Nigeria

• Author: Tonbofa Eva Ashimi, Tolulope Abimbola Moseli, and Francis Etivieya
• Pages: 867-884

CHAPTER 44

Nigeria

TONBOFA EVA ASHIMI, TOLULOPE ABIMBOLA MOSELI, AND FRANCIS ETIVIEYA

I. Introduction

Environmental law in Nigeria has evolved in the context of the government’s

significant role in the exploration and development of oil and gas resources.

These oil and development projects damaged the environment and exposed

its people to pollution, ultimately leading the Nigerian federal and state gov-

ernments1 to pass laws to prevent and reduce pollution. Despite these efforts,

the incidence of environmental pollution continues to rise, with the worst

cases occurring in the oil producing areas—where oil can still commonly be

seen floating on water surfaces, and gas flaring remains a common practice.

This chapter identifies the primary Nigerian environmental laws that have

emerged in this context, but acknowledges that the failure to enforce laws

remains a serious barrier to the amelioration of Nigeria’s environmental

problems.

II. Air and Climate Change

A. Air Pollution Control

The National Environmental Standards and Regulations Enforcement Agency

Act, 2007 (NESREA Act),2 under sections 20 and 21, deals with air quality

and atmospheric pollution. Section 20(1) provides that the National Environ-

mental Standards and Regulations Enforcement Agency may make regula-

tions setting specifications to protect and enhance the quality of Nigeria’s air

resources, so as to promote the public health or welfare and the natural

development and productive capacity of the nation’s human, animal, marine,

or plant life. To achieve these objectives, the agency is required to observe or

carry out the following:

• maintain essential air quality standards;

• control the concentration of substances in the air;

• formulate the most appropriate means to prevent and combat atmo-

spheric pollution;

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• control of pollution originating from energy sources, such as aircraft,

factories, and other self-propelled vehicles;

• formulate applicable standards of emission from new mobile or sta-

tionary sources; and

• use appropriate means to reduce emissions to permissible level.

The agency has promulgated the National Environmental (Control of

Vehicular Emission from Petrol and Diesel Engine) Regulations, 2011, which

makes violation of the regulations an offense. Any offender will, upon con-

viction, be liable for a fine not exceeding Nigerian naira () 200,000 or one

year’s imprisonment; in the case of a corporate entity, the liability is 2 mil-

lion. Additional fines of 20,000 for individuals and 50,000 for corpora-

tions are imposed respectively for each day the offense continues.

The government has also enacted the Associated Gas Re-injection Act

1979 and Associated Gas Re-injection (Continuation of Flaring of Gas) 1985,

aimed at regulating gas flaring in the oil and gas industry as a result of oil

exploration and exploitation. Under these laws, gas flaring is generally pro-

hibited, except with the consent of the minister of the agency. The minister’s

consent will only be granted where an applicant has demonstrated a willing-

ness to adhere to conditions set as part of the agency’s approval.

B. Climate Change

1. The Kyoto Protocol

The major feature of the Kyoto Protocol to the U.N. Framework Convention

on Climate Change (UNFCCC) is that it sets binding targets for 37 industri-

alized countries and the European Community for reducing greenhouse gas

(GHG) emissions, and permits those countries to purchase Certificates of

Emission Reduction from Clean Development Mechanism (CDM) projects

hosted in developing nations. Such projects can lead to GHG reductions and

can then be counted as part of those countries’ efforts to reduce their emis-

sions. The Nigerian Department of Climate Change and the Special Climate

Change Unit under the Federal Ministry of Environment are currently

responsible for ensuring Nigeria’s implementation of the Kyoto Protocol.

Nigeria operates six CDM projects registered by the UNFCCC Secretariat in

Bonn, Germany.3

The federal government, pursuant to the UNFCCC, approved the National

Policy on Climate Change and Response Strategy (NPCC-RS) on September

12, 2012. The policy includes objectives related to climate change mitigation,

adaptation, climate science and technology, public awareness, private sector

participation, and strengthening national institutions and mechanisms.

Nigeria is also developing a Strategic Framework for Voluntary Nation-

ally Appropriate Mitigation Action (NAMA) as a step toward meeting

national obligations under the UNFCCC. The NAMA strategic framework

will allow Nigeria to develop long-term measures and programs supporting

868 INTERNATIONAL ENVIRONMENTAL LAW