The legal framework of environmental impact governance in Nigeria
Nigeria, the most populous country in Africa, has high rates of urbanization and industrialization. Nigeria as a developing country and emerging from a three-year Civil War (1967-70) was more concerned with the exploitation of its natural resources than the effect of such activities on the environme...
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| Format: | Electronic Article |
| Language: | English |
| Published: |
2023
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| In: |
African journal of law and criminology
Year: 2023, Volume: 13, Issue: 1, Pages: 135-163 |
| Online Access: |
Volltext (kostenfrei) |
| Journals Online & Print: | Drawer...
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| Check availability: | HBZ Gateway |
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| Summary: | Nigeria, the most populous country in Africa, has high rates of urbanization and industrialization. Nigeria as a developing country and emerging from a three-year Civil War (1967-70) was more concerned with the exploitation of its natural resources than the effect of such activities on the environment. Until recently, decisions on most large-scale projects such as expressways, harbours, industries, dams, and irrigation were considered with an emphasis on traditional technical and cost-benefit analysis. Spurred by massive environmental degradation (caused by development) and persistent community agitation in oil producing areas, Environmental Impact Assessment (EIA) legislation was passed in late 1992. Except piece-meal regulation on state environmental sanitation edicts by the various states, there was no formal positive central policy. The Koko crisis of 1998 gave positive impetus to the federal government of Nigeria to be proactive on environmental matters. Prior to this date, none of the constitutions made provisions for the protection of the environment until the promulgation of the 1999 constitution. While the 1999 Constitution made provision for the environment it did not deal with environmental protection. In 1992 the Environmental Impact Assessment (EIA) Act was enacted to ensure that possible scientific and socio-economic impacts of all new industrial projects are evaluated prior to the commencement of the project. A look at the Act showed that it did not have any effect on projects prior to 1992. The study reveals that projects of the oil companies are not regulated by the Act. Yet the oil and gas projects contribute most to the environmental pollution and degradation in Nigeria. Regretfully, the study reveals that the EIA process allows for public participation, though the process is devoid of genuine and meaningful public participation. This procedure is used to justify a decision that has already been made rather than a procedure for evaluating beforehand, the likely impacts of a proposed project on the environment. We recommend aggressive implementation of the provisions of the EIA Act and a strict compliance with the same. This study adopted the doctrinal research method, describing, analyzing and considering the legal basis for prior assessment of proposed projects. The study employs the use of Statute, Books, Articles in Journals and internet sources. 1We adopted the Positivist Theory that Law is a command and that force is needed in the enforcement process to attain the needed objectives within the Act. We recommend that Chapter 11 of the 1999 Constitution should be made justiciable, also section 60 of the EIA Act should be amended to reflect current realities. |
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| ISSN: | 2045-8525 |