LEGAL SANCTIONS FOR THE ABUSE OF FLORA AND FAUNA IN NIGERIA
INTRODUCTION
This work is designed to demonstrate how governments at various levels attempt to arrest the scourge of avoidable abuses of flora and fauna in Nigeria
These efforts of Nigerian government become imperative in view of her swollen population to over 140 million[4] where her citizens interact with flora and fauna in the symbiotic relationship with land, water and air resources in the competition for both economic and domestic survival, medicine and recreation and this, with varying degrees of abuses.
It would be recalled that in the report of the Vision 2010 Committee on Ecology and the Environment, Federal Government plans to complete security of Nigeria
In this exercise, attempts would be made to define key words that feature in the topic, that is, sanction, abuse, flora, fauna and Nigeria
Abuse is an improper use, application to a bad purpose to use for a wrong purpose or in a wrong way[5]. Government creates legal sanctions to stop abuse hence sanctions and liabilities are like Siamese twins. Sanction is a penalty or coercive measure that results from failure to comply with a law, rule or order[6]. Conversely, liability leads to sanction. In other words, sanction is the resultant effect of liability. Liability is the bond of necessity that exists between the wrongdoer and the remedy of the wrong.
Fauna is all the animals of an area[7] or a period of time while flora is defined as all the plants growing in a particular area. Flora is also defined as the wild plants of a particular region, country or time period[8]. It is named after flora, Roman goddess of flowers and fauna as the wild animals of a particular region, country or time period. It is named after goddess of living creatures, sister of Faunus.[9]
HISTORICAL BACKGROUND OF THE EVOLUTION, DEVOLUTION AND DISAPPEARANCE OF FLORA AND FAUNA
Major events took our planet earth from its lifeless molten beginnings to the present day. The scientists[10] break down our planet’s 4.5 billion year history into eons[11], eras, and periods. It all began 4,500 million years ago (Mya) with the Hadean Eon when solar system formed and, in that solar system, a molton earth started to cool and take shape. Then, there was no geological history of the Hadean Eon due to the lack of solid rock. As soon as the Earth cooled and solid rock formed, the geological history began and the Hadean Eon ended[12].
The Hadean Eon was followed by the Archean and proterozoic Eons which are collectively referred to as the Precambrian. It was during the Archeon Eon (3800-2700 Mya) that the first organic life forms developed out of a mixture of inorganic compounds. The oldest prokaryotic fossils date back to the Archean Eon. The proterozoic Eon (2700-590 Mya) gave rise to the first eukaryotic fossils (algae).
Things really started to get interesting at the beginning of the phanerozoic Eon (590 Mya-present). The Phanerozoic Eon (is the current eon and so much has happened thus far during this eon that scientists have broken it down into smaller pieces to describe the events. The Phanerozoic Eon is broken down into the following three eras:
1. Paleozoic Era (590-248 Mya)
2. Mesozoic Era (248-65 Mya)
3. Cenozoic Era (65-present Mya)
The Paleozoic Era (590-248 Mya) is an exciting time in the history of life that begins with aquatic life and ends with a diverse collection of organisms including insects, amphibians, plants, fishes, and reptiles Scientists divide the Paleozoic Era into six periods.
1. Cambrian (590-505 Mya)-aquatic life only, all modern phyla of animals develop, first vertebrates arise, triolobites abundant.
2. Ordovician (505-438 Mya)- Still only aquatic life forms, fishes diversify, invertebrates diverse and domanate, first mass extinction event.
3. Silurian (438-408 Mya) – jawless fishes diversify, jawed fishes develop, first land plants and animals arise.
4. Devonina (408 -360 Mya) – first amphibians, land organisms diversify, first bony fishes, first sharks, second mass extinction event;
5. Carboniferous (360-286 Mya) first reptiles, first conifers, seed ferms abundant, coral deposits.
6. Permian (286-248 Mya) insects, reptiles diversify, first therapsids, cycads and conifers diversity; third mass extinction event.
The Mesozoic Era (248-65 Mya) saw the first mammals but without a doubt, was the era that belonged to the reptiles Mesozoic Era is divided into three periods.
1. Triassic (248 – 213 Mya) – reptiles diversity, first dinosaurs appear, bony fish diversify; fourth mass extinction event.
2. Jurassic (213 – 144 Mya) dinosaurs dominate, first mammals, first birds, gymnosperm forests.
3. Cretaceous (144 – 65Mya) - modern birds, modern fishes, angiosperms, climax of dinosaur domination, period ends with the extinction of the dinosaurs, fifth mass extinction event.
The Cenozoic Era (64 Mya – present) is the age of mammals. Cenozoic Era is divided into two periods.
1. Tertiary (65-1.8 Mya) - placental mammals, modern mammals, primates, grazing mammals, origin of the human family.
2. Quarternary (1.8 Mya-present) modern humans worldwide distribution and dominance, sixth mass extinction event[13].
In January 2009, scientists pursuant to a recent Rapid Assessment Program (RAP) expedition in Colombia’s mountainous Tacarcuma area of the Darien, near the border with Panama announced the discovery of 10amphibians believed to be new to science including a spiky-skinned, orange-legged rain frog, three poison dart frogs and three glass frogs, so called because their transparent skin can reveal internal organs. They also identified approximately 60 species of amphibians, 20 reptiles and also 120 species of birds, many of them apparently found nowhere else.[14]
However, this planet is facing the worst spate of extinction since the dinosaurs died out 65 Million years ago. Some estimates say specie vanishes every 20 minutes, due mainly to human activity and greenhouse gas emissions. The global economy is losing more money from the loss of forests than through the current banking crisis[15].
It is estimated that the animal cost of forest loss is between $2trillion and $5 trillion[16]. The figure comes from adding up the value of the various ecosystem services that forests perform such as the cleaning of water and carbon sequestration. This is as a result of failure to fund nature protection and the resultant effect of the decline in ecosystems and species contained in the various country’s list of threatened species[17].
Planet earth hosts a prodigious amount and variety of living organisms in millions of plant and animal species. Much of this life survives in the soil, the air and the water. The land, water and air are packed with plant and animal life with human beings as higher animals.
This life over a period of time changes chemical properties of the planet, particularly its biosphere – the part of the earth where life exists. For example in the Oceans, the calcium carbonate in shells and coral helps to stabilize the chemistry of the water. Plants and phyto plankton single called algae found near the surface of lakes and oceans help to regulate carbon dioxide and oxygen levels in water and air. And in soil, bacteria and fungi work as decomposers providing inorganic nutrients for plants.
The above shows that God has entrusted to us the planet earth as host for terrestrial life, aquatic life and life in the air which life now form natural resources and sources of energy for human use.
These resources which are attributes of the environment include forests, wildlife, fish, land, water, coal, oil, natural gas, metals, rubber and air are acquired by man to be of value over a period of time albeit, within the limit permitted by man’s social, political, economic and institutional framework except resources like solar and tides that are independent of man’s action.
Our forests and water constitute veritable national assets providing the right habitat for a myriad of living things that are useful in agricultural and medical sciences. These forests and waters contain both renewable and non-renewable resources.
Renewable resources remain as long as they are removed at rates commensurate with their formation and the ecosystem maintained for their perpetuity. The combination of renewable natural resources and ecological endowment of Nigeria
This endowment is based on genes, species and ecosystems which have actual or immediate and potential value to people. Biological resources are manifested as biological diversity which implies genetic diversity, species diversity and ecosystems diversity. For example, just one gram of soil has been found to host 10,000 species of bacteria not to mention the total number of microbes. In fact, it has been said that the diversity of microbes in the air and diversity of microbes in the soil are at par[18].
Non renewable resources are finite and get depleted over time. Biological resources will increase in value when managed properly. Biological resources not only survive, they have the potential to increase when utilised provided the capacity to sustainable use is not impaired.
As for energy, human, animal and plant energy are required for renewable energy and the gas made from the natural decomposition of organic plant and animal material is a higher quality fuel which can be used for many purposes including cooking, lighting, running dual fuel engine, agro-processing, pumping water and generating electricity.
The current energy crisis in Nigeria
The collapse of the electricity sub-sector leading to the incessant power failure and the scarcity and high cost of domestic cooking gas and kerosene have forced most families to resort to the use of firewood as the main source of household energy.
Fuel wood consumption in the northern states has exceeded their sustainable production of trees and this affords tremendous and indiscriminate destruction of the Country’s forest cover.
It has been found that people consume from 1.9kg to 4kg/day/capital of fuel wood depending on household size. About 266 million kilograms of fuel wood is consumed in the Country daily having regard to the Country’s population of over 140 million.
In the Southern states, most of the rainforest have been destroyed and ecosystem impaired. With a land area of 924,000 km2, the original extent of the forest was 72,00km2 (7.8%). This has been reduced to a mere 10,000km2 or 13% with an annual destruction rate of 4,000 (14.3%)[20]. Deforestation is a very important cause of climate change, about 20% of global (greenhouse gas) emission come from deforestation.
In recognition of this, the Federal Government’s policy[21] objectives on the nation’s forest products and wildlife have the following:
1. Consolidation and expansion of the forest estate in Nigeria
2. Forest conservation and the protection of the environment-soil, water, air flora and fauna for effective and sustained use;
3. Regeneration of the forest at a rate higher than that of exploitation;
4. Reduction of waste in the utilization of forest and forest products to a tolerable level at all stages of exploitation, transportation, processing, marketing, and end-uses;
5. Protection of the forest estate from forest fires, poachers, trespassers and unauthorized grazers;
6. Encouragement of private forestry by establishing necessary incentives and guide lines;
7. Creation of man-made forests in various locations and ecological zones for specific end-uses, including firewood, pulpwood and amenities;
8. Increasing employment opportunities in the sub-sector;
9. Development of national parks, game reserves and wilderness recreational facilities;
10. Development of non-woody forest resources which are of significance to local economies, and the encouragement of agro-forestry practices;
11. Co-operating with other nations in forestry development; and
12. Encouragement of alternative sources of energy other wood and the development of more efficient methods of wood energy use.
Now that the world is moving towards green planet, efforts have been aggressively given to pollution free energy such as the use of ethanol from sugarcane, bio-fuels, bio-diesel from algae or jatropha tree[22] which is indigenous to Portugal Cape Verde
It is the impairment of the sustainable use of the nation’s fauna and flora expressed in terms of biological resources through human activities that the law seeks to forestall hence the imposition of various legal sanctions in the Country’s statute books which shall be considered under this topic.
About one quarter and a third of the wildlife has been lost since 1970. Populations of land-based species fell by 25%, marine by 28% and fresh water by 29%. Humans are wiping out about 1% of all other species every year and one of the great extinction episodes caused by pollution, farming and urban expansion, over-fishing and hunting is imminent.
The fortunes of more than 1,400 species of fish, amphibians, reptiles, birds and mammals had declined by 27% in the last 35 years from 1970-2005. Some of the worst hits are marine species which saw their numbers reduced by 28% in just 10years, between 1995 -2005. Population of ocean birds have fallen by 30% since mid 1990’s while land-based populations have dropped by 25%.
Among the creatures most seriously affected have been African antelopes, swordfish and hammerhead sharks, Baiji or Yangtze River Dolphin and Nigeria is not immuned from this plague as many of her fauna as endangered species are cataloged in the Endangered Species (Control of International Trade and Traffic) Act.[23]
In a bid to forestall the foregoing abuse and maintain a sustainable use of the nation’s abundant flora and fauna, the governments in their respective tiers promulgated laws wherein sanctions in terms of punishments of imprisonment, fine, forfeiture and disabilities which laws are interdependent and/or complementary of one another from the Federal Government to the Local Governments.
These legal sanctions are the immediate consequences of various liabilities created by either the environment-related laws or laws that have direct bearing on flora and fauna. Some of these laws are also reflective of many international treaties which have been adopted and domesticated in the Nigerian legal order.
Some of these international treaties not yet adopted are also not without relevance particularly the Universal Declaration of the Rights of Animals wherein the rights capable of stopping their abuse as well as their habitat are comprehensively addressed. Animals and their habits are expressed in terms of flora and fauna.
The legislations regulating inter-relationships which exist among water, air, land, plants, humans and animals abound in the Nigeria
Federal Environmental Protection Agency Act,[24] 1990 (hereinafter simply referred to as “FEPA”) appears to be the only legislation with a clear nomenclature of Environment, the subject matter of which other legislation complement with a view to achieving desired results.
It suffices to state that some of these environment related legislation have been in existence before the promulgation of FEPA Act in 1988 and some, before Nigerian Independence for example the Criminal Code[25] and Penal Code[26] (Northern States) Federal Provisions Act and Wild Animals Preservation Ordinance.
The choice of Land and Water resources as major components of environment where flora and fauna belong in relation to this work is not unconnected with the inevitable interaction and interrelationship among plant, animal and human beings in each of the three components as well as the attendant abuses.
FLORA AND FAUNA AS LAND RESOURCES
Out of the Nigeria Nigeria
The impacts of deleterious acts on the environment from terrestrial, marine and coastal life to the ecological balance of natural areas, biosphere, plant and animal life from which man derives his sustenance now become things of concern.
In the pre colonial Nigeria
The communities of the world imposed social control by the various governments with judicial process as an indispensable aspect of governmental machinery for the protection of environment. The judicial process of a particular social system is normally the amalgam of the peculiar circumstances of the particular society. It is shaped by the fundamental necessities and habits of the whole peoples[27].
Prior to the advent of colonial masters; there was clear absence of specialized judicial structures such as counts and professional judges. The council of elders sits in judgment over such cases of general concern. The traditional Nigerian societies, whether centralized as in the then Northern Region of Nigeria
In the traditional Nigerian societies, the laws were simple and known to virtually everyone. The societies were communalistic in which the duty to ensure obedience to the laws was the duty of all especially with respect to members of the same lineage. The relationship between the civil and supernatural life was very strong. Almost every aspect of civil life was regulated by deities hence the prevalence of myriads of taboos. The ferlitility of the land, the riches and safety of the hunting grounds and fishing ponds, the fertility of the woman, the health of the populace were all under the influence of the deities whose whims and caprices determined and regulated the fortunes of the society in these and many other respects[28].
Some of these traditional rules, due to their long usage as legacies handed down from generations to generations have, in many communities in Yorubaland assumed the status of Native Law and Custom and for which no derogation is allowed without the appropriate sanctions determinable by the traditional chiefs.
In Yorubaland, traditional rulers would sometime put certain forests rich in valuable flora and fauna under reserve whilst any dealing with such forests are strictly supervised by elders or spiritualists of the community. The areas are sometimes under strict traditional rules. Some of these traditional rules are reflected in some Yoruba sayings, proverbs, cognomens and the historical antecedents of the existence of given community. In some Yoruba traditional societies, some fauna majorly the large and medium size animals are mystified.
These mystics are expressed in terms of the animals’ powers, behaviours and viciousness in life and in death and thereby send jitters to the spines of the hunters, poachers and whoever may desire their exploitation. The Yorubas would say “ode ti yoo p’erin ko t’oju egbe, eyi ti yoo p’efon ko toju ajabo, olode ti yoo pa turuku, ko ma s’afira ojugun –meaning – A hunter who attempts to kill an elephant must possess, Egbe[29] buffalo, Ajabo[30] and must wary of his shin in case of warthog.
The foregoing goes a long way to deter the hunters from indiscriminate killing of these endangered species of fauna. It is also believed that a hunter who kills an elephant without appeasement may lose a member of his family. All these were taken to prevent infractions on the taboos which are linked with cognomens of these animals, the fears these from them tend to deter their indiscriminate exploitation.
For example, the cognomens of warthog as “eran a b’oko lenu”- meaning – an animal with a hoe in its mouth” and buffalo as “eranko ti ko gbo mosa di’yami” – meaning – an animal with zero tolerance for refuge with one’s mother”. All these go to show that these animals should be death or interacted with cautiously or better still, avoid them for reason of their viciousness.
It is the Yoruba saying that “Eni ti n se igbonse ko mo ja ewe owu nu idi, eni to se igbonse to ja ewe owu nu’di bope titi oju aso ni’pon eni naa”[31] meaning that – “no one plucks cotton’s leave for cleaning after defecation without the spell of nudity.”
The above gives a traditional rule of keeping the sanctity of cotton plant and for which anybody who breaches the rules becomes a wrongdoer. This has nothing to do with any immediate physical sanction. In this connection, the wrongdoer himself would know that he is liable for the predicted misfortune of nudity.
The essence of being liable for a wrong doing is to desist from doing it and much is achieved by the taunting spirit of being liable hence the assurance of a virile and healthy environment.
Apart from cotton plant, other terrestrial environment that inhabits groves or forests rich in sacred plants and animals benefit immensely from these traditional rules, for example, the taboos associated with land resources which include “Igbo Oro” – “Oro’s grove”[32], “eran abohun”, that is, sacred animals[33] such as “Kunugba/Ira” – “hartebeest”[34], “Agbonrin” “Red fronted gazelle”[35], and host of others have all contributed to the concept of liability and sanctions as far as terrestrial resources are concerned.
Aside from the foregoing customary and spiritual sanctions, the statute books in operation then created in clear terms some sanctions for the abuse of terrestrial resources.
In the colonial Nigeria Nigeria
Pursuant to the above Ordinance, many forest reserves were created under and by virtue of 1958 Forestry Ordinance, there were 458 forest reserves with a total area of 28, 907 square miles. The Ordinance was designed for the preservation and control of forest supervision varied from simple patrolling to plan management.
It is pertinent to made that these Ordinances were targeted at certain human activities capable of causing forest degradation or destruction, such as unlawful taking of forest products, uprooting, burning, stripping off the bark or leaves from a tree, setting fire to grass and other forest products. The purposes and intendment of these colonial laws were relics with no aggressive drive for the real protection of flora vide the provision of legal sanctions for non-compliance with the laws.
In the post colonial Nigeria, the contents of the colonial laws took a new dimension with the enactment of the Forestry Amendment Law 1969, Western state and the Forestry Amendment Law 1973 No. 2 Western State, the Forestry Law, 1960 Northern Region. As a matter of fact, the Forestry Laws in the new states albeit derived from the colonial laws made bold attempts at seriously protecting the forests and forest products through the creation of various legal sanctions. For example, the 1978 Forestry Laws of Oyo State through its relevant its sections create legal sanctions for the commission of offences created by the law.
Under sections 44, 45, 47, 48, 52, 53 and 54 of the Forestry law offences and penalties prescribed thereto which penalties include payment of fines, imprisonment, seizure and other penalties which may either by general or additional. Section 52 of the Oyo State Forestry Law provides thus:
Any person who contravenes any regulations made under
this law of the conditions of any license or permit issued under
this law for which no penalty is expressly prescribed shall be liable
to a fine one hundred naira or to imprisonment for six months or to both.
The above provision is important having regard to its omnibus nature as it serves as a cover for any omission in the law as far as sanctions for any offences that may be committed under this law.
Wild Animals Preservation Ordinance 1958 was promulgated to protect wildlife species and their habitats. Certain sanctions were created under Sections 4, 5, 6, 7 – 13, 14, 15, 17, 18 whilst Section 39 of the Ordinance[36] provided sanctions or penalties for the liabilities inherent in the aforestated sections of the Ordinance.
In the absence of Section 39 of the Ordinance, offences created or restraints imposed by the aforestated sections of the Ordinance would have been merely directory and thereby make nonsense of any sanction in law as same suggests a waiver.
Following the Ordinance, the Regions in the country promulgated Wild Animals Preservation Law, 1959 (West); after independence. Wild Animals Preservation Law 1963 (North) Wild Animals Preservation Law, 1965[37] (East) Kainji Lake National park Decree, 1979; National Parks Decree 1991 and Endangered Species Decree 1985. When states of the federation were created, Lagos State in 1972 enacted Wild Animals; Wild Animals Preservation Law 1978 (Oyo State) Wild Animals (Amendment) Edict, 1975 (North Eastern State); Wild Animals Law (Amendment) Edict, 1978 (Kano State).
In respect of forest as an indices of flora as the country’s renewable resources of vital importance to the nation’s social and economic wellbeing. The forested land provides enormous proportion of the country’s food, fiber, energy, water, wildlife and fish, recreation and aesthetic values. Some environmental problems relating to forest resources have been identified to include population growth, economic expansionist policy and activity, logging or timber exploitation, farming, urbanization, bush burning, firewood collection, grazing, infrastructural development and a host of others.
The legal protection of the forests started by the promulgation of Forestry Ordinance in 1901, and then came the 1958 Forestry Ordinance[38] and the Forestry Laws of the states of Federation. The Ordinance made provisions for dealings with the country’s 458 forest reserves with a total area of 28,907 square miles, that is, 7.7% of the total area of Nigeria
The Ordinance made culpable anybody that engaged in activities capable of causing forest degradation or destruction such as unlawful taking of forest products, uprooting, burning, stripping off the bark or leaves from a tree, setting fire to grass and other products thereby created legal inabilities for any indulgence in the anti-forest activities aforesaid.
In relation to animal species, the Diseases of Animals Ordinance 1948[39] and later 1958[40] also provided some sanctions for the abuse of flora as an integral part of an environment vide its section 7[41] in terms of the prevention of the introduction and spread of infectious or contagious diseases among animals.
The 1958 Ordinance[42] did not make any provision for the punishment of the offender or wrong doer but the Regulation made thereunder vide the exercise of powers to make regulations by the Governor-general-in-Council and Governor-in-Council under Sections 3 and 4 of the Ordinance provided punishment of $50 or 6 months imprisonment vide its section 21.
Despite the uncertainty surrounding the Diseases of Animals Ordinance 1958 in terms of the scope and extent of liability of offenders, the Criminal Code Ordinance came handy and provided a criminal liability for the offences relating to the introduction and spread of infections or contagious diseases among animals under its special head of Communicating Infectious Diseases to Animals thereby criminalizing the act of any wrong doer vide its Section 456 which provides thus:
Any person who willfully and unlawfully causes, or is concerned in causing, or attempts to cause any infectious disease to be communicated to or among any animal or animals capable of being stolen is guilty of a felony, and is liable to imprisonment for seven years” Here the animal within the contemplation of the law is one capable of being stolen. This requirement presupposes domestic animals or wild animals in captivity or captured alive from their natural environment.
Animal Diseases (Control) Decree 1988 is reproduced verbatim in the Animal Diseases (Control) Act. Cap A17 Laws of the Federation of Nigeria 2004 which provide for the control and prevention of animal diseases, with a view to preventing the introduction and spread of infections and contagions diseases among animals, hatcheries and poultries in Nigeria.
Section 1 prohibits the importation of any animal, hatching eggs or poultry into Nigeria except under a permit granted by the Director in the Federal Livestock Department and subject strictly to the conditions stated in the permit. Such imported animal, hatching egg or poultry may be subjected to examination, disinfecting, inoculation and quarantine at the expense of the owner, as the Director deems necessary.
Section 3 and 4 of the Act prohibit the importation of any biologics, infections agent respectively into Nigeria except under a permit in the form set out in the 11th schedule to the Decree whilst section 8 provides that any person who has control of any animal infected or suspected to be infected with any of the diseases listed in the 1st schedule.
Sections 10 and 17 of the Act create offences and provide necessary sanctions in terms penalties ranging from fine to imprisonment. Section 10 provides thus:
Except as otherwise provided in this Act, any
person who is guilty of an offence, non-compliance
or contravention of this Act, shall be guilty of an offence
and shall be liable on conviction to a fine of N250 or to
imprisonment for three months, and any animal in
relation to which the offence has been committed may
be forfeited.
Section 17(2) provides thus:
Any person contravening any provisions of this
section shall on conviction be liable to a fine not exceeding
N100 or to imprisonment for a term not exceeding thirty
days for the first offence and to a fine not exceeding
N200 or to imprisonment for a term not exceeding two
months for each subsequent offence.
Live Fish (Control of Importation) Act 1965 regulates the importation of live fish for the purpose of controlling diseased species. Section 1 of the Act bans the importation of any live fish into Nigeria except in accordance with the terms of a license issued by the Minister such a licence may be granted either unconditionally or subject to such conditions as the Minister considers expedient among live fish in waters from which he considers that fish may be caught for consumption in Nigeria.,
In this category is Section 247(b) of the Criminal Code where it is provided thus:
Any person who does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, whether human or animal is guilty of a misdemeanor, and is liable to imprisonment for six months.[43]
The foregoing sections of the law impose obligation which breach attracts punishment thereby making liable any person who engages in the spread of infection of any disease.
Aside from the above, there are some sanctions relating to the environmental hazards arising from drought, desert encroachment, soil erosion, flood and other natural disasters such as hurricanes, blizzards, tornadoes, thunderstorms, hail, lightning, fog, forest fire. Although these disasters are natural but some are the fallouts of ruinous hands of man and the government has taken drastic measure in forestalling these unfortunate events that are not independent of man.
Desertification[44] being basically a physical process by which, the plant cover, species diversity and primary productivity of and/or semi-arid ecosystem is drastically reduced. In the tropical regions, it is more telling because the greater part of the livelihood of the poor depends directly on the forest. In Nigeria, desertification became very popular after the episode of the Sahelian drought of the 1970’s. About 140,000 square kilometers representing 15% of the Country was affected whilst about 67,255 square kilometers of Sokoto State is said to be under siege and about 64,125 square kilometers of Borno State was also affected.[45]
Desertification which can also occur as a result of natural shifting of climatic zones is not totally immuned from human activities of deforestation, bush burning and overgrazing for example bush burning, tree felling, logging are dealing a devastating blow to the environment hence the promulgation of law regulating these nefarious activities of man.
The destruction of forests has aggravated soil erosion in many parts of the south. For instance, Imo, Anambra, Enugu Benue and Ondo States
In the northern states, desert encroachment has taken over Sokoto, Kebbi, Tatsina, Kano Borno States Nasarawa , Niger Plateau States Guinea
Under the aforesaid Forestry Laws and the recent amendments introduced by some State with Ondo State assuming leadership role in terms of enduring improvements that accord with modern realities in that the law introduced a new and welcome ideas into forest management that accords with the Nation’s Agricultural Policy made in 1988 which policy was patterned along the Forest Ordinance.[47]
The new Forest Law[48] of the States empowers the Governor of the State to set apart specific forest lands as government forest reserves and protected forests and some make provisions for afforestation.[49]
Under the Ondo State Control of Bush Burning Edict No 4 1989, indiscriminate bush burning is expressly prohibited so that any person who violates the provision of the Edict is liable to a term of five years imprisonment without an option of five for the secured offender[50].
Due to the menace of bush burning, states have promulgated laws prohibiting same. For example Ogun State Prohibition of Bush Burning Law 1985; Ogun State Prohibition of Bush Burning (Amendment) Edict 1990; Kaduna state Bush Burning control Edict 1985.
The other subsections also crate some clear liabilities for the breach of any provision of the Edict and all these in sharp response to the environmental hazards created by man.
The Imo State Land and Water Resources Conservation (Erosion Prevention) Edict 1986[51] deals with factors causing soil degradation, inappropriate farming practices and bush burning. The Edict incorporated Quarries Decree 1969[52] and creates sanctions for contravention of the law vide its section 8(3) and prescribes penalties of 6-12 months imprisonment and fine of N500-N1,000 as well as additional fine for the continuation of the offence.
The Aba Local Government (Establishment Instrument etc) 1977 and Lagos State Environmental Pollution Edict 1989[53] are also instructive. The former has positive implication for soil (land) resources conservation through the preservation of the natural vegetation and prohibition of bush burning whilst the latter provides for the control of pollution and protection of the environment from abuse hence the creation of sanction by the provisions of section 25(1) with the punishment of a fine.
Abia State Environmental Protection Agency Edict 1994 addresses generally the protection of the State’s fragile ecology, management of land degradation and watershed rehabilitation and crated liability for contravention vide its section 21(8)(a) and (b) where it provides thus:
Any person who contravenes, attempts to, contravene or aids or abets or counsels or procures any other person to contravene these general provisions of the section dealing with the protection of the State’s fragile ecology, management of land degradation and watershed rehabilitation shall be guilty of an offence and liable on conviction to a time not exceeding N10, 000;00 or to imprisonment for a term of five years or both. Where the offender is a body corporate, organisation or company, it shall be liable to pay a fine not exceeding N500, 000.
It is necessary to state that some of these laws mirror the dictates of some International Conventions. These conventions to which Nigeria is a signatory include Convention on Biological Diversity 1992[54], United Nations Convention to Combat Desertification (UNCCD),[55] Convention on International Trade in Endangered species of Fauna and Flora (CITES) 1973[56], Convention for the protection of Fauna and Flora of Africa 1993 and 1949[57], African Convention on the conservation of Nature and Natural Resources, 1968[58], Convention for the Prevention of Marine Pollution from Land – Based Sources 1974[59], Convention on the Conservation of Migratory species of Wild Animals, 1979[60].
In ensuring the effectiveness of the Forestry law and Nation’s Agricultural Policy, the structure created by colonial law on the use of Forest Attendant, Forest Guard, Forest Ranger and Forest superintendent appear not to have been comprehensively utilized in the implementation of the law seeking to protect the Nation’s Forest products.
The whole essence of promulgation of any law is to avoid its breach with a view to achieving a designed goal, then the issue of liability comes in to bring into bear the rationale for and dire need of ensuring compliance with the law.
The work of Forest Attendant which includes the following cannot be over emphasized in ensuring compliance with the Forest law:
1. Performing, under supervision, routine manual work in a plant nursery, garden, plantation, forest or sanctuary;
2. Cleaning and maintaining access routes and boundaries;
3. Collecting the required materials for herbariums;
4. Preparing soul mixtures for nursery root;
5. Tending nursery stocks and ornaments in gardens;
6. Preparing wild animals carcasses for display;
7. Feeding zoo animals; and
8. Performing simple record, stores or manuals duties in a plant nursery; Garden, plantation, forest or sanctuary.
Paying lip service to the above accounted for the failure of President Obasanjo’s Agricultural policy of tree planting christened National Tree Nursery Development (NTND) in 2001 as was entrusted into the hands of wrong persons whose orientation and background are shorn of any of the above functions, what is more, that policy not backed with effective law makes nonsense the concept of liability as same remains a toothless bulldog till date.
It appears Forest Guards are given recognition in the Forest Law and National Parks Act but the performance of their duties which include the following remains haphazard. The Forest Guards are to Police and Patrol Forests
The above duties appear most instrumental and important to the realization of the objectives of the Nation’s Agricultural Policy but news from the Nations eight National parks are nothing to write home about in terms of record of apprehension of offenders when the said laws made liabilities for anti-forest activities clear in its varying degrees particularly having regard to the provisions of Sections 37, 38 and 39 of the National Parks Service Act 1999[61].
The sections aforesaid create sanctions for various offences which include hunting in the parks, use of weapons, introduction of wild animals without consent permission of entry of domestic animals and plants in the parks, prospecting for generic materials in the parks as well as aiding and abetting and abetting of offences.
However, the effort of the Old Oyo National Park’s Director[62] is commendable in ensuring that liabilities under the law are not for window dressing as his vigilance and commitment to work have led to several arrests of offenders who have made our National Parks a haven of their dastardly acts. Between 2006 – 2008, a total number of 357 arrests were made for hunting, grazing, logging, honey harvesting, illegal exploration of natural resources and fishing inside the park[63].
As for Forest Ranger whose responsibilities should be to carry out periodical inspections of sawmills to ensure that only authorized logs are being numbered, writing periodical reports of patrol inspection in Forest Reserves and advising the Local Government on Security of Forest Reserves, the law has not really taken into cognizance these salient functions and most Local Government Laws are bereft of this requirements capable of guaranteeing healthy environment.
It is pertinent to note that environment is not seen only from the angle of promotion of public health or welfare but also in the use and value with particular reference to the development and productive capacity of the human, animal or plant life. In this connection, the law dealing with the management preservation and conservation of the nation’s resources particularly on the propagation of fish and wildlife are worthy of consideration.
Although, the Federal Environmental Protection Agency Act[64] appears comprehensive in this regard particularly as it relates to National Environmental Standards on Water and Air Quality. May it be noted that FEPA which has recently been rechristened National Environmental Standards and Regulations Enforcement Agency[65] (NESREA) affords no serious change required by the realities of Nigeria’s environment. The change only affects the name and not the substance or content of the law which has though, been reviewed in a bid to bring it in accordance with modern realities of how environment should be. The law deserves more radical approach in this direction of changing with the tides of time.
The Endangered[66] Species (Control of International Trade and Traffic) Act 1990[67] offers a fairly comprehensive legal framework for the protection and use of animal species particularly those threatened with extinction being completely prohibited and others with licence or permit. The aspect relevant to this work is Section 5 which creates sanctions for the violation of any of the sections of the Act and prescribes liberal punishment of N1, 000.00 fine and forfeiture.
Interestingly the Petroleum Act (Drilling and Production) Regulations 1990[68] attempts to but does not create sanctions for the cutting of trees without the consent of the state authority in the sense that the provision of Sections 21 and 25[69] are merely directory and this create no liability. The rationale for this is not far fetched because forestry matter is largely seen as the business of State Government.
FLORA AND FAUNA AS WATER RESOURCES
Earth’s abundance of water in its liquid form is another terrestrial phenomenon. It is an enigma in that it is both simple and complex. Water is essential to life, making up about 80% by weight of all living things, oceans covers about 70% of the earth, giving them a major role in climate control. Indeed, oceans and atmosphere are practically and constantly exchanging heat, water, gases and momentum in the form of wind and waves. They also work together carrying solar heat away from the Tropics towards the poles, thus, moderating global temperatures. In fact, for most organisms to survive, temperatures must stay within the range that allows water to remain in liquid.
Water performs important functions in any given environment. Water can store a lot of heat without a substantial rise in temperature, this, helping to moderate climate, water expounds when it freezes, causing ice to float and form an insulating layer. If like other substance, water became more dense as it froze, the lakes, the rivers and the seas would solidify from the bottom up, entombing everything in ice, water is highly transparent, enabling light-dependant organisms to survive at considerable depths, water molecules produce surface tension, creating an elastic skin.
This tension enables insects to scamper about on a pond causes water to form into droplets and contributes to the capillary effect which helps water to hydrate the tallest plants and water is most efficient solvent known. It is able to carry in solution oxygen, carbon dioxide, salts, minerals and many other vital substances.
In the pre-colonial Nigeria
In the colonial Nigeria
Notwithstanding the above, various native authorities made local fishing rules under their general powers whilst section 16 of the Ordinance in creating sanction prohibited the use of poisons and explosives, albeit, for geographical consideration. Owing to this, enforcement was very difficult and prosecution very rare notwithstanding the establishment of fisheries Service for the investigation of new methods of catching, growing and preserving fish and with the general co-ordination of fisheries development.
The post colonial legal mechanisms for the conservation and/or exploitation of the nation’s fisheries resource are very significant. The Sea Fisheries Act[71] incorporating the old Sea Fisheries (Licensing) Regulations, 1992, the Sea Fisheries (Fishing) Regulations 1992 and Sea Fisheries (Fish Inspection and Quality Assurance) Regulations make provisions discouraging environmentally unfriendly methods such as the prohibition of any explosive substance and the use of any noxious or poisonous matter, prohibition of motor fishing boats from fishing within the first five nautical miles of the waters of the Nigeria. Continental shelf prohibition of manipulation of the mesh in any part of a trawl net[72], prohibition of keeping on board of any lobster or crab less than 7cm or 6cm respectively.
Paragraph 11 of the Regulation makes it an offence to catch, land, retain, sell, expose or offer for sale or be in possession for the purpose of sale of sea fish of any description being fish of smaller size than such size as may be prescribed in relation to a fish of that description.
Paragraph 14 imposes a duty in the Nigerian Institute of Oceanography and Marine Resources to publish before 31st January of every year the minimum total length of fish that may be caught during the year, for each of the commercial species taking into consideration (a) the 5% retention length of the legal cod – end mesh; (b) the fish demand and supply situation; and (c) the health of fish resources.
Nigeria has demonstrated a serious legislative effort in protecting her waters and aquatic resources from the adverse effect of environmental abuse hence the promulgation of FEPA on National Environmental Standards on water quality wherein the Agency was enjoined by the provisions of Section 15 to take into consideration such factors as “the use and value for public water supplies, propagation of fish and wildlife, recreational purposes, agricultural, industrial and other legitimate uses”.
The above is a reflection of the Nation’s Agricultural Policy 1988 and National Policy of the Environment,, 1989 when the government planned or proposed inter alia, the use of the River Basin concept for water management, control of sources of pollution erosion or floods, conservation and improvement of water quality conditions and ecological systems of the water bodies for fishes and other fauna and flora.
Flood being a body of water which rises to overflow land which is not normally submerged has dealt a devastating blow to the nation’s environment. Flood occurs when an abnormally large quantity of water which cannot be accommodated within the channel is supplied to an area not usually under water.
Some floods result in major disasters involving structural and erosion damage, disruption of socio-economic activities, transport, communication, loss of lives and property, displacement of people destruction of agricultural land and contamination of food, water and the environment in general. The sad experience of such disasters in the 70’s and 80’s particularly in Ilorin and Kano would wished to be forgotten in a jiffy lest the terrible experience of Ogunpa River on the 30th August, 1980.
The control of water pollution and conservation of the nation’s water resources are dealt with by a number of Federal and State statutes thereby creating liabilities which are designed to forestall the abuse of environment.
The provision of the Section 247 of the Criminal Code prohibits fouling of water when it provides thus:
Any person who corrupts or fouls the water of nay spring, steam, well, tank, reservoir or place so as to render it less fit for the purpose for which it is ordinarily used, is guilty of a misdemeanor and is liable to imprisonment for six months. This liability is very clear.
The combined effects of sections 1-3, 5, 6 and 17 of Oil in Navigable Waters Act 1999 create liability for the discharge of oil into designated sea areas and provide penalty for specified offences as well as the enforcement of the International Convention for the Prevention of Pollution of the Sea by Oil.
As for Petroleum Act (Drilling and Production) Regulations which section 25 offers what may be described as “advice” creates no liability when it provides that a license or lessee shall take practicable precautions to avoid pollution of inland water systems as well as the territorial waters of Nigeria or the high seas by oil, mud, or other fluids or substances capable of causing harm or destruction to fresh water or marine life. If any such pollution occurs, the licensee or lessee must take prompt steps to control and if possible end it.
In the category of directory laws are the Quarries Act 1969, National Environmental Protection (Pollution Abatement in Industries and Facilities Generating Waste) Regulations, 1991, River Basins Development Authorities Act 1990. These laws create no sanction or liability.
However, situation is different with the Harmful Waste (special Criminal Provisions, etc) Act (cap 165, 1990) which prohibits the carrying, depositing and dumping of harmful waster on any land, territorial waters and matters relating thereto. Sections 1-5 of the Act create liability and prescribes penalty of life imprisonment on conviction.
Aside from the foregoing, Nigeria
There are also Agreement Concerning the River Nigeria Commission and the Navigation and Transport on the River Niger Basin, 1964, Convention for the Prevention of pollution of the sea by Oil, 1954, Convention on the prevention of Marine Pollutions by Dumping of wastes and other matter, 1972, Convention on the Control of Trans-boundary movements of Hazardous wastes and their disposals, 1989, Convention for the prevention of pollution from ships (MARPOL) 1973, Convention of the High Seas 1958, United Nations Convention on the law of the sea 1982, Ramsar Convention on Wetlands of International Importance 1971, International Whaling Convention 1931 and Antarctic Treaty 1961.
All the above conventions to which Nigeria is signatory have contributed immensely on the development of Nigeria’s municipal laws promulgated on the protection of environment from. Not al the conventions are adopted by Nigeria and this cast doubt on the applicability in the enforcement of the country’s law and order.
The first port of call is the position of the Apex Court in the case of Gani Fawehinmi V Sanni Abacha[73] where the learned justices of the Supreme Court in interpreting the applicability of International Instrument like the Africa Charter held thus:
We cannot afford to be immuned from the
progressive movements manifesting themselves
in international agreements, treaties, resolutions,
protocols, and other similar understandings as well
as in the respectable and respected voices of our
learned brethren in the performance of their
adjudicating roles in other jurisdiction.
The Sea Fisheries Act makes provisions under Sections 1, 8, 9 and 10 for the regulation of motor fishing within the Nigerian territorial waters which provisions create sanction when they prohibit certain method of fishing like the use of any explosive or noxious or poisonous water. Punishment of 6 months imprisonment or N200 fine or both are provided for.
Following the Federal enactment, some State and Local Governments promulgated some important laws seeking to protect aquatic environment from abuse. The Abia State Environmental Protection Agency Edict 1994 establishes a state water quality effluent limitations standard. Section 17(i) mandates the Agency to set an interim goal to make all state water safe for marine resources which non compliance by virtue of section 17(3) constitutes a liability and fine not exceeding N500,000;00.
In Ogun State, the Fishing (Prohibition of Certain Modes of Fishing) Edict 1986 makes liability for the contravention of the provisions relating to the prohibition for the use of fishing nets with less than 4-5 centimeters for fishing purpose in any stream, lake or river in the State.
The Awo nets draw nets exceeding 365.8 metres lengthwise or having a mesh of less than 7.6 centimeters in the wing and 5.1 centimeters in the lag when same measured across a hold with the net stretched are equally prohibited. The Edict also prohibits the use of explosives, poison or electrical devices in the State.
The Lagos State Environmental Pollution Control Edict, 1989 prohibits the use of Gamalin 20 or any herbicide or insecticide or other chemicals to kill or whatever purpose in rivers, lakes, or streams within the state, without first obtaining written approval of the Ministry of the Environmental and Physical Planning. The Imo State Local Government Edict, 1976 prohibits, restrict or regulate the capture, killing or sale of fish of the kind specified in the bye law.
The penalty for chemical fishing under the Lagos State Edict is a fine not exceeding one hundred Thousand Naira and a fine not exceeding N500, 000:00 for corporation or nay incorporated body. All these penalties are products of sanctions created by the law.
FLORA, FAUNA AND AIR POLLUTION
Space is dangerous place filled with lethal radiation and meteoroids. The earth is protected by amazing arm or from a powerful magnetic field and a custom-made atmosphere. Earth’s atmosphere provides additional protection. An outer layer of the atmosphere, the stratosphere, contains a form of oxygen called ozone, which absorbs up to 99% of incoming ultraviolet (UV) radiation.
Thus, the ozone layer helps to protect many forms of life, including humans and plankton from dangerous radiation. The amount of stratospheric ozone is not fixed but indirectly proportional to the intensity of UV radiation, making the ozone layer, a dynamic efficient shield. The atmosphere also protects human, plant and animal from a daily barrage of millions of meteoroids, ranging in size from tiny particles to boulders. Fortunately, by far the majority of these burns up in the atmosphere, becoming bright flashes of light called meteors.
Earth’s shields do not block radiation that is essential to life, such as heat and visible light. The atmosphere even helps to distribute the heat around the globe and at night the atmosphere acts as a blanket, slowing the escape of heat.
The air in this respect is considered in terms of earth’s atmosphere where mixture of gases that permeate the earth is breathed by humans, plants and animals. The atmosphere being a mixture of different gases and aerosols performs more function than for purpose of breathing for living organisms in that information and science technology have found a convenience in it for transportation, navigation, satellite transmission, and telecommunication. The atmospheric activities are most influenced by human and non-human activities from both land and sea.
In the pre-colonial Nigeria
The effect of emission of noxious substance into the atmosphere was well captured by the foregoing saying and its relevance to the modern day realities cannot be doubted.
The Colonial Nigeria did not have adequate legislative control of air pollution save for what the Criminal Code which was enacted on 1st June, 1916 offered in Section 247 when it provides thus:
(a) Any person who vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighborhood, or passing along a public way; or
(b) does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, whether human or animal is guilty of a misdemeanor, and is liable to imprisonment for six months.
The post-colonial legal books are replete with legislation on the control and regulation of air quality. Section 17 of the FEPA[75] mandates the Agency to establish criteria, guidelines, specifications and standards to protect and enhance the quality of Nigeria
To achieve the above, the Act places premium on:
(a) minimum essential air quality standards for human, animal or plant health;
(b) the control of concentration of substance in the air which separately or in combination are likely to result in damage or deterioration of property or of human, animal and plant health;
(c) the most appropriate means to prevent and combat various forms of atmospheric pollution;
(d) controls for atmospheric pollution originating from energy sources including that produced by aircraft and other self propelled vehicles and in factories and power generating stations;
(e) standards applicable to emission from any new mobile source which in the Agency’s judgment causes or contributes to our pollution which may reasonably be anticipated to endanger public health or welfare; and
(f) the use of appropriate means to reduce emission to permissible levels.
The FEPA itself creates sanctions under the Act for any violation whilst the first point of call on relevant statutes is the Associated Gas Re-Injection Act 1979. This law provides for utilization and conservation of natural gas and its sections 3 and 4 provide for penalties in case of liability or want of compliance with the law.
The Factories Act 1987 was enacted to ensure pollution – free environment at the workplace and adjoining surroundings. It provides that factories which emit dust, fumes, or other impurities of such a character and to such an extent that is injurious or offensive to the employees, in the manufacturing or production process, must take all practicable measures to protect the employees against inhalation of the dust, fumes, or other impurity.
In this connection, Lagos State which witnesses a considerable number of manufacturing factories and companies has tried in taking care of the abuse in its State Environmental Pollution Control Edict 1989. Section 15(i) of the Edict prohibits the discharge into the air of any inadequately filtered and purified gaseous waste containing substances injurious to life and property whilst subsection 2 provides that person on the Lagos metropolis must not burn any type of refuse, bush, weed, grass, tyres, cables without obtaining a written permission from the State Ministry of Environment.
The legal responsibility placed on FEPA in the preservation and maintenance of the nation’s atmosphere is not limited to air quality standards and strategies but also relates to the protection of the ozone from depletion that may adversely affect the health and sustainability of the nation’s flora and fauna.
There is no gainsaying the fact that Nigeria has experienced a colossal abuse of her flora and fauna right from its existence and that the various tiers of government have, tremendously, tackled the scourge through promulgation of legislation which legislations or statutes are however so kind to remind us of the ignoble impact of such abuses and accordingly create liabilities thereto. These liabilities have come to stay with the hope of steady improvement in their actualization vide an enduring enforcement of the relevant laws.
The fact that environment related laws are intrinsically worthwhile pricks the public conscience in accepting what legal sanctions created by the laws offer in terms of punishments and penalties to offenders notwithstanding the seemingly strangeness of legal order on environment arising from recent global awareness of the abuse of environment where human beings, plants and animals interact.
Although Nigeria being signatory to considerable number of international treaties has paid lip service to the promulgation of the constitutionally recognised laws at the National level to reflect most of these international treaties in the Country. Even at the level of sub region, the Economic Community of West African States (ECOWAS)’s regulations for the harmonization of laws, policies of the pesticides submitted for adoption in June 2008 still remains haphazard notwithstanding the International Labour Organisation (ILO)’s conservative estimate that workers suffer 270 million occupational accidents and 160 million episodes of work related diseases each year. Out of 2.2 million fatalities, 439,000 are caused by chemicals and of the 160 million related diseases; 35 millions are due to chemicals[76]. May it be mated here that what happens to human being as higher animal in terms of abuse must of necessity affect fauna as lower animal.
In the same connection, the World Wildlife Fund (WWF) has called on governments, Nigeria inclusive, to honour their commitments to put in place effective protected areas for wildlife and to adopt a target to achieve net annual zero deforestation by 2020[77].
However, the little that has been done in terms of recognition and adoption a number of these treaties is highly commendable but more efforts should be geared towards realization of their aims through entrenchment of proper machinery for their enforcement to nip in the bud disease and death as the unfortunate effects of abuse of fresh air and water and impairment of the sustainable use of plants and animals so that the Nigerian environment remains healthy and habitable for flora and fauna.
In the avoidance of the fate that befell Kyoto protocol Nigeria must more with the tides of time now that the United Nations and world delegated are to converge in Poland in early December to deliberate on what a treaty to replace the Kyoto protocol based in confirmation from the delegates that they are committed to the principle of achieving a 50% reduction from 1990 rates by 2050 in global emissions of green house gases, and that a post – 2012 climate treaty will reflect that. The provisions of Environmental Impact Assessment (EIA) Act[78] on the compulsory conduct of an environment impact assessment for all projects and activities that may likely or to a significant extent, affect the environment.
In this connection is the activities of Telecommunications companies expressed in the proliferation of masts and base stations in breach of environmental laws and regulations. By the Act, Telecommunication companies are expected to obtain Environmental Impact Statement (EIS) from the Federal Ministry of Environment prior to the erection of masts and base stations. NESREA has taken up the challenge of enforcing the liabilities created by FEPA in the enforcement of the provisions of EIA Act and exercise of powers to prohibit the use of any equipment or machinery that undermines quality.
CONCLUSION
In conclusion, it is beyond disputation that Nigeria
It is also not in doubt that Nigeria
Apart from the statutes, there are various government policies and international legal order in terms of conventions, treaties, protocols, agreement, declarations all relating to the protection of environment.
One of such policies is tree planting embarked upon by the preceding government and encouraged by the present. It is worthy of note that some state governments are now taking the issue of tree planting seriously. Albeit a good policy, it is respected in breach than its compliance. The tree planting remains one of the most cost-effective ways to address climate change, as trees and forests play a vital role in regulating the climate since they absorb carbon dioxide, containing an estimated 50% more carbon than the atmosphere. Deforestation in turn accounts for over 20% of the carbon dioxide humans generate, rivaling the emissions from other sources.
Finally, environmental pollution and abuse are crimes and ineffectiveness of the relevant laws to curb these problems is largely due to poor governance and insufficient law enforcement. To have a safe environment, there is need for government to set up enabling conditions that include enacting adequate legislation and enforcement and promoting good governance while providing support in terms of fund to responsible projects and initiatives like what REDD stands for in Amazon, Brazil “reduced emissions from deforestation and degradation” where conservation of forests is rewarded in terms of credit, tax incentives and other financial and social supports.
The Nigerian Environmental study/Action Team (NEST) is doing pretty good but it should not rest on its oars in identifying gaps or lapses in any area relating to the environment and sustainable development as it is presently doing in respect of climate change which is affecting the livelihood of Nigerians, increasing the incidence of disasters and heralding new dangers and challenges into the economy.
It should collaborate with other relevant authorities and agencies in identifying more polluted areas particularly to prevent the spread of “Dead Zones”. Today, the number of polluted “dead zones” in the world’s oceans is rising fast and coastal fish stocks are more vulnerable to collapse than previously feared.
The spread of “dead zones” (areas of oxygen-starved water) is emerging as a major threat to coastal ecosystem globally. Marine organisms are more vulnerable. The number of reported hypoxic (low oxygen) zones is growing globally at a rate of 5% a year. The study68 showed that the number of “dead zones” had risen to more than 140 in 2004 from almost none until the lat 1970s.
Hundreds of millions of people depend on coastal fisheries for food. Crustaceans such as crabs, lobsters and shrimps are less able to escape from law oxygen waters than fish. What is more, apart from crude oil, Nigeria
Poverty eradication is also a key component of environmental protection and government must ensure that it becomes a reality. Poverty may become a thing of the past if the government is sincere about the creation of employment opportunities, support for agriculture, provision of basic infrastructures and amenities, good standard of living for both urban and rural dwellers and above all, an operation of responsive governance.
Adoption of all conventions, agreements, protocols, declarations and treaties relating, affecting or pertaining to wholesome protection of environment from varying degree of abuse should be adopted and made part of the municipal laws to be seen to be in tune with the happenings around the world.
Recently the National Council on Privatization (NCP) beamed its light on the nation’s Natural Parks. This is another example of avoidable bad influence of the economic/financial drive on the preservation and maintenance of the Country’s flora and fauna. Privatization of National parks is nothing but an abuse.
At Abuja meeting[79] held between NCP and management of the parks and other stakeholders on the privatization and commercials of the National Parks in the Country, the management team of the park service raised some critical observations on privatization that the establishment of the National Park was a social venture not capable of being privatized to generate profit and that investors would not maintain the Parks to the International Standard the government would desire. Kudos must however be given to management of the National Parks for standing on the side of patriotism and truth.
It is conceded that eco-tourism and catering services are the only components that can easily be privatized to complement the whole services of the National Parks contemplated by the National Parks Service Act[80] but same should not be blindly extended to the management of the country’s National Parks which must be preserved in their natural state with a view to protecting wildlife from public from public interaction and against anti-park activities. National Park is also to protect the forests, streams and lakes from despoliation. These sensitive assignments are not safe in the hands of private individuals and corporate bodies whose primary aim is to make profit from whatever investment made.
[1] These resources are divided into flow, stock and continuous resources. Flow resources can either be depleted, sustained or increased depending on management or conservation. They include forests, wildlife, fish, land, water e.t.c stock resources are either totally physical exhaustible resources e.g. coal, oil, natural gas or depletable but capable of being reproduced continuous resources are those whose availability is limitless but independent of man’s actions e.g. solar and tides and those whose availability is endless but not independent of man’s action e.g. air, water etc.
[2] According to the Chambers Dictionary 1998 Edition is the assemblage of all forms of vegetable life of a region or age as district from animal life (fauna).
[3] The same dictionary defines it as the assemblage of all forms of animal life of a region or period as district from plant life (flora).
[4] Nigeria population by the population census conducted in 2006 was estimated at over 140 million.
[5] Black’s Law Dictionary 7th Edition page 1341.
[6] Ibid.
[8] Chambers 21st Century Dictionary. A revised edition by Mair, Rebinson 1999 pages 476 and 506.
[9] A mythical creature with a man’s head and body and a goat’s horns, hind legs and tail. A rural deity worshipped by shepherd and farmers.
[10] Scientists do not discover in order to know, they know in order to discover. Newly discovered truths and not truth in some abstract sense alone are the ultimate goal and yardstick of the scientific culture. Scientists are the opposite of the humanist, that is, the shamans of the intellectual tribe.
[11] Eon is also expressed as aeon. It is defined by the Chambers Dictionary of 1998 Edition in its page 23 as a vast age; eternity; the largest or a very large division of geological time.
[12] Free Newsletter from Laura Klappenbach on a brief history of life on Earth and obtained from About.Com: Animals/Wildlife.
[15] An EU study headed by a Deutsche Bank economist parallels the stern Review on the economic of climate change.
[17] A threatened species is a native species that is not risk of becoming endangered in the near future. A threatened species may have a declining population or be exceptionally rare. Like endangered species, the cause of its rarity is variable, but may be due to threats such as habitat destruction, climate change, or pressure from invading species.
[18] Awake February 2009 credited to a scientific American Magazine on page 3.
[19] The President, Federal Republic of Nigeria.
[20] The Guardian Tuesday, July 17, 2007 P. 77.
[21] Paragraph 3.3(A) Agricultural Policy of Nigeria, 1988.
[23] Cap 108 Laws of Federation 1990 and reproduced in 2004 Laws of Federation as Cap E9.
[27] Diamond, Primitive Law (London: Watt & Co. 1950) page 174
[28] Reflections in the judicial process in Traditional Africa. A paper written by Kofi Quashingh. A lecturer in-law, University of Nigeria. Page 10
[29] Invisible leaf spirit who transport people through empty air to chosen destination.
[30] A charm capable of guaranteeing one’s escape during an encounter with any form of danger.
[31] It is one of the wise sayings in Yorubaland explaining the calamity that will befall anyone who abuses the cotton’s plant leaves. It is believed that the plant produces raw materials for making cloth. The plant produces cotton which is processed into threads used for wearing cloth.
[32] Oro is a kind of masquerade who makes a unique sound with an item in its hands during its festival that is performed by its adherents annually. It is usually paraded in the night when all women are expected to retire into their various homes.
[33] Some animals in Yorubaland are considered sacred due to the peculiarity of their habitat, behavior, spiritual and religions attachments or values or powers inherent in their existence. Some of these sacred animals are not to be killed except it is extremely necessary and cannot even be killed without appeasing gods afterwards.
[34] It is an ungulate. It is a big size animal which resembles horse with its mane and resembles buffalo from the front. Mane is a longer air growth in the back or neck of a horse.
[35] It is a medium size animal in the category of ungulates and Bovidae. Ungulates are animals which have hoofs and Bovidae include the antelopes, hartebeest and suidal.
[36] Ibid.
[39] Cap 54, Laws of Nigeria 1948.
[40] Cap 55, Laws of Nigeria 1958
[41] Provides that proceeding in respect of an offence against any regulations under this ordinance alleged to have been committed by any person may be taken before the appropriate court having jurisdiction in the place where that person is for the time being.
[43] Now Criminal Code Act. Cap C38. Laws of the Federation 2004.
[44] Desertification is defined in page 438 of the Chambers Dictionary 1999 Edition as the deterioration or reversion of land to desert condition owing to over-grazing, erosion etc.
[45] Lord Justice, a journal of the Law Student’s Society, University of Ibadan, volume 1, 2004 p. 61
[46] The Guardian, Tuesday, July 17th 2007 page 77.
[47] Ibid.
[48] For example Cap 40 Laws of Oyo State 1978 and reproduced as Cap 50 of the 2004 Laws of Oyo State of Nigeria.
[49] Imo State Tree Planting Edict 1986, Iseyin (Control and Collection of Revenue from private Forest Estate Bye Law 1984).
[50] Section 1 of the Edict (Now Law).
[51] Now Law of Imo State.
[52] Decree No. 26 of 1969.
[53] Now Law of Abia State.
[54] This convention was produced at the 1992 Earth’s Summit at Rio de Janeiro. Nigeria like many other countries is signatory to and has ratified the convention that came into force in the 29th day of December 1993.
[55] The aim of the convention is to prevent land from further degradation. It has been ratified in 179 Countries in Africa.
[56] CITES is an agreement between 167 member states. Nigeria acceded to this convention on 1st July, 1975.
[57] This convention which was the initiative of Great Britain was ratified by the majority of countries responsible for administration of African territories.
[58] Nigeria adopted this convention on 7th day of May 1974.
[59] This International Agreement was signed in March 1974 and it was meant to augment earlier agreements the dumping of wastes at sea.
[60] This convention was established in June, 1979 in Bonn but came into force on the 1st January 1983.
[61] Now Cap N65 of Laws of the Federation of Nigeria 2004.
[62] Alhaji Saka Oladimeji Abdulsalam.
[63] Nigerian Tribune, Wednesday 24th December 2008.
[64] Ibid.
[65] NESREA was created by National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, 2007.
[66] Endangered species is a native species that faces a significant risk of extinction in the near future throughout all or a significant portion of its range. Such species may be declining in number due to threats such as habitat destruction, climate change, or pressure from invasive species.
[67] Cap 108 Laws of Federation 1990 but reproduced in 2004 Laws of the Federation of Nigeria 2004 as Cap E9.
[68] Cap 350 Laws of Federation 1990 and reproduced under the 2004 Laws of the Federation Cap P10.
[69] Section 25 enjoins the license to adopt all practicable precautions to prevent pollution.
[71] Cap 54 Laws of the Federation of Nigeria 2004.
[72] See generally paragraph 1, 13, 14 and 19 of the Sea Fisheries (Fishing) Regulations, 1992. Paragraph 20 provides that any berried crab or lobster caught by whatever means must be returned to the waters.
[74] Yoruba proverb educating on the danger of pollution.
[75] Now NESREA
[76] The Guardian, Monday, May 19th 2008. Page 57.
[77] Ibid.
[78] Cap E12, L.F.N. 2004
[79] The Guardian, Monday, February 9, 2009 page 42
[80] Cap: N65 Laws of the Federation of Nigeria volume II
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