The essence of establishing environmental legislation is to provides foundation for policies and standards for substantive and procedural regulations which will creates institutions for execution of policies and programmes and equally enforcing the rules.
It is unfortunate that Nigeria is yet to evolve adequate environmental jurisprudence to combat onerous menace of hazards facing our environment. Only very few Lawyers have been trained in the area of legal mechanisms for regulating and regularizing environmental conservation and quality. The outcome of this lapses is that the quality of environmental management and enforcement in the country suffers.
Secondly, it is also on record that little efforts has been made to date to implement the relevant rules. Awareness campaign has not been thoroughly embarked upon to sensitize and make the members of the society aware of which of the plants and animals are protected or conservable. In the absence of this awareness or inadequacy of such information, ability to identify them is very remote and rare. Majority of Nigeria indigenous hunter may not know which species of animal is protected by law.
As a result many of these animals protected by law are extinct due largely to poaching.
Thirdly, the existing wildlife legislation is too specie –oriented rather than being spatially oriented. Though, it is trite an area can be protected without the fauna, however, fauna cannot be protected in a state of nature without natural habitant.
Fourthly, where there is no soil policy and soil legislations to be used to takle soil conservation despite the obvious linkage between deforestation and soil erosion on one hand and agricu ltural productivity on the other.
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Another bordering issue is some of the parks and games reserves are not gazetted at this age. This is due to lack of clear definition of purpose and classification of parks and games reserves. The Nigeria Parks and Games reserves are in the State of Hot -tot.
As a result, it is difficult for the management to enforce the existing laws and regulations because of lack of policy direction.
Sixthly, the policy makers and policy implementors / executors lack political will to enforce and implement the existing legislations even though inadequate.
Seventh problem is insufficient funds – where money is scantly available and the little fund available may be grossly inadequate to execute policies and programmes before the management. Unfortunately, the government will be expecting result despite their own neptitude. Most departments and establishments are bedeviled with inadequacies e.g trained manpower in certain areas such as wetland management, game preservation and impact assessment.
There is inadequate of standards and well equipped laboratories for testing, observing and monitoring purposes. In this wise, land use changes are rarely monito red on a regular basis.
In some big cities and towns, there are some few Non – Governmental Organizations (NGOs) in existence but their activities in this area of their interest is yet to be seen, may be, it was as a result of adequate awareness that is lacking on the part of the public and lukewarm attitude on the part of the government.
Conservation is a conflictual concept. That is, the conflict may became inevitable within the individual in the society, communities and institutions. This conflicts need to be amicably resolve in the interest of environmental protection and conservation which are inter-displinary in nature. The misunderstanding between social scientists and pure and applied scientists which is a product of policy mistrust is a good example.
Another point that need mentioning is the outright absence of spatial physical development at local and zonal levels which make appropriate land zoning and land use management very difficult.
4.3.1 The Way Forward
In view of the aforesaid, there is a need for improved environmental reform strategies in the Nigerian Environmental Laws and legislation particularly in relation to reinforcing regulator y compliance. This can be ach ieved through:
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1. Using effective non-compliance penalty to create a deterrent to violators of environmental laws.
2. Using penalty caps reasonably for non compliance
3. Making it obligatory on operators or implementors to post environmental performance and reclamation bonds large enough to cover the cost of the envisaged environmental damages.
4. Strengthening civil penalties for pollution damages and criminal penalties for the most severe violations.
5. Removing all political and judicial obstacles that can hinder the communities, NGOs and the public from participating in environmental decision making and implementation.
6. Establishing and maintaining an internet based environmental information system, open to all interested persons, groups and countries.
7. Unconditional reconciliation between the social scientists and pure and applied scientist to come out with sound environmental policies and programmes to protect and sustain our environment.
8. Awareness campaign should be mandated all over the nooks and crannies of the local governments, states and federal coverage.
9. Provisions of well equipped world class, standard environmental laboratories for testing observation and monitoring purposes by the government specialized agencies.
10. Both lawyers and non-lawyers should be given adequate training to be able to cope with the day to day environm ental policies and programs designed to meet the modern day challenges.
4.0 Conclusion
Conclusively, it is a share grace how Africa sustained herself the last several decades in the light of multivarious environmental hazards which she faced. As a result of millennium emphasis, the pressure from international organizations, intergovernmental efforts and the role of the NGOs. African states will be able to design a lasting sustainable environmental policies and programmes that would ensure the protection and preservation of the environment to the advantage of the presen t and coming generation of Africans. It is therefore pertinent to implore African nations to gear up to this task of environmental protection and sustainability.
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5.0 Summary
In this unit, we have discussed the effect of hazardous wastes, exports of toxic wastes to Africa, inadequacies and constraints to application and implementation of conservation legislation and the way forward.
6.0 Tutor Marked Assignment (TMA)
1. Enumerate the effect of hazardous wastes to your environment.
2. Discuss the impact of environmental law to the issue of protection and sustainabilit y of our environment.
3a. What are the significant of export of toxic wastes to Africa by the industrialists from advanced countries.
b. Any legal implication to the environment?
4. Identify the inadequacies and constraints to conservation legislation and suggest likely reforms or the way forward.
7.0 References and Further Readings 1. Ola C. S. (1984) supra
2. Lawrence Atsegbua et al supra
3. http: www uneporg Document Default asp Document D = 97
4. http. www unep org Documents Defaultasp? Document ID = 76 & Article ID 1163 (opened on the 25/03/2010)
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MODULE 3