Prior to 1960s, there was no international policy for the protection of the environment. The reason was the low level of industrialisation and urbanisation. However, following increased industrialisation there was international recognition for the need of an institutional framework that would guide the process of protecting the environment.
This gave birth to the United Nations Conference on the Human Environment of 1972.
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The conference, popularly known as the Stockholm Conference, led to the creation of the United Nations Environment Programme (UNEP).
Nigeria, being a strong force among developing countries, took a decision to be part of the Stockholm Declaration. Nevertheless, the declaration and its action plans weren’t enforced in the country. Though environmental sanitation laws were enforced to see to good sanitation.
The federal government, relying on Section 20 of the 1999 Constitution enacted the Federal Environmental Protection Act. This has given birth to many policies and laws targeted at protecting the environment.
However, it is one thing to enact law and another to enforce it. Lack of political will by the government and corruption enable environmental polluters to get away with their crimes.
Few weeks ago, Ilashe Beach, Badagry caught fire. Many were left wondering whether it was another moment of “God being angry at Nigeria because of our sins”. However, further research showed that there was an oil spillage in the beach which led to the fire.
Also recently, there was a report which showed how marine plastic litter is contributing largely to environmental pollution in Lagos. Instead of looking at ways to curb this, we are rather working on recycling the waste. Prevention is better than cure; sadly, in this case we’re not even curing what we’ve failed to prevent.
Individuals, NGOs and government institutions have a role in addressing environmental pollution. A polluter can be sued for the tort of nuisance. A polluter can also be sued under the provisions of Section 20 of the Constitution.
Polluting persons or companies can be sued under Article 24 of the African Charter on Human Rights People’s Rights (Ratification and Enforcement) Act which guarantees the right to good environment. Provisions of the African Charter are binding on Nigerian courts because they have been domesticated by our National Assembly.
In conclusion, there’s a need for the government to be fully committed to the enforcement of these laws by ensuring a thorough environmental impact assessment in all developmental plans. There’s also a need for our laws to be amended to make way for heavy punishment and pollution tax.
Abass Oyeyemi can be contacted via [email protected]
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