TOWARDS A BETTER ENVIRONMENTAL REFORM: THE LEGAL FRAMEWORK AND ISLAMIC PALLIATIVE
BEING THE TEST OF A LECTURE DELIVERED AT THE LATE HONOURABLE MURITALA OKUNOLA MEMORIAL LECTURE
BY:
LATEEF O. FAGBEMI, SAN
ON 23RD DAY OF JUNE, 2011 AND FORMAL OPENING OF MUSLIM LAW STUDENTS
@
TRENCHARD HALL, UNIVERSITY OF IBADAN
INTRODUCTION
The debris of civilization no doubt litters and spoils our environment. That our environment is threatened in varying degrees of pollution is no longer news. Nature itself has given recurrent and poignant warning through dust, storms, floods and droughts that we must act while there is yet time if we would preserve for ourselves and our posterity the natural sources of a virile national life.
Experience has taught us that the prudent husbandry of our national environment requires far-sighted management. Floods, droughts, dust, storms, tsunamis, climate change, ozone depletion, acid precipitation (acid rain), food shortage, resource, depletion are, in a very real sense, manifestations of nature’s refusal to tolerate continued abuse of her bounties. Prudent management demands not merely policies which will guard against these calamities but carefully formulated plans supportive of unforceable legal order to prevent their occurrence.
This topic cannot be more apposite other than now when the hues and cries of environmental pollution at home or elsewhere have so rented the air that no person with spiritual conscience and far-sighted mind and thought can prudently choose to ignore. The so called healthiness brought about by the haphazard implementation of the various government policies is nothing but a superficial veneer.
The fact that we all gather here to discuss “better environment reform” shows in clear terms that successive administrations of the Nigerian government have not achieved much inspite of the seemingly aggressive efforts at curbing the plague of environmental abuse.
Undoubtedly, Nigeria is not immune from the happenings in the world over. The human population of the world is now increasing at an unprecedented rate but it is difficult for the co-called civilised and underdeveloped countries to make sacrifice for the control of Environmental Pollution. In the process, the forests, thornscrub, coral reefs and unique habitats are converted and fragmented.
The unprecedented upsurge in human population is inelegantly unrolling across the world in a way that would hardly have been thought possible at the inception of a century ago. Almost irredeemable destruction of environmental components are most manifest in Nigeria whose population is estimated at over 140 million contributing to a sizeable proportion of the said development through ceaseless gas flaring, deforestation, poaching, overharvesting, oil spillage and other forms of environmental pollution.
Today, Federal, State, Local and private agencies keep a close watch on the health of the environment so that misuse or mismanagement of this renewable natural resource is almost put on hold. Outcome of these agencies’ efforts have not been quite impressive. In other words, legal restrictions are not adequately enforced.
Interestingly, Nigeria was one of the 154 countries that signed the United Nations Convention on climate change at the first edition of the World Summit on Sustainable Development (WSSD) held in Rio de Janeiro in 1992. The Nigerian government, in August, 1994 also formally ratified the convention. Inspite of this, Nigeria did not ratify Kyoto protocol signed in Japan in 1997 which protocol requires industrialized countries to reduce their greenhouse gas emissions by an average of 5% over the period of 2008 – 2012.
The Environmental Rights Action and Friends of the Earth (ERA/FoEN) accused former Speaker of the House of Representatives – Dimeji Bankole and oil companies of stalling efforts to reduce gas flaring for failure to work on the Gas Flaring Prohibition and Punishment Bill.
Ironically, Nigeria was at the forefront of charting fresh path to post-Kyoto climate treaty at the 15th conference held in Copenhagen to come up with a new deal that could be ratified by parties from 2010 to 2011 before its commencement in 2013.
Prior to 1988, a search through the statute books has revealed isolated natural laws designed to preserve the utility and wholesomeness of our air, land and water. In addition to these, Nigeria has signed or acceded to several environment related multilateral treaties which have become part of our laws either by subsequent natural enactment or by implied adoption.
The issue of environment should not be political but be made a moral imperative. It is a spiritual work which never ends. It must be taken up anew by each succeeding generation acting as trustees for the next as we gather here to do in our own little way. Morality cannot be divorced from environment. The earth belongs to the Almighty Allah and everything therein is a symbol of Allah. In chapter 21 verse 16 of the Holy Quran, Almighty Allah said “Not for (idle) sport did we create the heavens and the earth and all that is between.” By the phrase “all that is between, Almighty Allah means humans, plants, animals, sun, moon, stars and other things independent of human knowledge.
Environment is an aggregate of the symbols of Allah and man cannot arrogate to himself the power to violate the sanctity of these symbols the way we see it today. Human activities are altering the earth so dramatically that much of the life on the planet, including human life, is in great danger.
A moral tradition is required to defend shifting to policies of sustainable development and maintenance of environment which various legislations seek to achieve.
DEFINITIONS OF KEY WORDS
It is pertinent to make a brief incursion into the definitions and meanings of the key words in topic of this lecture. The key words are Environment, Reform, Legal Framework, Islam and Palliative.
ENVIRONMENT
“Environment” is defined by the Chambers Dictionary 7th Edition as surroundings, external conditions influencing living and working conditions. Man is both creature and moulders of his environment which gives him the opportunity for intellectual, moral, social and spiritual growth.
The environment has also been defined as the totality of physical, economic, cultural aesthetic and social circumstances and factors which surround and affect the desirability and value of property or which also affects the quality of the people’s lives.
In essence, environment encompasses all our lives and livings which we can feel and touch and, individually or collectively pass judgments on any consequential impact on it.
Section 38 of the Federal Environmental Protection Agency Act, 1988 defines environment to include water, air, land and all plants and human beings or animals living therein and the interrelationships which exist among these or any two of them.
REFORM
“Reform”, according to the Chambers Dictionary, means “to transform, to restore, rebuild from, to redress, to bring to a better way of life. In essence, reform is the improvement or amendment of what is wrong, corrupt, and unsatisfactory. To put an end to abuses, disorders.
LEGAL
“Legal” is of or pertaining to law; connected with the law or its administration. What is recognised by law rather than by equity? In other words, legal is used to describe things that relate to the law.
FRAMEWORK
A “framework” is a particular set of rules, ideas, or beliefs which is used in order to deal with problems or to decide what to do.
ISLAM
Even if I have the competence and capacity to discuss Islam, this is not the forum. The definition of Islam will be limited to the scope of our discourse. However, one clear definition of Islam that has been still and forever will be immutable is that, it (Islam) is the total submission to the will of Allah. It is a complete way of life.
PALLIATIVE
A “palliative” is an action that is intended to make the effects of a problem less severe but does not actually solve the problem. It is the definition of this word that has made me to have a rethink on the topic of today and, particularly as to the suitability of having or applying actions which do not actually solve our problems. It is with this situation in mind and having regard to the fact that Islam is a complete way of life and not a stop gap religion that has made me to crave your indulgence at this juncture to amend the topic of this lecture by substituting the word “palliative” with the word “antidote”. The simple reason for this is that “Islam answereth all things”. There is nothing in this world that the Holy Quran has no say and there is no problem which the Holy Quran and the teachings of the Holy Prophet Mohammed (SAW) offer no permanent cure or solution. It will be in accord with the potency of the decree and sayings of the Almighty Allah. The cure Islam offers for any societal ills such as the one we gather here to discuss is comprehensive, total, enduring and permanent.
ENVIRONMENTAL REFORM
The environment is undoubtedly nature’s most benevolent contribution to human existence on earth. Land, water and air are the major components of environment with inevitable interaction and interrelationship among plant, animal and human beings. Only man abuses the environment through indiscriminate disposal of domestic, commercial and industrial wastes which in effect brings diseases and epidemic.
Inevitably, conflicts exist between the interest of the environment and that of the forces of economic and industrial developments. The recent happenings in Nigeria and the world at large point to the scourge of environmental abuses and the attendant vices which require urgent attention. In this connection, important internal laws and policies have emerged from global efforts at ensuring a more prudent care for environmental consequences particularly in relation to modern science and technology and sovereign right of a state to exploit resources.
The oil war in Persian Gulf and the resultant effect on the loss of marine life, damage to ecosystem and atmospheric pollution remain evergreen and Nigeria is not immune from the abuse of environment and the damage, loss, inconvenience, disability, loss, injury, degradation being the fall outs of the propensity of the terror of pollution unleashed on the fragile and delicate environment.
Today, Noise Pollution is dealing a devastating blow on our environment. No thanks to the energy crisis that has almost become intractable Nigerian cities are bedeviled with noise and harmful gases from generating sets which have, over time, become a necessity for energy.
Unfortunately, epileptic electricity supply regrettably becomes a supplement for the galaxy of generating sets in most homes in the cities. Cities have tremendous potential to be places where balanced development prevails, where diverse people live in harmony and where healthy living conditions co-exist with low levels of energy consumption, resource use and waste.
In many developing countries, lack or scarcity of energy is driving more and more people into poverty and illness. A lack of energy also has severe environmental consequence. Those without access to electricity are forced to fell trees for firewood as cooking fuel, thereby accelerating such effects as soil erosion and the loss of wildlife.
The energy crisis in Nigeria is taking toll on the Nigerian forests. The ecosystem is at the receiving end of the nation’s insincere energy policy. Absence of stable electricity have forced most families to resort to the use of generating set emitting carbon dioxide injurious to the environment and causing and/or aggravating illness.
People cannot get proper rest amidst noise. In some places, the noise is so intense that it leads to insomnia and other ailments associated with heart attack. It is not something we have to continue to suffer or manage.
The victims of deposit weapons of mass destruction abound in the world and Nigeria is not spared. The weapons, some of which we have discussed raised disturbing questions on the environment. They pollute and contaminate waters and atmosphere. When the food chain is contaminated we cannot forget in a hurry the lead poisoning problem in the Northern part of the country.
The anxiety from this may lead to a panic attack. This sudden, over powering fright often leaves its victim hyperventilating, feeling faint and believing that he or she is having a heart attack. To alleviate anxiety, we have to go back to a harmonious environment where we watch our diet, exercise regularly and get proper rest. This environment is sick. Pollution has contaminated our food, and in some cases, reduced its supply drastically, most natural environments for recreation and pleasure have been fragmented and converted for economic gain.
Regrettably, Nigerian government is not doing enough in the wholesome arrest of this ugly situation by its haphazard implementation of the extant laws and policies seeking to protect and guarantee a healthy environment. The time is ripe therefore, for Nigerian government to offer an enduring reform by adopting policies that are welfare oriented and designed to meet the basic necessities capable of guaranteeing public utilities and good standard of living.
In other words, reform of Nigerian environment laws and policies is a necessity. Towards this reform, political, legal and religions antidotes to environmental problems become relevant.
LEGAL FRAMEWORK
Until very recently, it was seriously canvassed that, there was not a single piece of legislation in Nigeria as Environmental Protection Ordinance”, “Act” “Law”, “Decree” or “Edict”. Literately, that view may be valid. However, in essence, there is abundance of effort at the Federal and state levels of government in this country, attesting to legislative concerns over such visible pollution, abase of and threat to the wholesomeness of our environment as a result of the impact of man’s activities and technological/industrial development on the essential component of our ecosystem.
The legislation regulating inter-relationships which exist among water, air, land, plants, humans and animals abound in the Nigeria statute books. These laws which seek to protect the Nigerian environment are enacted with respect to their relevance to specific environmental activities without necessarily making any reference to their subject as “Environment”.
Before the promulgation of Federal Environmental Protection Agency Act by decree No. 58 of 1988 (Now 2007 Act), Nigeria did not embark on aggressive environmental policies until late 80’s in quick response to the abuse of environment arising from oil boom, commercial and industrial activities especially koko toxic wastes which incidents inevitably justified the introduction of strict environmental statutes.
It suffices to state that some of these environment related legislation have been in existence before the promulgation of FEPA Act, 1988 and some, before Nigerian Independence. For example, see the Criminal Code, Penal Code, Wild Animals Preservation Ordinance etc.
Some of the existing federal laws which control activities relating to the air/atmosphere are:
The Criminal Code which prohibits acts which render the atmosphere noxious to the health of persons in specified places (section 247). Section 245 prohibits the fouling of water.
Petroleum Decree (Drilling and Production) Regulations, 1969 empowers the minister of petroleum to make regulations, among other matters, for the prevention of pollution of water courses and the atmosphere (Section 8(i)(b)(iii) thereof. Section 25 of the same enjoins the licensee to adopt all practicable precautions to prevent pollution of inland water systems as well as the territorial waters of Nigeria or the high seas by oil, mud, or other thirds as substance 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. Civil Aviation Act 1964 regulates air navigation by the provisions in sections 1, 7, 8 and 9.
Pertinent federal laws maintaining provisions aimed at the preservation of the quality and healthy utilization of our land are:
Land Use Act 1978 vests all land in the territory of each state (except land vested in the Federal government or its agencies) solely in the military Governor of the state to be held in trust and administered for the use of and common benefit of all Nigerians in accordance with the provisions of the decree (Section 1).
Several disasters have recently threatened the existence of the world, basically that of the tsunamis and earth quakes in Asia. Locally, strict compliance with the Land Use Act can avert natural disasters. Effective use of this Act will make the mapping of the land to be properly done.
Mapping the risk factor is important as it helps forecast possible disaster. For example, there must be a high level of preparation around the area for areas that are 75 centimeters above the sea level. The risk should be marked, and if marked, drastic action would be taken to avert the occurrence of the risk.
In Nigeria today, there are many Rules and Acts governing deserts and desertification. Forestry Act makes provisions relating to the preservation and control of our forest lands.
Oil in Navigable Water Decree, 1967 not only prohibits the discharge of oil into designated sea areas, provides penalties for the specified offences and the enforcement of the Internal Convention for the Prevention of pollution of the sea by oil, 1954 (Sections 1, 2, 3, 5, 6 and 17).
Sea Fisheries Decree, 1991 – Sections 1, 8, 9 and 10 regulate motor fishing within the Nigerian territorial waters and prohibit certain methods of fishing, like the use of any explosive or noxious or poisonous water.
Federal Environmental Protection Agency Act (hereinafter simply referred to as “FEPA”) appears to be the only legislation with a clear nomenclature of “Environment”, the subject matter of which other legislations complement. The Act establishes the Federal Environmental Protection Agency which is now known and called National Environmental Standards and Regulations Enforcement Agency (NESREA).
ASSOCIATED GAS RE-INJECTION ACT, 1979
The utilization and conservation of natural gas are regulated by the provisions of the Associated Gas Re-Injection Act which makes provisions for penalties such as forfeiture of oil prospecting licence or oil mining lease in case of breach.
Section 1 provides that every company in the oil and gas section in Nigeria shall submit to the minister a preliminary programme for:
(a) Schemes for the viable utilisation of all associated gas produced from a field or groups of fields.
(b) Project or projects to re-inject all gas produced in association with oil but not utilized in an industrial project.
Section 3(1) provides that no company engaged in the production of oil or gas shall flare gas produced in association with the oil without the permission in writing.
Section (3)2 is to the effect that where the minister is satisfied that utilisation or re-injection of the produced gas is not appropriate or feasible in a particular filed, he may issue a certificate in that respect, to a company engaged in the production of oil or gas, specifying such terms and conditions as he may at his discretion choose to impose for the company to continue flaring of gas in the particular field or fields, or permitting the company to flare gas in the particular field or fields, if the company pays such sum as the minister may from time to time prescribe.
Section 4 provides that where any person commits an offence under Section 3 of the Act of the Act, the person concerned shall forfeit the concessions granted to him in the particular field or fields in relation to which the offence is committed.
The Act appears comprehensive but not without shortcomings especially in the area of penalty enforcement. Despite the existence of this Act for more than two decades, gas flaring still continues unabated in the Niger Delta Region.
In view of the recent impact of gas flaring on the local environment and the awareness associated with Nigeria’s efforts in global environmental protection, successive Administrative era in the country took some steps which include token taxation which rather encouraged flaring. In a further step at finding a lasting solution to the problem, the National Vision 2010 Committee, upon its establishment, adopted a compromised stance. The new initiative by the previous democratic government is to encourage natural gas gathering and utilization with the ultimate aim of terminating gas flaring in Nigeria by the year 2004. However, the flaring still continues till date although there is the hope that the recently established West African Gas Pipeline Project between Nigeria and Ghana would play a major role in the reduction of gas flaring.
In consideration of the colossal waste and unprecedented depletion of natural resources, there is, today, a monumental national initiative for the timely development of an implementable gas utilization master plan which started from the efforts of both national and multinational oil companies embarking on projects for efficient utilisation of associated gas in the country. Worthy of mention in this regard is the West African Gas Pipeline Project (WAGP) which is expected to utilize a sizeable volume of gas through its supplies to neighbouring West African countries and the reports from various quarters appear encouraging. The Nigeria Liquidified Natural Gas (NLNG) has stopped its gas flaring by 50% through its export to Europe. Other companies such as NNPC/Chevrons Gas pipeline project (WASGP), Exxon Mobil, Agip, Shell have also geared towards that direction of gas flaring reduction.
FEDERAL ENVIRONMENTAL PROTECTION AGENCY ACT (AS AMENDED)
This Act was enacted by the Federal Military Government as a Decree that established the Federal Environmental Protection Agency with effect from the December 30th 1988. The Agency consists of a chairman, appointed by the president and representative each from the following Federal Ministries of Health, Science & Technology, Works and Housing, Industries, Mines, Power and Steel, Employment, Labour and Productivity, Petroleum Resources, Transport, Aviation. Section 36 (b) of the Amendment essentially repeals the National Resources Conservation Act (Cap 286 Law of Federation, 1990).
FUNCTION - The Agency is responsible for the protection and development of the environment in general, environmental research and technology. More specifically in accordance with section 4 of the Act.
By virtue of Section 9 of the Act, the Director of the Agency is empowered, subject to the policies laid down by the agency, generally, to develop programmes to carry out the purposes and provisions of the Act and, in particular, in consultation with appropriate agencies to:
(a) establish programmes for the prevention, reduction and elimination of pollution of the nation’s air, land and interstate waters as well as national programmes for restoration and enhancement of the nation’s environment;
(b) encourage and promote the co-ordination of environmentally related activities at all levels;
(c) utilise and promote the expansion of research, experiments, surveys and studies by public or private agencies; institutions and organizations as concerning causes, effects, extent, prevent, reduction and elimination of pollution and such other matters related to environmental protection as the Agency may, from time to time determine necessary and useful; and
(d) conduct public investigations on pollution.
NATIONAL ENVIRONMENTAL STANDARDS
1. Water Quality-By virtue of the provisions of Section 15, the Agency is required to make recommendations to the minister for the purpose of establishing water quality standard. In establishing such standards, the Decree clearly enjoins the Agency 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”.
2. Air Quality- By virtue of section 17 of the Act, the Agency is mandated to establish criteria, guidelines, specifications and standards to protect and enhance the quality of Nigeria’s air resources so as to promote the public health or welfare and the normal development and productive capacity of the nation’s human, animal or plant life. In order to achieve these objectives the Act places great emphasis 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 sources which in the Agency’s judgment causes or contributes to air 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.
FEDERAL ENVIRONMENTAL PROTECTION AGENCY (AMENDMENT DECREE) ACT 1992
This Act makes some amendments to the Principal Act. This brings into focus the extension of the provisions of the Act to include the health and welfare of biodiversity of animals and plants against its monolithic tendency towards human health and welfare only.
Section 5 of the Amendment Act in amending the Section 4 of the Principal Act added the phrase “and biodiversity conservation and sustainable development of Nigeria’s natural resources” to the word “environment”.
Section 6 in amending Section 5 of the principal Act extended the word “matters” to include the degradation of natural resources whilst the phrase “natural resources conservation” was added to the word “implementation of” in the principal Act.
Section 8 of the Act also amended Section 9 of the principal Act by adding the phrase and natural resources or conservation to the relevant paragraphs.
ENVIRONMENTAL IMPACT ASSESSMENT ACT
The Environmental Impact Assessment Act hereinafter referred to as “EIA” came into effect in December, 1992 as an environmental policy instrument in Nigeria. The Act sets our procedures, methods and sanctions for non-compliance etc and for prior consideration by the EIA for public or private section projects in Nigeria.
The EIA is a formal study process used to predict the environmental consequences of a proposed major development project. The Act was designed to concentrate on the problems, conflicts or “natural resources constraints” that could affect the viability of the project. It also examines how a project might cause harm to people, their homelands or their livelihoods or to other nearby property.
The assessments deal with project impact on every phase of the total environment; name it; fisheries, wildlife and their habitats, anthropology, aesthetics or even regional economy. The main objective of an environmental assessment is to predict or measure the environmental effort of construction and operational activities to contribute and propose ways of correction or reducing those effects in order to give appropriate environmental protection in a cost effective manner.
The countries of Eastern Europe have been increasingly responsive to the idea that EIA should be an integral part of state planning. For example, Hungary and Poland have adopted the application of EIA. Developing countries of the world have also been quick in appreciating that Mandatory EIA procedures offer a means of introducing some aspects of environmental planning, in the absence of formal statutes on land-use planning or control systems.
Colombia in South America was the first to adopt EIA legislation in 1974. Brazil has since adopted such legislation. In Asia and the pacific region- Thailand and the Philippines have since established procedures for EIA. In Africa, the situation is less definite. This is accounted for by a general dearth of information. However, Rwanda, Botswana, Kenya and Sudan have also enacted their own EIA legislations.
Now in Nigeria, all development projects at federal, state and local government levels are now to be subjected to environmental impact analysis right from their early budgetary stages under a new national policy already being implemented.
The National Planning Minister once disclosed that the National Planning Commission (NPC) has also established an environmental unit that will ensure the integration of environmental concerns.
Consideration of the potential environmental impact of development and investment decisions is now a standard prerequisite requirement for funding by many institutions and lending bodies such as the World Bank, Asia Development Bank, African Development Bank and other multilateral and bilateral funding organisations.
On the operation of the Act, both the National Planning Commission (NPC) and FEPA are now reviewing major development projects in Nigeria to test the EIA procedures and guidelines.
FEPA has also set up a multi-disciplinary EIA Secretariat which is currently being strengthened through natural and international training as well as providing adequate facilities.
The World Bank – Assisted programme donated to FEPA in September 1998 some equipment for analysing plants, air, soil and water. Some of them were transferred to FEPA laboratories in Kano and Enugu and others meant for other state offices were sent to Lagos office for distribution.
At a conference of Chief Executives of FEPA Agencies held in Lafia, Nassarawa State, in 1998, the recommendations for the immediate implementation of the various environmental guidelines included those on logging, mining activities, urban development, water and air quality, registration of green-technology and eco-labeling, environmental management system and waste disposal through underground injector.
NATIONAL ENVIRONMENTAL PROTECTION
(POLLUTION ABATEMENT IN INDUSTRIES AND FACILITIES GENERATING WASTES) REGULATIONS, 1991
This Regulation commenced on August, 15th 1991. Paragraph 1 provides that no industry or facility shall release hazardous or toxic substance into the air, water or land or Nigeria’s ecosystem beyond limits approved by the Agency.
Paragraph 2 provides that an industry or a facility shall:
(a) have a pollution monitoring unit within its premises;
(b) have on site a pollution control;
(c) assign the responsibility for pollution control to a person or body, corporate accredited by the Agency.
Paragraph 15(1) provides that no effluent with constituents beyond permissible limits shall be discharged into public drains, rivers, lakes, sea or underground injection without a permit issued by the Agency or any organisation designated by the Agency.
ANIMAL DISEASES (CONTROL) ACT
This Act provides for the control and prevention of animal introduction and spread of infectious and contagious diseases among animals, hatcheries and poultries in Nigeria. The law which commenced on 24th February, 1988 prohibits importation of animal products except under a licence by its Section 2
Section 4 prohibits importation of infectious agent except under a permit.
Section 5 provides for the seizure of destruction of animal illegally imported.
The penalty for the offence of illegal importation of animals is provided for under Section 7(2) thus: “any person who is guilty of any such breach, non-compliance or contravention under this section shall be guilty of an offence and shall be liable on conviction to a fine of not less than N1, 000 or imprisonment for three months or to both such fine and imprisonment”.
Section 10 provides other punishments ranging from N250 to three months imprisonment and forfeiture of the animal. The Act also designated several places as quarantine stations particularly the air and seaports.
But despite the existence of this law, the indiscriminate importation of animals into the country without the necessary precautions and checks is very rife and this act is capable of endangering the country’s fragile environment.
It was reported that some government parastatals, state governments and individuals were importing animals into the country unchecked. This is inimical to the environment because the animals are alien to this country. Most of them will not replenish our indigenous stock. Rather, they destroy them.
Examples abound on the effect of such introduction in other countries of the world. The Indian mongoose, the zebra mussel, the North American grey squirrel, the walking catfish, the Rosy wolf snail, all destroyed their host communities. In Nigeria however, the tree snake native to Australia and Indonesia has wiped our native forest birds on Guams.
QUARRIES ACT
Here, the only relevant provision of the law is Section 38(1) which empowers the Minister for Mines and Power to make regulations for the prevention of pollution of any natural water supply and the disposal of wastes.
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999
There is no constitutional policy statement on the environment or game management ipso facto, but by implication, some sections of the Constitution, envisage the need to protect our environment upon which our survival depends.
Relevant sections under chapter II of the 1999 Constitution, which deals with fundamental objectives and directive principle of the state policy, have bearing on the nation’s game management.
Section 14 (2)(b) provides thus “it is hereby accordingly declared that the security and welfare of the people shall be the primary purpose of government”.
Section 16(1) provides that the state shall within the context of the ideals and objection for which provisions are made in this constitution.
a. control the national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of states and opportunities.
Section 17(1) provides that the social order is founded on ideals of freedom, equality and justice.
Subsection (2) states that in furtherance of the social order (a) exploitation of human or natural resources in any form whatsoever for reasons other than the good of the community shall be prevented.
There can be no other interpretation of these provisions other than that the power vests in the Federal Government for the control of natural resources is to be exercised for the benefit of the generality of the people.
ISLAMIC ANTIDOTE
Having considered the legal framework, the next step is to bring into focus peculiar problems of environment and the solution Islam offers.
Nigeria’s Niger Delta region is a prolific petroleum province. It contributes immensely to the nation’s gas surplus in reserves at the estimate of 159 trillion cubic feet (TCF) comprising 85 TCF of associated gas and 74 TCF of Non-Associated gas. As a result of the country’s under utilization of gas, about 2 billion cubic feet is flared daily which represents over 60% of the daily gas production in the Niger Delta. This accounts for over 20% of the total daily flaring of gas globally.
Apart from being a wastage and huge depletion of natural resource, gas flaring is also associated with global climate change with its attendant risks of global warming, deforestation, flooding and acid rain, lower rainfall leading to soil degradation and loss of biodiversity. Apart from this, the climate change occasioned by gas flaring has adverse effects on fisheries as a resource base of the marine, coastal and contiguous river environment and the oceans, including the Atlantic Ocean in Nigeria’s southern shores that is of significant socio-economic value as suppliers of resources.
In manufacturing products, generating energy, growing food, and transporting people and things the Nigerian society spew a variety of harmful substances into the air, water, and soil Drastic changes in the world’s climate are predicted over the next few decades. World temperatures are expected to rise by 20 C by 2100 if human activities continue as they are, perhaps resulting to different climate zones, rises in sea-levels and more frequent severe climatic events such as droughts and storms than is being experienced now.
Vertebrates total about 50,000 species inhabit nearly all environments on earth. They occupy the top rungs of food chains and provide a good indication of the general health of natural environment.
Fresh water systems have been heavily altered by drainage and channelization projects, widespread agricultural and industrial pollution over exploitation accounts for 1/5 of all declining species. Ocean fish are particularly hard hit with some 39% of threatened species over harvested. Large reptiles and mammals also face poaching. The most serious instances of over-exploitation arise where unregulated commercial markets exist for wildlife meat trophies.
Growing emissions, rising temperature face the nations of the world and Nigeria is not exempted. Nigeria will have to toughen polices and rely on “Carbon trading” to achieve Kyoto protocol goals by 2012. The implication of a sharp rise in temperatures is apocalyptic. Everybody will suffer one way or the other. Temperature will rise; these will be more intense precipitation, the increased risk of floods and landslides, changes in disease patterns and crop productivity.
This year World Environment Day (WED) with the theme “Forest for people, Forest for green Growth” speaks volume of the symbiotic relationship between man and forest. Since 1972 when the United Nations General Assembly established WED it has striven to give a human face to environmental issues.
The human face advocated by WED underscores the position of Islam on the environment.
Allah (SWT) in chapter 3 verse 104 of the Holy Quran said “Let there arise out of you, a band of people inviting to all that is good, enjoining what is right and forbidding what is wrong – They are the ones to attain felicity”.
Our gathering here to discuss the way out of the problems that have bedeviled our environment is enjoined by Allah. The fact that most of us would leave this lecture with a change of mind that will be in accord with the spirit of protecting the environment goes a long way to offer a solution to the problem.
We cannot but agree that anti environment activity is wrong. In the same vein, abstinence from it is right. What is more, the government of Nigeria has set down rules and regulations on how to deal with our environment. It is an act of worship to give respect to constituted authority. We can only give respect to our leaders as Islam enjoins us when we respect their instruments of authority as we have variously identified earlier in this lecture.
To do otherwise is wrong and unislamic. The felicity that Allah (SWT) promised us as far as the issue of environment is concerned is to identify that contributing to environmental pollution is dangerous to life and health of the components of environment and cannot be right in the sight of Allah. If all of us strive to attain this felicity for the sake of Allah (SWT) our environment will be better for it.
In fact, the concept of Islam is enough antidotes to the myriad of problems militating against safe and clean environment. The meaning of Islam being a total submission of the will of Allah alone, if religiously followed, would offer a lasting solution to the environmental problems.
What is the will of Allah (SWT)? The will of Allah in so far as it relates to the environment abound in the Holy Quran and the teachings of the prophet. It is the will of Allah that the heavens, the earth and everything He created within them should continue to exist and to guarantee their existence; Allah put them under our care as trustees.
The simple reason for this is that Allah in Holy Quran chapter 21 verse 16 says: “Not for (idle) Sport did we create the heavens and the earth and all that is between”. Here, Humans, Animals, Sun, Moon, Stars, Rivers, Forests, Rain Air, Wind, Land and others are indices of Allah’s (“in between”).
These are the components of environment and they are created for just purpose of Allah. The question is why would man in his pride arrogate to himself the power to destroy the creatures of Allah? What excuse will man offer when the purpose for which Allah created them is required?
Through acid precipitation, certain oxides from gas flaring and burning of fossil fuels are transformed into acids when released and become suspended in rain, snow, and fog. Such acid precipitation damages life in lakes and streams kills forests and other plant life by destroying leaves and roots. It corrodes buildings and metal structures such as bridges and automobiles. Increasingly acidic soil may be less productive reducing the food crops available for human and animal consumption.
Atmospheric level of carbon dioxide has increased due to environmental pollution. Carbon dioxide traps infrared rays from the sun that would otherwise be reflected out into space, raising the surface temperature of the earth. The tiny amount of ozone in the upper atmosphere shields earth from the sun’s ultraviolet rays. This ozone is destroyed by certain industrial chemicals.
Acid precipitation and ozone depletion cannot be the will of Allah and can never be His purpose that acid rain should fall. The only reasonable conclusion is that gas flaring, bush and fossil fuel burning.
It is the will of Allah that animal species exist forever and in a safe and sound environment. In Quran chapter 6 verse 38, Allah (S.W.T.) says: “There is not an animal (that lives) on the earth or a being that flies on its wings, but (forms part of) communities like you.
The above shows that animal are part of our environment and that man does not reserve the right to terminate their life into extinction. However, deforestation and species loss go hand in hand. The speed of extinction is vastly racing due to human activity destroying natural habitats at an alarming rate.
The purposes for which Allah (S.W.T) created animals are multidimensional. They are beyond human perception. In chapter 105 of the Holy Quran (Suratul fil) Allah sent the flights of birds and herds of elephant to men, in order to deal with them. In Quran chapter 5 verse 31, Allah (SWT)) sent a crow who scratched the ground to show khabila to hide the corpse of his brother. He (the murderer) said “Woe to me! Am I not even be able to be as this crown and to hide the dead body of my brother!” Then he became me of those who regretted.
In chapter 16 verse 89 Allah (S.W.T) says: “Then, eat of all fruits and follow the ways of your Lord made easy (for you): There comes forth from their bellies (bees) a drink of varying colour wherein is healing for men, verily, in this is indeed a sign for people who think”.
United Nations experts warn the planet is facing the worse spate of extinctions since dinosaurs died out 65 million years ago. Some estimates say specie vanishes every 20 minutes, due mainly to human activity and greenhouse emissions.
If through environmental pollution all animal species are lost, it will be a “wrong” in the sight of Allah and for which human is forbidden. It is neither the will of Allah, that the environment inhabiting His creatures be littered and spoilt by the debris of civilization.
The practice of true Islam is to submit totally to the will of Allah. To submit to the will of Allah is to keep his injunction. To keep His injunction is to attain felicity. There is no gainsaying the fact that if human, food crops or the vegetation supporting animal life is adversely affected by noxious chemicals released into the atmosphere, there could be animal starvation and a reduction in the food supply for human consumption.
Environmental pollution cannot but be unislamic particularly human activities leading to deforestation, habitat loss, rise in temperature leading to acidic soil reducing for crops available for human and animal consumption. Many species of plants and animals may not be able to adapt to such unusually swift temperature changes, growth of emissions of harmful gases, climate change – a threat to rainforests caused majorly by deforestation contributing 20% of global (green house gas).
Islam does not approve of animal starvation irrespective of the factors responsible for its cause. In the Holy Quran in chapter 16 verses 5-7 Allah says: “(5) And the cattle, He has created them for you, in them there is warmth (warmth clothing), and numerous benefits and of them you eat” (6) And wherein is beauty for you , when you bring them home in the evening, and as you lead them forth of pasture in the morning (7) And they carry your loads to a land you could not reach except with great trouble to yourselves. Truly your Lord is full of kindness and most merciful.”
Human beings are the inheritors of the world and Allah’s creatures within. It cannot be in accord with Islamic tenets to deny mankind the ownership of components of environment. In other words, Animal, Plaints, heavens, earth, rivers are to be used by Humans in a sustainable yield as trustees for the benefit of generation to generation.
Environmental pollution is a violation of the sanctity of Allah (S.W.T). Environment is a symbol of Allah. In Quran chapter 5 verse 2 Allah says “O ye who believe, violate not the sanctity of the symbols of Allah, nor of the sacred month nor of the animals…..”
It is Allah who has created the heavens and the earth and sends down rain from the skies and with it brings out fruits wherewith to feed you, it is He who has made the ships subject to you that they may sail through the sea by His command, and the rivers (also) He made subject to you. And He made subject to you the sun and the moon both diligently pursuing their courses and the Night and the Day He (also) made subject to you. (Suratul Ibrahim Q. 4 verses 32 – 33).
All forms of environmental pollution is a violation of the sanctity of the symbols of Allah. A pure and safe environment is contemplated by Allah (SWT). Unpolluted water, harmless rain, afforestation, reforestation, good air quality, conservation of plant and animal species, good health are the desires of Allah (SWT).
Anybody who does the exact opposite of the injunctions of Allah is not a believer and not of Islam. To buttress Allah’s interest in healthy environment, He says in Quran 7.32 that “who has forbidden the beautiful (gifts) of Allah, which He has produced for His servants and the things clean and pure (which he has provided) for sustenance? Say: They are in the life of this world, for those who believe (and) purely for them on the day of judgment. This do we explain the signs in detail for those who understand”. Allah (SWT) says further in Quran 7:56 that “Do no mischief on the earth, after it has been set in order, but call on Him with fear and longing (in your heart). For the mercy of Allah is (always) near to those who do good”.
HRH The Prince of Wales cannot but be right when he said in his speech delivered on “Islam and the Environment” at the Oxford Centre for Islamic Studies) on 9th June, 2010 that the solution for environmental problem is Islam. He said thus: “So I would like you to consider very seriously today whether a big part of the solution to all of our worldwide “crises” does not lie simply in more and better technology, but in the recovery of the soul to the mainstream of our thinking. Our science and technology cannot do this. Only sacred traditions have the capacity to help this happen …. From what I know of the Quran, again, and again it describes the natural world as the handwork of a unitary benevolent power, it very explicitly describes Nature as possessing an intelligibility and that there is no separation between Man and Nature, precisely because there is no separation between the Natural World and God. It offers a completely integrated view of the universe where religion and science mind and matter are all part of tone living, conscious whole. We are, therefore, finite beings contained by an infinitude and each of us is a microcosm of the whole. This suggests to me that Nature is a knowing partner, never a mindless slave to humanity, and we are her tenants; God’s guests for all too short a time. If I may quote the Quran, “Have you considered, if your water were to disappear into the earth, who then could bring you gushing water?”
Allah designs earth’s creatures with distinctive attributes and qualities which man may not fully comprehend. The wondrous design of environment brings happiness, pleasure, and delight to the hearts of man. Sadly, greed often stymies sincere efforts to protect the environment.
CONCLUSION
It is pertinent to re-examine the efficacy of Nigerian statutes on environment with a view to proffering suggested solutions so as to complement or bring to bear the realities of the antidotes Islam offers for our ailing environment.
The Nigerian government has put in place a seemingly workable legal framework for environmental reform. The reform we need is in the realm of application and enforcement. It is one thing that the government established agencies, it is another thing to give them free hand to work according to the spirit and letters of the law. Nigeria lacks trained environment personnel. Universities should develop the man power resources by training the officers at post graduate level.
The Nigerian Federal and State governments should provide funds specifically for this purpose. There are a number of good laws but their enforcement needs more bite in order to achieve the required goal. Still on the problem of enforcement, one would have thought that the heavy penalty imposed by various laws would deter the citizens of the states but it has been very difficult to effect arrest of the offenders because of the complicity of majority of the citizens in the state who are oblivious of the adverse effects of their unpatriotic acts.
Undoubtedly, Section 25 of Federal Environmental Protection Agency Act provides adequate enforcement devices but “private litigations” as a viable device for the enforcement should also be considered in the context of “Concerned citizens” as a means for the enforcement of the Act since animals constitute a considerable proportion of the Act since animals constitute a considerable proportion of the environment and have some of their rights protection by these laws and regulations.
A permanent specialized Court or Tribunal to try offenders of environment related laws should be created and the machinery for the enforcement of sanctions should be given priority otherwise it would be a futile exercise and the environment will be poorer for it.
We must always believe that mankind ought to respect the environment and treat nature with dignity. It is part of our collective responsibility to expose threats to environment. We must not only protest against pollution of environment but also offer Islamic solutions as to how to remedy the situation as we have gathered here to do.
May Allah accept it as an act of Ibadah.
Ma Salam.
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