Nigeria
AGRICULTURE
Several institutions provide opportunities for the public to be part of the governing leadership. For example, the Minister of the Environment is required to appoint three representatives of the public to serve on the Governing Council of the National Environmental Standards and Regulations Enforcement Agency.
The Minister for matters related to water resources can prohibit or regulate any activities on land or water that are likely to interfere with the quantity or quality of water in surface water or groundwater. The Minister is required to draft a comprehensive master plan for the development, use, control, protection, management, and administration of all water resources. NESREA enforces standards, regulations, laws, rules, policies, and guidelines. NESREA is responsible for developing regulations designed to protect public health and to enhance the quality of water. NESREA is also responsible for issuing requirements for the completion of environmental impact assessments as well as identifying projects for which such assessments are mandatory.
Discharging pollutants or engaging in activities that introduce pollutants into the waters of the nation, regardless of the effect on water quality standards or the treatment which the pollutants receive, is prohibited except as in compliance with the articles of the regulation and conditions of any approval issued by NESREA. If NESREA determines that the performance of activities will result in the violation of water quality criteria or interfere with one or more of existing or designated uses assigned to the receiving or downstream waters, then such activities are prohibited. Even more broadly, persons are prohibited from carrying out any acts which directly or indirectly cause, or may cause, immediate or subsequent water pollution. The use of recycled wastewater is allowed but must comply with wastewater quality criteria to be used for irrigation. Agricultural policies promote the responsible use of land, water, and other natural resources to create a vibrant agricultural sector.
Persons may use water for watering domestic livestock, substance fishing or for personal irrigation schemes covering not more than five hectares and for reasonable domestic use without a license. However, a license is required for all other uses, including for the diversion, storage, pumping or use of water for commercial purposes and for the construction or maintenance of a borehole or any hydraulic works. An environmental impact assessment is required for the withdrawal of groundwater and for the carrying out of activities near watercourses.
The National Environmental Standard and Regulation Agency (NESREA) is clearly designated as the enforcement Agency for environmental standards, regulations, rules, laws, policies, and guidelines, including policies, standards, legislation and guidelines on water quality, environmental health, and sanitation.
Water use licenses can be suspended for several reasons, including for failure to comply with the terms and conditions of the license, the Act, relevant laws and regulations, markets rules and regulations and relevant codes and standards. Licenses can also be cancelled if the licensee has willfully or unreasonably contravened any provisions of the Act or applicable legislations and regulations. Contravention of the water use regulations can result in a fine and/or imprisonment. Violation of water quality standards or effluent limitations can also result in a fine and/or imprisonment as well as an additional for each day that the violation continues.
ENERGY
The Minister of Water Resources can prohibit or regulate any activities on land or water that are likely to interfere with the quantity or quality of water in any surface or groundwaters. The Minister receives applications for licenses. The Minister makes proper provisions for an adequate supply of water for the generation of hydroelectric energy. The Minister can prohibit the storage, diversion, pumping or use of any water or the construction, repair or alteration of any hydraulic works as well as require certain actions to be taken. The Minister for matters related to oil can issue regulations for the prevention of pollution as well as grant oil exploration licenses. The Minister issues license prescribing activities related to the use and withdrawal of water as well as the construction and operation of hydraulic structures on watercourses. The National Environmental Standards and Regulations Enforcement Agency (NESREA) enforces standards, regulations, rules, laws, policies, and guidelines. NESREA can issue regulations to govern environmental impact assessments. The Nigeria Hydrological Services Agency (NIHSA) advises Federal and State governments on all aspects of hydrology and prepares and interprets government policy on hydrology. The Nigerian Electricity Regulatory Commission ensures the optimal use of resources for the provision of electricity services and maximizes access to electricity services to ensure that an adequate supply of electricity is available to consumers. The Commission issues licenses and regulates persons generating, transmitting, operating, distributing, and trading electricity. The National Oil Spill Detection and Response Agency detects and responds to oil spillages. The Energy Commission meets twice annually to disseminate information relating to national policy in the field of energy development. The Hydroelectric Power Producing Areas Development Commission formulates policies and guidelines for the development of hydroelectric power producing areas.
An environmental impact assessment is required where projects or activities where the activity or project is likely to significantly affect the environment. The trigger for determining an activity which “significantly” affects the environment is not defined. Certain projects and activities require an environmental assessment such as mining materials in new areas where the mining lease covers an area greater than 250 hectares, oil and gas fields development and construction oil and gas separation, processing, handling, and storage facilities. Persons are prohibited from discharging pollutants or performing activities that are likely to result in the violation of water quality criteria or interfere with one or more of the existing or designated uses assigned to receiving or downstream waters. All activities must comply with water use and water quality regulations.
Any person can acquire a right to use or take water from any watercourse or groundwater with a license, except for domestic purposes where a license is not required. Water rights exist independently of land tenure rights.
NESREA is clearly designated as the enforcement agency for environmental standards, regulations, rules, laws, policies, and guidelines. The National Oil Spill Detection and Response Agency inspects oil and gas facilities to ensure compliance with existing environmental legislation on oil pollution.
Failure to comply with the provisions of the law or regulations can result in a fine, imprisonment, or both. Any person who contravenes the provisions of the Water Resources Act 1993 can be fined no more than 2000 Naira or imprisoned for no more than 6 months. Water use licenses can be cancelled or revoked by contravention of relevant laws and regulations as well as the terms and conditions of the permit. Decisions to suspend or revoke a license are reviewable. Failure to secure a license before conducting activities can also result in fines.
INFRASTRUCTURE
The Minister of Water Resources can prohibit the storage, diversion, pumping, or use of any water or the construction, maintenance, operation, repair, or alteration of any hydraulic works. The Minister can also authorize, control, or undertake construction, operation, maintenance, repair, or alteration of such hydraulic works. The River Basin Development Authority undertakes comprehensive development of surface and groundwater resources for multipurpose use and constructs hydraulic works necessary for the achievement of their functions. The Minister issues licenses for water use. Policy encourages the government to develop and implement environmentally friendly National Infrastructural Development Strategies and Actions Plans.
Infrastructure projects typically require an environmental impact assessment, including dams, housing developments, highways, ports, offshore pipelines, oil refineries, facilities for oil and gas operations, wastewater treatment plants, and landfill facilities. Proposed activities likely to interfere with the quantity or quality of water in surface or groundwaters are prohibited and the Minister can refuse to grant a license. Persons are prohibited from obstructing a declared waterway or erecting permanent structures within the right-of-way.
Persons who obstruct waterways or divert water from waterways can be fined or imprisoned. Failure to comply with the requirements associated with environmental impact assessments can result in fines and/or imprisonment.
NATURAL RESOURCES AND SERVICES
Policies position the government as responsible for mainstreaming gender into environmental concerns. However, there is limited guidance on gender and the environment.
The State must protect and improve the environment and safeguard natural resources. The National Environmental Standards and Regulations Enforcement Agency (NESREA) is responsible for enforcing standards, regulations, rules, laws, policies, and guidelines. NESREA can adopt regulations, for example, for the purpose of protecting public health, improving water quality, and promoting environmental sanitation. NESREA must establish effluent limitations and limit or prohibit discharges of pollutants to ensure that the standards for the quality of receiving waters is maintained or attained. Where a water course is identified as water quality limited, NESREA is required to develop a Total Maximum Daily Load (TMDL) for the pollutants for which the regulations are being violated. The Minister of Water Resources has broad regulatory authority, including the ability to prohibit or regulate any activities on land or water that are likely to interfere with the quantity or quality of surface water or groundwater. The Minister reviews applications for water use licenses. The Minister is also responsible for drafting a comprehensive master plan for the development, use, control, protection, management, and administration of all water resources. The Nigeria Hydrological Services Agency advises Federal and state governments on all aspects of hydrology and prepares government policy in the field of hydrology.
Regulations require that the quality of surface waters be maintained in a safe and satisfactory condition for controlled and regulated waste assimilation to the extent that such use is compatible with other uses. At a minimum, all waters shall be free of pollutants in concentrations that adversely affect the environment or human health and must meet minimum criteria. The discharge of any pollutants that will likely result in the violation of any water quality criteria or interfere with the designated uses assigned to the receiving or downstream waters is prohibited. Discharges of pollutants to surface or groundwaters, regardless of the effect on water quality standards, are prohibited without the approval of NESREA. By regulation, water and land must be used in a sustainable manner.
NESREA is responsible for enforcing compliance with laws, guidelines, policies, and standards on environmental matters; international agreements and protocols on the environment; policies, standards, legislation and guidelines on water quality, environmental health and sanitation, including pollution abatement; regulations on noise, air, land, seas and oceans; and environmental control measures through registration, licensing and permitting systems. Any person can file a complaint with NESREA in writing if they believe that an activity or discharge may jeopardize water uses.
Persons who violate the provisions of regulations can be fined and/or imprisoned. When a person violates water quality standards can be fined no more than N50,000 or imprisoned for no more than a year and an additional N5000 for every day the offense persists. When effluent violations are violated a person can be fined no more than N200,000 or imprisoned for no more than two years or both. The person can also be fined an additional fine of N5000 per day that the offense persists. Different penalties are stipulated for corporations. Failure to comply with the terms and conditions of a permit can result in the permit being suspended or revoked.
NATURAL AND MANMADE DISASTERS
The National Emergency Management Agency formulates policies on activities relating to disaster management and coordinates the plans and programs for efficient and effective response to disasters at the national level. State and Local Emergency Management Committees are also active in disaster management and response. The National Oil Spill Detection and Response Agency detects and responds to oil spills.
Disaster prevention is facilitated by prohibiting the discharge of pollutants into any waters of the nation or performing any activities likely to result in the violation of water quality criteria or interfere with existing or designated uses assigned to the receiving or downstream waters. The discharge of hazardous substances is also prohibited, except where allowed by the law. Policies encourage the adoption of measures that reduce, prepare for, prevent, mitigate, and respond to disasters.
Adequate irrigation systems shall be used in order to control desertification. Land must be used in a sustainable manner that is compatible with the enhancement of the productive and natural potential of the land to provide goods and services. Environmental impact assessments must ensure that drought-prone areas are not further exposed to environmental degradation.
NESREA monitors and enforces compliance with policies, plans and programs as stated in the National Drought Preparedness Plan and Drought and Desertification Policy as well as regulations to ensure the impact of drought is mitigated. NESREA enforces compliance with laws, guidelines, policies, and standards on environmental matters and international agreements, protocols, conventions, and treaties. Policy requires governments to ensure adherence to legal enforcement instruments that are critical components of effective disaster risk reduction, including land use regulations, urban planning and development standards, environmental impact assessment requirements, and acts and bylaws on health and environmental issues.
Failure to comply with the relevant laws or regulations can result in fines or imprisonment. For example, violations of the federal water quality standards can result in a 50,000 Naira fine or imprisonment for no more than one year or both. An additional fine of 5000 Naira can be assessed or each day the offense persists. Violations of effluent limitations can result in a 200,000 Naira fine or imprisonment for no more than two years as well as an additional 5000 Naira fine per day the offense continues. Any person who extracts resources for export, burns bushes, clears land, or grazes or cultivates marginal land without a permit can be fined 1,000,000 Naira or imprisoned for no more than two years or both.
SANITATION, DRINKING WATER, HEALTH AND HYGIENE
Policy states that in planning, investing in and promoting sanitation facilities the special needs, interests, and priorities of women must be considered to ensure adequate access, usage, and maintenance. Further, for sanitation coverage to increase, users must be able to afford the facilities and should have options. Sanitation programs should take a gender-sensitive approach.
The Minister of Water Resources must have regard to the need to make provision for the supply of water, for drainage, for the safe disposal of sewage and effluent, and for the prevention of pollution. NESREA is required to submit to the Minister proposals for the evolution and review of evolution and review of existing guidelines, regulations, and standards on the environment, including effluent limitations, water quality, waste management and environmental sanitation. NESREA can make regulations for the purpose of protecting public health and welfare. The National Agency for Food and Drug Administration and Control is responsible for compiling standard specifications and guidelines for the production, importation, exportation, sale and distribution of bottled water and chemicals. Drinking water must meet the standards set by the Standards Organization of Nigeria and the Minister of Health ensure compliance with drinking water quality standards.
The discharge of pollutants into any waters or the performance of any activities likely to result in the violation of water quality criteria or interfere with existing or designated uses is prohibited. Environmental Impact Assessments are required for projects and activities likely to significantly affect the environment. The fouling of any spring, stream, or reservoir so as to render it less fit for the purpose for which it is ordinarily used is prohibited. All drinking water must meet the minimum requirements established. Environmental sanitation policy identifies challenges faced in improving environmental sanitation and objectives to pursue, including promoting solid waste minimization, promoting the adoption, construction and use of culturally acceptable sanitary systems, developing policy guidelines for sustainable excreta management, and realizing access to affordable, potable water supply.
The withdrawal of water for reasonable domestic use is allowed without a permit. Water suppliers cannot maliciously break their supply contract if they know or have reasonable cause to believe that the probable consequence of breaking the contract will deprive the community of water.
NESREA is responsible for enforcing compliance with laws, guidelines, policies, and standards on environmental matters and compliance with international agreements, protocols, conventions, and treaties on the environment. The Minister of Health enforces drinking water quality standards. The National Environmental Sanitation Policy gives the Ministry of Environment the responsibility of compiling reports on the activities carried out to implement the Policy.
Violations of water quality standards and effluent limitations are punishable by fine and/or imprisonment. For example, violations of the federal water quality standards can result in a 50,000 Naira fine or imprisonment for no more than one year or both. An additional fine of 5000 Naira can be assessed or each day the offense persists. Violations of effluent limitations can result in a 200,000 Naira fine or imprisonment for no more than two years as well as an additional 5000 Naira fine per day the offense continues. A permit can also be suspended or revoked for failure to comply with the terms and conditions of the permit or associated laws and regulations.
THE GLOBAL ECONOMY
The State is required to harness the resources of the nation and promote national prosperity and an efficient, dynamic, and self-reliant economy as well as manage and operate the major sectors of the economy. NESREA prevents industries from commencing operations where the Agency believes that such industry may constitute a new point source of pollution. Environmental audits are required from existing industries and environmental impact assessments are required from new industries and major development partners. Policy requires the government to mainstream environmental consideration into the National Trade Policy, to ensure that issues on environment are integrated into the domestication of international and regional trade agreements, and to support the harmonization of product standards, including environmental product standards among ECOWAS member states.
Licenses are required for the discharge of effluents and effluents cannot exceed the permissible limits. Industries and facilities are required to have a pollution monitoring unit within its premises. The collection, treatment, transport, and final deposit of waste is the responsibility of the industry or facility generating waste. A permit can be revoked if the conditions of the permit have not been met. Any person or corporate body who violates the applicable regulations can be fined and/or imprisoned.
PEACE AND CONFLICT
Nigeria is a member of the Lake Chad Basin Commission and the Niger River Commission. National policy requires the government to conduct an in-depth analysis of the impacts of conflicts on the environment, conduct a specific environmental assessment for the conflict regions, ensure environmental governance is part long term peace building and conflict mitigation long-terms goals where there is conflict over natural resources and promote the development and implementation of environmental governance for peace building.
Where a project for which an environmental assessment is not required is to be carried out in a State and the President believes that the project is likely to have serious environmental effects in another State, the Council may establish a review panel to conduct an assessment of the inter-State environmental effects of the project.
NATIONAL SECURITY
The National Emergency Management Agency (NEMA) formulates policy on all activities relating to disaster management, coordinates plans and programs for an efficient and effective response to disasters and assists in the rehabilitation of IDPs, refugees and those adversely affected by mass deportation and repatriation from any other country as a result of crises, disasters or foreign policies. Policies require relevant authorities to provide Internally Displaced Persons (IDPs) with safe access to essential food and water, basic shelter and housing, appropriate clothing, and essential medical services and sanitation. Host communities cannot prevent IDPs from accessing social services within their communities, including water and sanitation. Armed groups are also prohibited from denying IDPs the right to live in satisfactory conditions with sanitation, food, water, health, and shelter.
GOVERNANCE
Nigeria consists of 36 states and a Federal Capital Territory which is the Capital of the Federation and seat of the government of the Federation. Across the 36 states there are 768 local government areas (LGAs).
The legislative powers of Nigeria are vested in the National Assembly for the Federation, made up of a Senate and a House of Representatives. The legislative powers of a State of the Federation are vested in the House of Assembly of a State. Executive powers are vested in the President and can be exercised directly or indirectly through the Vice-President or Ministers. Executive powers are also vested in the Governor of the State and can be exercised directly or indirectly through the Deputy Governor or Commissioners. Courts are established at the national and state-levels.
The Constitution prohibits discrimination on the grounds of sex, religion, status, or ethnic or linguistic association or ties. Every citizen has equality of rights, obligations, and opportunities before the law. More generally, persons have a right to life and dignity.