlements within its jurisdiction; ensuring provision of adequate public toilets in public places, refugee camps and other places for transient populations; and enforcing compliance with environmental sanitation laws and standards. The Federal government is responsible for leading the development of sanitation policies; sourcing funding; ensuring separate appropriation and timely release of funds for sanitation activities annually; enacting appropriate laws on sanitation; developing implementation strategies and guidelines for the policy; engaging in monitoring and evaluating sanitation improvement; ensuring the provision of appropriate and adequate sanitation facilities in public institutions; and adopting a appropriate advocacy strategy. State governments are responsible for establishing appropriate legislation; developing sanitation programs for state capitals and major cities; ensuring separate appropriate for sanitation annually; ensuring that all funds are properly used; engaging in monitoring and evaluation of sanitation activities; and engaging in the training and capacity building of government personnel and NGOs to be involved in sanitation including environmental health officers, monitors, enforcers and administrators. Local governments are required to ensuring the appropriation of funds for sanitation annually; making bylaws to support the planning, implementation and monitoring of hygiene and sanitation programs; sourcing funds for the promotion of sanitation programs; developing hygiene and sanitation programs; establishing a viable sanitation unit within the Water and Environmental Sanitation Department charged with the responsibility of actualizing the policy objective of 100% sanitation coverage by 2025; setting sanitation tariffs where applicable considering affordability and willingness to pay for services by household. The community, with the help of sanitation promoters, must establish sanitation norms that must be accepted by all members; penalize members that do not observe the accepted sanitation norms; and establish structures and systems for self-monitoring achievement of agreed to targets. Households must take full responsibility for cleaning his immediate environment and ensuring proper disposal of the wastes; own and appropriately use and maintain a sanitation facility for the disposal of human waste; and observe accepted sanitation norms and sanctions for defaulting.
Law should prevent contamination by fecal waste
Under the Constitution, the State is responsible for protecting and improving the environment and safeguarding water, air, land, forests and wildlife. Persons are prohibited from carrying out any act which directly or indirectly causes, or may cause, water pollution. Persons are also prohibited from discharging any poison, toxic, noxious or obstructing matter or pollutants into the natural environment. All generators and managers of wastes shall apply sustainable practices to minimize pollution. The State is required to restore, enhance and preserve the physical, chemical and biological integrity of surface waters in a way that takes into account citizens’ right of access to clean water and sanitation and the need for environment resources to be sustainably protected and pollution to be prevented. To ensure this generally, persons are prohibited from discharging or engaging in activities that introduce pollutants into surface waters except as in compliance with the regulations and the terms and conditions set forth in approvals issued by the Agency. Persons are prohibited from discharging pollutants into surface waters or performing activities the Agency determines will violate water quality criteria or interfere with designated uses assigned to receiving or downstream waters. Persons are also prohibited from discharging pollutants into waters that are already degraded and do not meet water quality standards. Persons are further prohibited from discharging pollutants into surface waters or performing activities which the Agency determines will likely result in a violation of the regulations.
Every owner of a premises is required to provide potable water supply for the premises to ensure sound environmental sanitation and personal hygiene. Commercial facilities are required to provide adequate toilet facilities.
There are various standards that measure contamination. The National Environmental Standards Regulations and Enforcement Agency (NESREA) is required to develop federal water quality standards and to develop effluent limitations for both existing and new point sources. NESREA also has the responsibility of setting regulations to protect the environment from contamination, including in high-risk areas like flood plains. The National Environmental (Sanitation and Wastes Control) Regulations 2009 sets guidelines for various parts of the chain which limit contamination, including: setting requirements for toilets per capita broad guidelines for septic tank construction; guidelines for waste collection and transportation vehicles; guidelines for situations where a central on-site wastewater treatment plant is necessary; effluent limitations for hospital waste, abattoirs wastewater, and commercial waste being disposed into the sewer, excluding treatment and discharge of domestic wastes and operation of non-sewered and on-site sanitation; and situations where wastewater treatment facility is needed. The National Water Sanitation Policy also sets out specific expected services levels for all communities, from rural to urban and small to large. The Policy also sets out appropriate technologies.
Under the Surface and Groundwater Quality Control Regulations 2011, at a minimum all water should be free from contaminants at levels that adversely affect fish and wildlife, adversely affect the physical, chemical and biological integrity of the environment, adversely alter life cycle functions, and adversely affect human health. The regulations set out water quality criteria including physico-chemical criteria, biological criteria, toxic substances, chemical constituents, nutrients and radioactive substances, that must be met. The regulations also set rules for the setting of daily maximum pollutant loads when discharges threaten a water’s cleanliness.
The law accounts for many of the potential polluters and requires registration or permitting under the law. Under the National Environmental (Sanitation and Wastes Control) Regulations 2009, all licensed sewage management operators are required to register with the appropriate Authority. It is also prohibited for effluent from a housing estate, hotel, commercial facility waste management facility, hospital, abattoir or livestock farm to be discharged into the public drain or natural environment without a permit from the Agency. According to the Surface and Groundwater Quality Control Regulations 2011, it is unlawful to release substances or engage in activities that will likely pollute surface waters without having obtained all required approvals and permits from the Agency, including: the discharge of wastewater, the discharge of pollutants, and any activity that may produce a measurable change in a waterbody. Permit holders are also required to keep and submit records of discharges under their permits. Discharges of waste into groundwater also require permits. The agency will ensure compliance of sewage discharges through groundwater testing and effluent sampling.
Policies set wishful targets for, among other things, funding and coverage of sanitation, but do not mandate that these targets are met or create enforceable law. All necessary legislation was supposed to be enacted by 2005. Other policy language defines the contours of access, including affordability, useability, full inclusion of all persons regardless of cultural or gender limitations, and other aspects of access. Some of the strategies to be deployed in achieving these targets include developing policy guidelines for sustainable excreta and sewage management in line with national development objectives; promoting country-wide adoption of the policy guidelines; undertaking research and developing culturally acceptable and affordable excreta and sewage management technology options; facilitating the construction and maintenance of adequate sanitary facilities in public places; establish mechanisms for penalizing unsanitary management of excreta and sewage; promoting stakeholder participation in excreta and sewage management; and fostering private sector participation in the maintenance and operation of management facilities.
Enforcement power
The National Environmental (Sanitation and Wastes Control) Regulations 2009 states that the enforcement authority for all provisions relating to meeting the requirements and standards on environmental sanitation and waste control provided in these Regulations is vested in the NESREA. On the basis of any information available to it, the Agency can take any enforcement action at any time as may be appropriate. Enforcement actions may be preemptive if a contravention of regulations is likely. The Surface and Groundwater Quality Control Regulations 2011 enables any person to complain to the Agency in writing if the person believes that an activity or discharge may jeopardize the water uses set forth in the regulations. Where the Agency has reasonable cause to believe that a discharge or activity is likely to violate the provisions of the Act, the Agency can serve an improvement notice on that person.
Penalties
Under the National Environmental Standards Regulations and Enforcement Agency Act, any person who violates the regulations made for the purpose of protecting public health and welfare and enhancing the quality of water can be fined or imprisoned. If offenses continue, fines can be levied continuously. Fines are higher for corporations. NESREA has the authority to suspend permits under the 2009 National Environmental (Permitting and Licensing System) Regulations. A permit can be suspended if the permit holder has failed to comply with an order or direction issued by the Agency, is carrying out its operations in a form and manner which constitutes an immediate threat to public health and safety or ecosystem integrity or any other circumstances which render it necessary in the public interest to suspend the permit. The law also indicates that there are legal and financial responsibilities that can be enforced for persons responsible for waste. Commercial landowners and householders can also be held responsible for building wells too close to sewage or waste pits, to fail to provide proper toilet facilities as required, including for large religious gatherings. Overall, many of the violations of regulations have penalties that are larger for more significant violations or larger polluters.
Roadmap to sanitation
The most relevant laws and regulations for sanitation are The National Environmental Standards Regulations and Enforcement Agency (Establishment) Act 2007, The National Environmental (Sanitation and Wastes Control) Regulations 2009, the National Environmental (Permitting and Licensing System) Regulations, the National Environmental (Surface and Groundwater Quality Control) Regulations 2011, The National Water Resources Act of 1993, The Nigerian Urban and Regional Planning Act, The National Environmental Sanitation Policy 2005, the National Environmental Sanitation Action Plan, and The National Water Sanitation Policy 2004.
Governance, generally
According to the Constitution, the Federal Republic of Nigeria is a Federation made up of 36 States and a Federal Capital Territory. Those States are composed of 768 Local Government Areas (LGAs). The National Assembly for the Federation, which consists of a Senate and a House of Representatives, is vested with the legislative powers of the Federal Republic of Nigeria. The legislative powers of the State are vested in the House of Assembly of the State. The National Assembly has exclusive legislative authority over several matters, including customs and excise taxes, patents and trademarks, and water from sources that affect more than one state. Otherwise, the National Assembly and Houses of Assembly of States have concurrent legislative authority. However, any laws passed by the Houses of Assembly of States which are inconsistent with laws passed by the National Assembly are void.
The executive powers of the Federation are vested in the President. Those powers can be exercised by him/her or through the Vice President and Ministers of the Government. The executive powers of the State are vested in the Governor and can be exercied by him/her or through the Deputy Governor and Commissioners of the Governor of that State.
The judicial powers of the Federation are vested in the courts established for the Federation. For the Federation, there is a Supreme Court of Nigeria, a Court of Appeal, a Federal High Court, and a National Industrial Court. The Supreme Court of Nigeria has original jurisdiction to hear any dispute between the Federation and a State and between two states. The Supreme Court also hears appeals from the Court of Appeal. For the Federal Capital Territory, there is a High Court, a Customary Court of Appeal and a Sharia Court of Appeal. Judicial powers of the State are vested in courts established for the State. At the State level, there is a High Court, a Customary Court of Appeal, and a Sharia Court of Appeal.
The Constitution also guarantees a system of local government by democratically elected local government councils. One of the main functions of the council includes providing and maintaining public conveniences as well as sewage and refuse disposal. Articles 1, 2, 3, 4, 5, 6, 7, Schedule I, Schedule II, Schedule IV.
Lawmaking, policy making processes
The power of the National Assembly to make laws shall be exercised by bills passed by both the Senate and the House of Representatives and, except as otherwise provided, be assented to by the President. Constitution of 1999, Article 58(1). A bill may originate in either the Senate or the House. Article 58(2). Where a bill has been passed by the House in which it originated, the bill shall be sent to the other House and the bill shall be presented to the President for assent when it has been passed by that other House. Article 58(3). The President has 30 days to assent to the bill or not. Article 58(4). The Assembly can pass the bill without the assent of the President if two-thirds of both Houses vote in favor of the bill. Article 58(5).
At the State level, the power of a House of Assembly to make laws shall be exercised by bills passed by the House of Assembly and assented to by the Governor, unless otherwise provided for. Article 100(1). A bill shall not become a law unless it has been duly passed and assented to. Article 100(2). Where a bill has been passed by the House of Assembly it shall be presented to the Governor for assent. Article 100(3). A governor must identify whether he assents or not within 30 days. Article 100(4). If the Governor does not assent, the House of Assembly can pass the law with a two-thirds majority without the need for assent by the Governor. Article 100(5).