allAfrica.com: Nigeria: 'Environment - FG Has Abdicated Responsibility' (Page 1 of 2)

One of the greatest concerns that mankind has been faced with this century is that of the environment.

Experts now say that the lack of adequate attention being paid to environmental matters in Nigeria now, would spell disastrous consequences in years to come. JUDE IGBANOI took on Toyin Bashorun who has an extensive practice in environmental law. She identified environmental issues that are most deserving of urgent attention from the authorities

Environment is one area in our national life where a lot of awareness is desired in view of its importance. There are big issues with pollution. Almost every urban Nigerian household now runs a generator with the attendant consequences. Big factories emit pollutants abound everywhere. How affective are the statutes regulating our environment? To what extent have our laws addressed the multifarious problems relating to our environment?

I would say we have quite a number of laws to meet up with the environmental challenges of our present times. But the major drawback which almost renders or paralyses the law is the fact of the provisions in the Constitution. If you look at section 6(c), the issue of environmental protection comes under Fundamental Objective. If you then go further down Section 6, you'll see the provision that such issues are not justiceable. It then means that the law is effective on paper, but the implementation is an uphill task.

Ordinarily there have been laws and amendments that should empower both the states and the federation to make for a healthy awareness and consciousness of a good environment. Unfortunately, that provision of the Constitution which should have been the lifeline of the whole matter is such that it makes enforcement almost impossible.

When the Federal Environmental Protection Agency Act (FEPA) was replaced with the Nigerian Environmental Safety and Regulatory Enforcement Agency (NESREA) Act 2007, many thought it would address all these problems relating to the environment. Nothing much seems to have happened. Was the repeal of FEPA absolutely necessary?

Initially, FEPA was also like a toothless bulldog. This is because it wasn't standing on its own; it was a government agency. When NESREA came, the impression that we got was that it would be an independent agency that would be able to function outside of government. That meant that there was not going to be much influence from government.

But what we find is that it was suggested and it was suggested, but nothing seems to be happening. I think it is because of our low level of awareness. Until people are educated and made to appreciate the role the environment plays in their lives, we cannot go forward.

It does appear that so much is expected from the government in the area of environmental protection. But in other countries, there is quite a lot of public, as well as private, initiative. People take steps on their own to protect their environment. We don't seem to have that impetus here. What in your opinion can be done?

It's true that a lot is expected from the government. They are supposed to provide the enabling infrastructure to make it possible for people to become aware of the need to protect their environment. There is the need for a paradigm shift.

It is just like the situation we used to have where people drove down one-way streets in Lagos, both private car owners and danfo drivers. It was recently that the Lagos State government made the law that anyone who drives against the flow of traffic is deemed to be insane. Now, when you are arrested for driving against traffic, they take you for mental evaluation and thereafter you are made to pay a fine. Now, even when you are found driving on the Bus Rapid Traffic (BRT) lane you are made to pay N47,000. Now, you can see that there is some sanity on the roads. No danfo driver dares drive against traffic. In the same way, the government must come up with an enforcement module for environmental laws. The same thing was done in NAFDAC.

At the last NBA Section on Business Law Conference in Abuja, there was a forum on environment. Many were surprised when Mr. Tunji Bello, the former Lagos State Commissioner for Environment, explained how the Lagos State Government has been proactive in the area of legislations on the environment, where many observed that the Federal Government was lackadaisical on environmental matters. What is the way out?

Basically that stemmed from the Constitution. Matters of environment are on the exclusive list. Matters of pollution are on the residual list, which is what is left for the states. Now, you cannot handle environment without handling pollution. But happily when they were going to reverse the laws, there were some strategic laws which they deliberately omitted. This allowed room for the states to adopt such laws and expand them to suit their purpose. This is what has happened. But I believe that by and large the federal and state governments should complement each other.

Some time in the late 80s, there was this incident of the toxic waste dump at Koko in Delta State; it created an international uproar. There have been a few more such toxic waste dumps in this country; maybe they were not given as much prominence as the Koko incident. Our coastal waters are also said to be under potential threat of toxic waste dump. What can be done in terms of examining international treaties and sanctions to eliminate this danger permanently?

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