1. Role of a Lawyer in
Nuclear Safety,
Security and
Safequards
By
ABULHADI ABDULLAHI ESQ
National Training Course for Lawyers, Sheraton
Hotel & Towers, Ikeja. Lagos. 9-10 July 2012

2. 2. Objective
• To achieve and maintain high level safety,
security and Safeguards of radioactive sources,
nuclear materials by preventing unauthorized
access, damage, loss, theft and or unauthorized
transfer so as to reduce the likelihood of
accidental harmful exposure or the malicious
use or act to cause harm to individual, society or
the environment and to prevent intentional or
inadvertent recycling of radioactive metals for
other uses.

3. Definition of Safety
• Safety is an emplacement of strategies
including rapid response for gaining or
regaining control over orphan sources,
provide for measures to reduce likelihood
of malicious acts, mitigate or minimize the
radiological consequences of accidents or
malicious acts involving radioactive
sources and provide for continuous
improvement of the strategies
sh

4. What is Nuclear Security?
• Nuclear security is aimed at “the prevention and
detection of and response to, theft, sabotage,
unauthorized access, illegal transfer or other
malicious acts involving nuclear materials, other
radioactive substances or their associated
facilities.”.
• By this definition, nuclear security also covers
acts “with or without knowledge of the nature of
the material, sabotage and other malicious acts,
illicit trafficking and unauthorized transfer

5. What are IAEA Safeguards?
Key technical means for verifying
compliance by States with legally binding
undertaking not to use nuclear material or
facilities to develop nuclear weapons or
other nuclear explosive devices

6. The requirement for safeguards
• CSA: Basic Obligations of the State
• Provide information to the IAEA concerning
nuclear material, facilities and activities
• Provide access to the IAEA for purposes of
inspections and design information verification
• Cooperate with the IAEA in the implementation
of the safeguards agreement
• Establish a State system of accounting for and
control of nuclear material (SSAC)CSA:
Elements

7. Lawyers and the regulatory
infrastructure
• The role of lawyers in:
 the legislative process;
 the regulatory processes of notification,
authorization, inspection, enforcement;
 emergency preparedness and response;
 training and education;
 communication to the public and other
authorities;
 quality assurance and management.

8. Why are Lawyers required
• Lawyers have an important role in advising
the Regulatory Body and other decision
makers involved in the protection of persons,
society and the environment against ionizing
radiation hazards. In particular, lawyers are
required to provide legal assistance to:
• Regulatory Body personnel;
• Legislators;
• Judges, or other Justice Officers.

9. 9
Regulatory System
Radiation Sources
Notification; Authorization;
Inspection; Enforcement
Regulatory
Body
Radiation Safety
Legislation
International
Instruments
GOVERNMENT
Regulations
and
Guidance

10. Role of the Lawyer
Lawyers should provide advice in relation to:
– the development and review of legislation;
– the development and review of regulations;
– authorization, notification, inspection, and
enforcement procedures;
– emergency preparedness and response.

11. Role of a Lawyer
Lawyers should provide advice in relation to:
– staff training and education;
– communication with the public and other
government agencies;
– international and national agreements and
Memoranda of Understanding (MOUs).

12. Legislative Process
• An effective legal infrastructure for regulating the
possession and use of radiation sources (both
radioactive substances and radiation
generators) is needed.
• Therefore, Lawyers should have an active
participation in drafting and guiding the
promulgation process of the radiation safety
legislation and regulations.

13. Legislative Process
• The lawyer is bound to take into consideration
other national legislation (existing or in draft) and
international instruments and recommendations
adopted by the State which may have a bearing
on radiation safety in order to:
– avoid gaps and overlaps in the radiation safety
infrastructure; and

14. Legislative Process
• ensure coordination and cooperation of
relevant government agencies;
• ensure the fulfillment of the obligations
assumed by the State in International
Conventions and Agreements;

15. Legislative Process
• ensure that legislation and regulations cover all
applicable aspects of radiation safety within the
State;
• clearly define and allocate responsibilities
between government agencies and users;
• provide advice during the regulation drafting
process to ensure that beneficial practices giving
rise to radiation exposures are not unduly limited;
• provide advice during the promulgation process
of the legislation and regulations in order to
ensure that they are effective and legally valid.

16. Regulatory Process
• In performing their duties, Regulatory Body
personnel will require legal assistance in the
different regulatory processes.
Notification
Inspection
Authorization
Enforcement

17. Notification
• For notifications, the lawyer should provide
advice in drafting notification applications
and assessment procedures.

18. Authorization
• For authorization, the lawyer should provide advice:
• in drafting applications;
• during the assessment process on matters such as
the status of the legal person, etc;
• when the Regulatory Body decides to reject an
application for authorization (which possibly may lead
to an appeal by the applicant);
• to ensure the validity of conditions, restrictions or
limitations that might be imposed on authorizations.

19. Inspections
– For inspections, the lawyer should provide
advice:
• during the drafting of inspection procedures;
• when inspectors are unable to access
premises and coordinate external assistance
• when urgent measures are needed that fall
outside normal inspection procedures.

20. Enforcement
– For enforcement, the lawyer should:
• provide advice during drafting enforcement
procedures;
• assist in the establishment of appropriate
penalties;
• advise on the likely success of a planned
prosecution;
• assist staff members when additional legal
powers may be required for enforcement (e.g.
seizure of a radiation source);
• communicate to relevant government agencies
any alleged offences that are not within the
scope of the radiation safety legislation (e.g.
criminal law matters).

21. Emergency Preparedness
• For emergency preparedness, the lawyer should
examine existing related national legislation and
international conventions which the State has accepted
in order to:
• avoid gaps and overlaps in planning for radiological
emergencies;
• ensure the cooperation of relevant government
agencies;
• ensure that legislation exists to deal with all aspects
of radiological emergencies, clearly defining and
allocating responsibilities between government
agencies and users

22. Emergency Response
• For the response to an emergency, the lawyer
might need to provide advice:
• when urgent measures are required or when
additional legal powers are necessary to
ensure radiation safety and source security;
and
• during the drafting of emergency procedures

23. Training and Education
• For training and education, the lawyer should give formal
instructions to Regulatory Body personnel on the legal
concepts and rules necessary to fulfill their daily duties
as regulators, in particular,:
• the State’s legal system and court procedures;
• inspectors’ responsibilities and interview techniques
to ensure that evidence gathered is not rejected by
the courts;
• the rights of users and other persons during
inspections and interviews.

24. Communication
• The lawyer should provide assistance
to Regulatory Body personnel when it
is necessary to communicate to
government or the public during
emergencies or abnormal situations .

25. Quality Assurance and Management
• For quality assurance (and management), the
lawyer should;
• provide assistance during the drafting, review
and revision of the Regulatory Body’s internal
procedures;
• draft, review and revise corresponding
procedures for the Regulatory Body’s legal
section and follow those procedures in daily
practice.

26. International Conventions and
National Agreements
• For international and national agreements,
the lawyer should:
• advise during the negotiation, drafting,
revision and review of agreements and the
application of international conventions;
• assist during implementation of any
agreement to avoid any unnecessary legal
disputes.

27. In the areas of development and
legislation
• The NSRP Act is under review to meet the
requirement of International Conventions,
Treaties and current development in
nuclear and related matters
• The new bill entitled “Nuclear Safety,
Security and Safeguard Bill” is before
Senate awaiting its concurrence for
passage into law.

28. Achievement
• For example, adherence to relevant treaties,
domestication of the treaties, gazetting of
regulations, authorization of various
practices, the designation of entry and exit
ports for nuclear materials, the
establishment of the Inter-ministerial
Committee on Nuclear Security, the required
support of the Nigeria law enforcement
agencies attest to the Nigeria’s seriousness
as regards the country’s obligation and
commitments towards safety, security and
safeguards of nuclear materials and

29. Achievement
• In 2006 the NNRA inconjuction with Federal
Ministry of Justice gazette the 7nos regulations
in various practice specifics areas in
consonance with IAEA Safety Fundamentals
and other essential materials;
• All International Conventions and Instruments
signed and rectified by Nigeria have been
deposited with the Director-General of IAEA,

30. Authorizations
• The NNRA license attained the
international standard required in the
following areas:
• Legal status
• Terms and Conditions
• Security

31. Notification
• The NNRA Notification forms has also
been standardized and for all intent and
purposes it has served the NNRA’s
requirements for the processing and
assessment,
• There is however the need to review the
notification process to be an all embracing
document

32. Inspection
• Inspections is and still remains the
window, eyes, doors and the roof under
which the NNRA carries out one of her
important functions
• Authorization
• Enforcement
• Compliance

33. Enforcement
• The NNRA is a bulldog it can bark and bite
as can be seen from some of its
enforcement actions;
• The Halliburton incident
• The Funtola incident

34. Enforcement
• The SGS incident
• The Eko Hospital incident
• The Grace Hospital incident
• CERT Zaria
• Western Atlas/SPDC incident
• Recently the NBC PLC incident
• Trinity Hospital, Abuja.
• Greenwich Maritime Nigeria Limited.

35. Enforcement Action/Sanction
• The NNRA via its enforcement policy
document administered the required
imposition of administrative fine as
penalty/sanctions for lesser offences.

36. Emergency and Preparedness
• The NNRA is the 1st Respondent/Incident
Reporter internationally, it is responsible
for coordinating radiological emergencies
and preparedness programmes in Nigeria.
• The NNRA, NAEC, National Emergency
Management Agency (NEMA) and other
agencies are cooperating for the effective
participation in nuclear and radiological
emergency matters within Nigeria

37. Memorandum of Understanding
• The unique role of the NNRA requires it to
enter into MOUs with relevant
governmental agencies in carrying out its
functions.
• In this regard, it has signed, sealed and
delivered MOUs with the following
governmental agencies;
• University of Ibadan in-respect of the
establishment of Institute of Radiation
Protection and Research

38. Memorandum of Understanding
• Nigerian Customs Service
• Centre for Energy Research and Training,
Zaria
• Republic of South Korea
• Russian Federation.
• US DOE GTRI.

39. Draw Backs
• The NNRA is yet to initiate MOUs with the
following;
• The Nigeria Police Force
• The Department of State Services
• The Federal/States Ministry of Health
• The Nigeria Immigration Service
• The Federal Airports Authority of Nigeria
amongst others

40. Draw Backs
• Lack of approval from the Office of Mr.
President on 2 new regulations has stalled
the gazetting by the Federal Ministry of
Justice.
• Regulation on NPP
• Regulations on Sitting of NPP

41. Draw Backs
• Lack of approval from the Office of Mr.
President on the MoUs Between
• NNRA and South African Nuclear
Regulator
• NNRA and US Nuclear Regulatory
Commission
• This has delayed the signing of the
Agreement by both organizations

42. Draw Backs
• Nuclear Law Training Course for Lawyers
• The Case between Nisa Premier Hospital
vs NNRA
• The NSSS Bill
• The NNRA Maiduguri Zonal Office &
others
• The NNRA Headquarters.
• Lack of adequate resources

43. Finally
• The NNRA and NAEC are yet to agree on
some key national legislative requirements
necessary for safety legislation and those
for promotional legislations. A serious
draw back for the country’s nuclear power
programme.

44. THE END
• FOLKS IS PRSENTATION WELL
DELIVERED?

45. • THANK YOU FOR THE
ENDORSMENT !!!
45
THE END