1. Name: Oho Oghofomeluo Solomon
Course:Environmental Law 1
Course code:Law 309
Environmental pollution is the release of toxic or harmful substances into the
environment that is harmful to man and cause either naturally or by man. The four
major types of environmental pollution include; land pollution, water pollution, air
pollution, and noise pollution.
Environmental pollution has been a major problem in Nigeria which has been
calling for attention, considering the circumstances and happenings in different
states and communities in Nigeria which have both been caused naturally and by
man or people living in those communities.
The Nigerian government in fact has taken much effort in creating laws in
trying to prevent and stop man-made pollution to an extent because they cannot
stop the natural pollution which is out of man’s control, in some cases the
government do contribute to the environmental pollution in the sense of flooding
where they do not provide the proper drainage facilities.
Moreover, there are two known classifications of environmental pollutants in
Nigeria which are:
1. Natural pollutants:
These types of pollutants happen naturally are usually not man made and are
out of the control of man, certain things can only be done in order to reduce
the damage the pollutants will cause. Someof these natural pollutants in
Nigeria are:
2. FlashFlood: this is due to heavy and excessive rain in certain
communities in Nigeria, for example in august 2012, flash flood hit
the capital of Plateau state, Jos North central region of Nigeria which
destroyed numerous homes and lives, dispossessing them off their
properties and farmlands. The national emergency management
authority had to provide some necessary equipment and food stuff for
their survival during that period of flooding. Also, in the south-south
region of Nigeria, Riversstate also suffered a huge loss to the flood
that occurred there, displacing 830,000 people of their homes and
properties from four different local government areas and 184
communities where the Red Cross group had to send out some boats
to rescue victims trapped by flood in a building.
The nationaland environmental (soil Erosion and flood control)
regulations, 2011:this regulation tries to curb the effect of flood and
reduce the damages caused by flood and it also prevents the activities
which would aid flooding in that particular area and provides that
essential facilities should be constructed to prevent flooding.
Desertification/Erosion:
The present threat the northern part of Nigeria is facing is that of
desertification, where there is rapid land degradation resulting from
human activity and climatic variation which makes crops cultivation
and cattle rearing/grazing less productive. Yobestate is one of the few
northern states that are suffering from this form of natural pollution.
The nationaland environmental (desertificationcontrol and
drought mitigation)regulations, 2011:this regulation also seeks to
provide an effective and pragmatic frame work for the sustainability
of areas affected by desertification and protection of vulnerable lands
3. that could be victims. This regulation also aims at creating awareness
as to the causes and effects of desertification. It also encourages
reforestation, afforestation, and conservation of areas.
2. Human Pollutants:
These are pollutants which arise as a result of human activities, unlike the
natural pollutants, these pollutants are in the control of man and caused from
their activities either economic or social which the government have actually
tried curing by drafting up some laws and regulations covering the activities
that would lead to environmental pollution and some of these pollutants are:
Air pollution in Nigeria: air pollution is the discharge of harmful or
toxic substanceor waste into the atmosphere making it unbearable for
humans or the people around that area to breathe and this would lead
to certain effects both long and short such as pneumonia, bronchitis,
chronic respiratory disease, and lung cancer. Air pollution can be as a
result of fumes from burningbushes, emissionsfrom vehicles, coal
miningand cementfactories, and industrialprocesses even radio
wavesfrom telecommunication masts. In the Niger-delta region, the
locales there are suffering from the harmful effect of Gasflaring
which makes the place unbearable and inhabitable for them. This also
has raised so many attentions bothat the local and international level.
The laws covering air pollution in Nigeria are:
The ASSOCIATEDGAS RE-INJECTIONACT, this act has to do
with the protection of the environment in Nigeria and the affected
states. This relates it to the prevention of gas flaring, in order to keep
the country’s air and atmosphere safe and clean.
The nationalenvironment(control of vehicularemissionsfrom
petrol and diesel engines)regulations, 2011, this regulation aims to
4. control the emissions from vehicles in order to restore, reserve the
quality of air in Nigeria by improving or providing standards of cars
that can be on the roads in Nigeria and its states.
Weaknessofthe act and regulation:just like other Nigerian
environmental laws, this act is not respected by companies who often
resort to bribery of the enforcement agencies and officers. Also, the
regulation is not properly enforced as there is no particular standard of
motor vehicles that can be on the road, allowing damaged and below
standard vehicles with bad engines to be on the road and emit harmful
smoke on the road
Area of pollution: This form of air pollution in Nigeria is usually in
the south-south region of Nigeria where oil and drillingprocesses
take place such as the Niger Delta, Port-Harcourt and Bayelsa. In
fact, the highest rate of gas flaring in Nigeria happens in the Niger
delta Offshores causing halos of light balls because the flares have no
shielding and making the place unbearable for the people leaving in
such villages and these laws have to a large extent failed in protecting
the people of the villages.
Waterpollution in Nigeria:
Water pollution in Nigeria constitutes of different bodies such as
lakes, rivers, oceans and ground water and these classes of water are
being polluted everyday by human activities such as harmful
discharge of wastes into the water or chemicals without treatment
which actually damages and contaminates the water used for drinking
for most villagers and kill the fish life in the water which would
prevent local fishermen from carrying out their daily duties or jobs.
This is a problem that has been facing the people in Niger-delta and
5. other south-south states in terms of oil spillages, damagesto natural
shore linesby dredgingthe canal. It has been estimated that nations
could experience a global water shortage much sooner than expected.
The laws covering waterpollution in Nigeria:
The government and other international conventions and bodies have
stepped in to stop this form of human rights violation in the South-
south of Niger delta.
THE PETROLEUM ACT was established for the minister of
petroleum resources to prescribe regulations for the prevention of
water pollution.
THE HARMFUL WASTE (SPECIAL CRIMINAL
PROVISIONS)ACT provides for the prohibition of carrying,
dumping and importation of harmful waste for any reason without
lawful authority, on any land or territorial waters of Nigeria, the act
goes forward to prescribe the appropriate punishments for such
offenders.
WATER WORKS ACT, 1915, prohibits the pollution of water
works in Nigeria by injurious or noxious matter. This act tends to
hold the companies or industries who release injurious matter into the
water works liable for the contamination of the water and imposes a
fine of N40.00 with a further fee of N2.00 for each time the offence is
committed.
Weaknessofthe laws covering water pollution:
6. The major weakness of these acts and regulations would be the form
of apportioning blame to the offenders is too minimal and would not
serve as deterrence to other potential offenders.
Area of pollution:
Most of this form of pollution occurs in the Niger-delta area where the
indigenes suffer from oil spillagesand damagesto natural shore
linesby dredging the canal suchas ugborodo community located at
escravos, in Warri south june,21,2010. This form of oil spillage and
pipeline explosion happened in NNPC/PPMC Atlas-cove tarkwa-bay,
Lagos November 2000, where they were threatened by a group of
lawyers to file an action in court.
In conclusion, there are different types of pollutions in Nigeria
which vary from one factor to another, however, these pollutants are
classified into broad terms which are the natural factors, and the
man-madefactors, and are divided into land pollution, water
pollution, air pollution, and noise pollution.
However, the enforcement of these environmental laws in Nigeria
has been challenging in the sense that the laws are not met with
effective means of enforcement, compliance and properpunishment to
serve as a deterrence.