managing domestic waste in nigeria: legal framework, problems and solutions

8/10/2019 Managing Domestic Waste in Nigeria: Legal Framework, Problems and Solutions

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MANAGING DOMESTIC WASTE IN NIGERIA: LEGAL FRAMEWORK, PROBLEMS AND

SOLUTIONS

AKPOGHOME, THERESA U

Lecturer, Faculty of Law, Benson Idahosa University, Benin City, Edo State, Nigeria

ABSTRACT

This paper examines domestic waste management in Nigeria: Legal frame work, problems and solutions.

Literatures from similar studies were reviewed. The paper discusses the classification of waste and meaning of wastes,

various laws regulating waste management in Nigeria both at the Federal and State levels. Causes of domestic waste was

highlighted, the problems of effective waste management in Nigeria was also discussed in this paper. Based on the

discussions it was observed that the problem was not that of the non availability of relevant laws but the lacunae in the area

of enforcement of the various environmental laws which accounts for the indiscriminate discharge and dumping of

household garbage and commercial wastes unto the streets. It was discovered that there is so much disparity in the

elements of offences and penalties in various States. This paper suggests ways through which domestic wastes can be

managed as done in developed countries which can be effectively applied to our situation in Nigeria and concludes that

Nigeria needs to do a lot in the areas of public enlightenment, training of staff of the various agencies saddled with the

responsibility of managing domestic waste, provision of adequate funds, effective monitoring and stringent sanctions on

the defaulters will help curtail the menace of domestic waste management in Nigeria.

KEYWORDS:Domestic Waste, Waste Management, Environmental Laws, Garbage

INTRODUCTION

Waste generation is a natural phenomenon of life in human existence. As consumption and industrial activities

increases, so would waste. Wastes are generated in all economies of the world, be it developed or developing economies

and these wastes can be in diverse forms. These wastes generated in the course of human development are handled

differently. Domestic Waste Management has become an area of major concern in Nigeria today. The Environmental

problems arising from indiscriminate dumping of refuse are actually begging for some form of attention, control and

management. To deal with domestic waste, there is a need for proper waste management regime to combat the harmful

consequences of unguided waste and to ensure a clean and healthy environment for all Nigerians.

It is a common sight in Nigeria today to see heaps/festering waste dumps in our urban and commercial cities.

This sight is quite unwholesome and very nauseating. This is an indication that we have a major problem with domestic

waste management. One wonders whether the problem is as a result of the absence of legislations or the lack of

implementation by those vested with the authorities to do so. This paper will examine the problems of domestic waste

management, the legal framework, the adequacy or otherwise of the various laws and other problems militating against the

effective management and control of wastes. Waste is defined as superfluous, refuse or rejected material.1The Lagos

1Oxford English Dictionary.

International Journal of Environment, Ecology,

Family and Urban Studies (IJEEFUS)

ISSN(P): 2250-0065; ISSN(E): 2321-0109

Vol. 4, Issue 6, Dec 2014, 7-28

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8 Akpoghome, Theresa U

Impact Factor (JCC):3.0965 Index Copernicus Value (ICV): 3.0

State Environmental Sanitation Edict 19852 in section 32 defines waste to include [a] waste of all description, [b] any

substance which constitutes scrap material or an effluent or other unwanted surplus substance arising from the application

of any process. Throughout the European Community waste is defined as: Any substance or object which the producer or

the person in possession of it discards or intends or is required to be discarded

3

. The Federal Environmental ProtectionAgency Act 1988

4did not define waste. Waste as the term implies is any solid, liquid or gaseous substance or material

which being a scrap is required to be disposed of as unwanted5Identifying waste is a subjective matter, and waste is only

defined as such when perceived so. Some people see waste as a negative externality, but it can also be viewed as a

potential resource in industrial ecology. This work will consider classification of wastes, legal framework for waste

management, causes of domestic waste and problems of waste management.

Classification of Wastes

Waste can be classified into different types; it can be classified according to its source- when they are generated

from the home they are called house hold waste, if it is generated from the offices or shops they are called commercialwaste and when they are produced from the factories, the term industrial waste

6 is used to identify such. This will also

include the wastes from oil extraction industries with particular reference to the Niger Delta Region of Nigeria where it has

become an aberration to have a clean and healthy environment. Waste can also be classified according to the harm it is

capable of causing. Waste may either be solid, liquid or gaseous. It can also be organic or inorganic. Organic waste can

decay7but inorganic wastes cannot decay and should not be treated in the same way as organic wastes. Domestic wastes

are more often than not multi component. Improper management, storage, disposal of these multi component waste can

result in harmful consequences, health hazard and epidemic and this is why Nigeria needs an effective law in the handling

and management of domestic waste.

Natural and Human Waste

Waste produced outside the home or naturally do not pose dangers as they are reintegrated into the soil through

natural recycling processes. An example is dry leaves in a forest decomposing into soil. Outside of the natural

environment, these wastes may become problematic, such as dry leaves in an urban centre. The highest volume of waste

outside of nature comes from human industrial activity: mining waste, industrial waste, post consumer waste, and so on.

Most manufactured products are destined to become waste at some point in time, with a volume of waste production

roughly similar to the volume of resource consumption.8

Solid Waste and Emission Waste

Solid waste includes all wastes solid and semisolid that can rot and produce a disgusting smell and includes

2No 12 of 1985.See Ilegbune, T.Legal Regulation of Industrial Waste Management, In Environmental Law and

Sustainable Development In Nigeria, Ajomo M.A and Onabolaji Adewale [Mrs.](Eds)., [Lagos: NIALS and the British

Council; 1994] P 83.3Waste management Licensing Regulation 1999, Part 11, Sched.4, Cited in V.O.O Aigbokhaevbo [Mrs.], Waste

Management in Nigeria: A comparative Analysis, Selected Essays on Petroleum and Environmental Laws; ed. by Prof. L.

Atsegbua, 2000.p9.4Cap 131 Laws of the Federation on Nigeria 1990 now Cap F10, Laws of the Federation of Nigeria [LFN], 2004.

5Aibgokhaevbo, V.O. O supra note 2, p9.6Ibid.

7

They include those materials and substances that will rot and be absorbed back into the soil. They also serve as manurewhich helps the soil. Such materials include leaves from the trees, mango and banana peels etc.8Bambooweb Dictionary. http://www.bambooweb.com/articles/w/a/waste.html. Accessed 5/5/2010.


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Managing Domestic Waste in Nigeria: Legal Framework, Problems and Solutions 9


garbage, rubbish, ashes, industrial waste, swill, demolition or construction waste, abandoned vehicles or parts thereof and

discarded commodities. When one considers that every product ends up as waste, it might be a good idea to analyse

matters entering the production cycle, rather than analyzing wastes that are usually diluted as a result of the process9.

An analysis of products entering the production system and a guarantee from the provider might be a wiser approach toprevent the final pollution

10. Also post consumer waste is the waste produced by the end user [the garbage one puts outside

in the trash can]. This is the waste people usually think of, though the most visible; it is very small compared to waste

created in the process of mining and production.

Radioactive Waste

This connotes any radioactive material that has been, or will be, discarded as being of no further use11

.

When atomic energy is mentioned, it probably invokes more and varied responses from people than any other energy topic.

It seems to offer an almost unlimited supply of clean energy on the one hand while serious questions seem to remain

unanswered or unresolved on the other hand. The basic uncertainties are those related to radiation, either from theproduction of radioactive waste or from an accidental release due to some types of power plant failure

12. One must

understand that natural radioactivity exists everywhere, in the atmosphere and in crystal rocks13

. Radiation is not new,

what is new is the human induced increase in radiation that people are exposed to14

. It is established that no increase in

radiation exposure is beneficial even with certain types of specialized medical treatments because they may also involve

many complications and there is no minimum or threshold dosage of radiation below which no biological damage results15

.

There is also hazardous waste which has been defined as any waste or combination of wastes that exhibits

ignitable, corrosive, reactive or toxic characteristics and poses a substantial danger, now or in the future to human, plant or

animal life, and which therefore cannot be handled or disposed of without special precautions16. Health Care Waste (HCW)

is another type of waste generated during the diagnosis, treatment, or immunization of human beings or animals or in

research or activities relating thereto or in the production or testing of biological experiments; generated in medical and

health institutions (dispensaries, hospitals, polyclinics and outpatients departments, dental clinics, veterinary stations,

pharmacies, patent medical shops etc.) as a result of use or contamination during diagnosing, medical treatment and

prevention of diseases in humans and animals17. On the other industrial waste comes from processing and manufacturing

industries or trade undertakings and can take the form of liquid, non liquid, solid and gaseous substances18.

The distinction or classification of waste is important because there is international market for waste.

The product being an economic good and is bought and sold and transported across land and sea. The definition and

9A Consumer who buys products containing heavy metals in small quantities will probably not detect these heavy metals

in the resulting waste.10

For instance a farmer receiving sewage sludge to landfill on some of his field for fertilizing; the sewage sludge analysisis more likely to reveal the pollution than the soil itself after a couple of years.11

Section 106, Interpretation section, National Environmental (Sanitation and Waste Control) Regulations,2009.12

Olu Sule R.A: Urban Environmental Pollution Criticality: A Synopsis, [Calabar: BAAJ International Company; 2001]

p.66-67.13Ibid. p. 67.14

This may either come in forms of bomb testing, atomic energy, or power production or x-rays.15Any increase in background radiation is potentially harmful and has to be considered along with any benefits resulting

from activities which lead to radiation exposure or release.16

Supra note 11.17Ibid.18Ibid.


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classification of waste has been the basis for agreed Protocols on packaging and management of waste.

Legal Framework for Domestic Waste Management

A number of laws have been put in place at the Federal and State levels in Nigeria for the purpose of waste

management19

. Apart from the federal and state laws, there is also the Constitutional provision. The Nigerian Constitution

is the beacon for the protection of the rights of the citizens. Section 2020

provides: States shall protect and improve the

environment and safeguard the water, air, Land, forest and wildlife Regrettably, this provision of the peoples right to a

protected environment is made an integral part of the fundamental objectives and directive principles of state policy

covered in chapter 2 of the Constitution21

.

It is worthy to note that section 33 of the 1999 Constitution as amended can be used to protect the right of the

citizens to a clean environment. According to Alfred O. Okukpon22he posits that Our environment is anchored on the fact

that a right to life implies a right to live in an environment which is devoid of any injurious degradation.

He further posited that in order to make these sections a potent weapon for safeguarding the right of the

individuals who are victims of environmental degradation, our courts should adopt the fact that right to life implies a right

to live in a clean environment. Furthermore, section 44 of the 1999 Constitution as amended is also relevant to the

protection of the right of the citizens to a clean environment. Thus, it prohibits the acquisition of any immovable property

or interest in immovable property unless according to law, and guarantees the prompt payment of compensation.

Federal Environmental Protection Agency Act [F.E.P.A.]

In discussing the legal framework, one cannot the provisions of the F.E.P.A Act as this is the first major

environmental legislation passed by the nation. This Act has been repealed and replaced by the NESREA Act but deserves

to be discussed albeit in historical perspective. The Agency was established by section 1 of the Federal Environmental

Protection Agency Act23

as a body corporate with a common seal with the ability to sue and be sued in its corporate name.

The agency was vested with the responsibility for the protection of the environment in Nigeria.

Section 4 of the Act sets out the functions of the agency as follows:

The Agency shall, subject to this Act, have responsibility for the protection and development of the environment

and biodiversity conservation and sustainable development of the nations natural resources in general and environmental

technology, including initiation of policy in relation to environmental research and technology; and without prejudice to

the generality of the foregoing, it shall be the duty of the agency to

Advise the Federal Government on national environmental policies and priorities and on scientific and

technological activities affecting the environment;

19They include Federal Environmental protection agency Act 1988, Lagos State Environmental Sanitation Edict No. 3

1998, Anambra State Environmental Sanitation Authority Edict No.15, 1985, Edo State Environmental Sanitation Edict

,1994, River State Environmental Sanitation and Protection Edict No.5 1986 , Cross River State Environmental Sanitation

and Protection Edict No 6 1984.201999 Constitution of the Federal Republic of Nigeria as amended.21

The resultant effect is that the provision is not justiciable. Individuals cannot enforce their rights under this provision.22

Okukpon A.O, The 1999 Constitution of Nigeria and the Protection of the Right of Citizens to a Clean Environment, InSelected Essays on Petroleum and Environmental Laws, edited by Prof Atsegbua, p32.23Cap 131 Laws of the Federation of Nigeria, 1990 [formerly Decree No. 58, 1988] Cap. F10 LFN 2004.


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Prepare periodic master plans for the development of environmental science and technology and advise the

Federal Military Government on the financial requirements for the implementation of such plan;

Promote cooperation in environmental science and technology with similar bodies in other countries and with

international bodies;

Co- operate with Federal and State ministries and local government councils, statutory bodies and research

agencies on matters and facilities relating to environmental protection; and

Carryout such other activities as are necessary or expedient for the full discharge of the functions of the Agency

under this Act.

While the Federal Environmental Protection Agency functioned, it exercised wide powers in the establishment of

environmental standards in the nation. The enforcement powers granted by the Act to an authorized officer include powers

to inspect without warrant, licenses, permits, certificates, or other document required by law24, powers to search, seize,

enter any land, building, vehicle, tent, vessel, floating craft or any inland water or any other structure, in which he has

reason to believe that an offence against the Act has been committed25, power to perform tests with regards to substances

relating to any offence which are found on the land, building, vehicle, tent, vessel, floating craft or any inland water or any

other structure searched in pursuant to this Act26;powers to make arrest and to seize any item or substance believed to have

been used in committing an offence under the Act. Although in the exercise of these powers an authorized officer needs no

warrant, he is however, expected to produce evidence of his identity on demand; sufficient to convince a reasonable person

that he is an authorized officer carrying out his lawful duties27

. Where the officer is not in uniform and he fails to

sufficiently identify himself, the suspected offender may refuse to comply with his request.28

At the State and local government levels, the Act provides that the Director General shall encourage them to set

up their own environmental bodies for the purpose of maintaining good environmental quality in the areas of related

pollutants under their control subject to the provisions of the Act 29. In line with this, states established their various

Environmental Protection Agencies. It is important to note that the Federal Environmental Protection Agency no longer

exists, having been replaced in 1999 by the Federal Ministry of Environment. Today there is a new Agency which has

taken over the functions of F.E.P.A and this is The National Environmental Standards and Regulations Enforcement

Agency Act30. This Agency has since been vested with all the functions and powers mentioned above. Most states

government have also established ministries of environment to take over the functions previously performed by State

Environmental Protection Agencies [SEPAS]. Having looked at FEPA, it would be necessary to examine the provisions ofthe NESREA Act which has repealed the Federal Environmental Protection Agency Act.

24Section 25.

25Section 26 [1] [a]26Section 26 [1] [b]27

Section 28 [1]28Section 28 [2].Note that willful obstruction of an authorized officer carrying out his lawful duties or failure to comply

with any lawful inquiry or requirements made by an authorized officer in accordance with the Act constitutes an offence

punishable on conviction to a fine not exceeding #500,000.00 or a minimum of ten [10] years imprisonment or both.29Ibid.30Hereinafter NESREA Act, 2007.


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The National Environmental Standards and Regulations Enforcement Agency Act [NESREA] 2007

The Agency was established by section 1 of the NESREA Act, to be the enforcement agency for environmental

standards, regulations, rules, laws, policies and guidelines31. It is a body corporate with perpetual succession and a

common seal; and may sue and be sued in its corporate name 32. The functions and powers of the Agency are as listed in

sections 7 and 8 of the Act. In exercise of the powers conferred on the Minister of Environment by section 34 to make

Regulations, one was made for environmental sanitation and waste control 33 and the commencement date was 30th

September, 2009. Section 3 of Regulation provides that:

No person is to discard, throw or drop any litter or any similar refuse anywhere except in designated litter bins, no

owner, operator, occupant or person in care, management or control of premises is to allow the release of litter

into the environment; no occupant or passenger of any vehicle is to throw or drop any litter into the streets, roads,

highways, public spaces and other undesignated places.34

The above provision is quite laudable but suffice it to say that this litter prohibition section is honoured more in

breach as people appear not to know or be aware of this law when one considers the way and manner the streets, highways,

and the entire environment is littered with impunity on a daily basis in Nigeria. The Act went further to state that any

person whose activities generate waste shall ensure that the waste is handled by a person licensed to transport and dispose

of the waste in designated waste management facility35. Section 7 provides that:

All traders in the markets or in the management or control of a business or operation where wastes are generated

in vicinity shall: ensure that litter and recyclable materials are deposited in appropriate receptacles or waste bins;

and maintain cleanliness and empty receptacles regularly.36

This is quite encouraging because the volume/quantity of wastes generated by our markets are quite

unprecedented and one would discover that there are no receptacles in our markets and the authorities vested with the

rights to collect and dispose these wastes in the so called designated areas are mere contractors who are more interested in

collecting monies from traders without removing the wastes as at when due, and that is the reason why the markets are

very filthy. Again, where the receptacles exists in the markets, the traders need to be educated on the proper use of such

and stiff penalties imposed on defaulters without which the receptacles will be turned into monuments or pieces of

decorations for the markets37.

Regulations 10 and 12 provides for the duties and obligations of owners and occupiers of premises. Section 12 is

entitled citizens obligations and its quite apt. It provides that:

It shall be the responsibility of individuals, groups of persons and bodies corporate, to report any fly tipping and

disposal of waste in or on undesignated locations to appropriate authority; pay for the collection and disposal of

31Section 1 (2) (a) NESREA Act, 2007.

32Section 1 (2) (b) (c) NESREA Act, 2007.33National Environmental (Sanitation and Waste Control) Regulations, 2009.34

Regulations 3 (1) (2) (3), National Environmental (Sanitation and Waste Control) Regulations, 2009.35Regulation 4.36

Regulations 7 (a) and (b).37

If one takes a look at the Oba market in Benin City, the suggestion of the writer will be appreciated. The Oshiomholesgovernment has beautified the roads and the market and placed receptacles for wastes but the traders dump their wastes

indiscriminately without making use of these receptacles.


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waste; and incorporate environmental care concerns in their day to day activities38

.

The Act also encourages persons whose activities generate waste to segregate such wastes by separating all

recyclables and putting them into securely tied plastic bags or leak proof refuse bins and keep them in the premises,

dispose them in facilities provided by the appropriate authority39. These beautiful provisions of the law will be of no effect

if the Act fails to make room for enforcement and the power to enforce the Regulations and the mode of achieving it has

been stipulated in the Regulations40. If the occupier or owner of the premises contravenes the provisions of the

Regulations, he shall be served with an enforcement notice which will specify the matters constituting the contravention,

specify the steps that must be taken to remedy the contravention and specify the period within which those steps must be

taken.

The notice will be delivered by hand or registered post or courier, newspaper publication or pasting at the address

of the owner or occupier of the premises and where one fails to comply within the specified period, a second notice will be

served to him

41

. Regulations 71 75 contains a comprehensive list of what would constitute offences while Regulations94 104 contains the penalties and this ranges from a fine of 20,000.00 or 6 months imprisonment to as much as

500,000.00 or two (2) years imprisonment for a breach of the provisions contained in regulations 71-9342

.

One very important Regulation is to the effect that a licensed waste manager will undertake waste collection at the

designated points and at scheduled time and period and that any person granted license to transport waste will meet all the

transportation and operational guidelines and conditions as stated in Schedule 7 of these Regulations43. Schedule 7 is

entitled Guidelines for Waste Collection and Transportation Vehicle and it provides that:

1 Every vehicle used for the transportation of waste shall:

Be registered with appropriate Environmental Authority;

Have the name of the company conspicuously written on both sides of the body;

Be painted in bright colours;

Have a hauling body constructed of metal, or any other approved material and all joints in the hauling body shall

be effectively sealed and smoothened to avoid drippings or leakages of liquids;

Be provided with a tight metal hood having adequate openings fitted with smoothly operating loading and

unloading doors; or

Have a means of covering the waste to be hauled and keep such waste secured within the hauling body to prevent

dispersal;

Have covers made with appropriate materials such as tarpaulin, canvas cover fitted with proper eyes, grommets

and tie ropes and hooks whereby the cover can be held securely over the loaded wastes;

38Regulations 12 (a) (b) (c).

39Regulations 11.40

Regulations 67 70.41

Regulation 70.42See generally Regulations 71 104.43See regulations 25 and 26.


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Not be loaded with garbage to a level above the side wall height if it does not have permanent covers;

Be thoroughly washed or steam cleaned regularly and kept in good working condition;

Conduct such collection and transportation of waste in such a manner that will not cause scattering, escaping or

flowing out of the waste;

Be in such a state that shall not cause the scattering, escaping, flowing out of the waste or emitting of noxious

smells from the waste;

Collect waste from designated area of operations and shall deliver such waste to the designated transfer station,

disposal site or plant44.

The provisions of the NESREA Act are a great improvement of the FEPA Act. It made provisions for very minute

details and it is hoped that the agency will be alive to their responsibilities in enforcing this piece of legislation.

The African Charter

It is trite to note here that the right to a clean and healthy environment is enshrined in the African Charter on

Human and Peoples Rights (Ratification and Enforcement) Procedure Act.45 The Charter guarantees the right to a

generally satisfactory environment.46The most important case regarding environmental damage that was first filed was in

1996, concerning degradation due to oil extraction and conflict in Ogoni Land, Nigeria. The case was decided on its merits

and The African Commission on Human and Peoples Rights found inter aliaviolations of Article 24.

Again, a Federal High Court in Nigeria in 2005 found Shell Petroleum Development Company Nigeria Ltd,

(SPDC) liable for environmental degradation relating to oil spill and pollution.47

(a major cause of conflict) in a suit

brought pursuant to Articles 4,16 and 24 of the African Charter on Human and Peoples Rights (Enforcement and

Ratification) Act.48

The plaintiffs claimed for their fundamental right to life and dignity which includes the right to clean,

poison free and healthy environment. We submit here that this is a good development. The lesson here is the fact that

environmental right has been recognized as an enforceable right. Therefore the ratio for this decision can be applied to

armed conflict situations in Africa. We further submit that the African Court of Human Rights and African Commission on

Human Rights should take the implementation of the Charters provisions seriously. If this is not done then, environment in

Africa and Nigeria in particular will be in jeopardy and sustainable development will be a mirage. We therefore

recommend that the African Union (AU) should compel States in the continent to respect and ensure respect for the treaty

provisions they have ratified and appropriate sanction should be imposed on erring States.

Having considered Federal and Regional Law, some State laws will be examined hereunder.

44One would agree that the waste disposal vehicles we have in most parts of Nigeria do not measure up to the standard

stipulated in Schedule 7 of the Regulations. Most of these vehicles are not registered nor do they have the name of the

company written on them and they have become vehicles for waste dispersal rather than disposal. This is quite unfortunate

because these contractors get paid for not doing what the law says and the respective government agencies turns a blind

eye to these contraventions so long as they have their share of the national cake from these defaulters.45

CAP A9, Laws of Federation of Nigeria (LFN) 2004.46African Charter on Human and Peoples Rights, Article 24. The African Charter on Human and Peoples Rights. was

adopted by the African Heads of State and Government on Nairobi, Kenya in June 1981, but the Charter came into force

five years later in 1986.47Jonah Gbemire v SPDC and Ors(Unreported) Suit No. FHC/B/CS/53/05. Judgment delivered on 14thNovember, 2005.

48CAP A9, Vol. 1, Laws of the Federation of Nigeria (LFN), 2004.


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Lagos State

Lagos produces 9,000 tonnes of waste per day, with a population density of 4,193 people per km2 and a projected

population of 25.4 million by the year 2015, issues related to waste loom large in any developing strategy and present a

wide range of possibilities for the investment community49. Lagos state being the commercial nerve centre of the country

has enormous human population and wastes are generated at a very high level. In order to maintain a clean environment,

the Lagos state government promulgated the Environmental Sanitation Edict50 and this was the first major effort of the

government towards statutory regulation of the environment although the law was primarily made for health reasons.

Under this law, every landlord or occupier of a house had a duty imposed on him to keep free and clear drains, gutters, and

e.t.c, clear the streets of all rubbish or refuse of any sort; to provide trash cans and generally prohibited indiscriminate

disposal of refuse into such gutters and channels.

A new Law was made in 198351

and it improved upon the 1978 Edict and it classified waste into domestic and

commercial. This law prohibited the burning of commercial waste and the dumping of wastes at sites other than thedesignated ones. This law was later replaced by the Environmental Sanitation Edict

52which conferred powers on the waste

disposal board to designate proper waste/refuse disposal sites for the deposit of refuse or waste and prohibited the burning

of refuse collected in garbage cans at designated sites. It also authorized the Board to register interested persons as private

collectors. Jurisdiction to try offences under these edicts was vested in customary courts.

Another Environmental Sanitation Edict was promulgated in 199853 and this edict contains far reaching

innovations in the area of definition of duty of owner, tenant, and occupier. It also established a body to be known as the

Environmental Sanitation Corporation54. Section 27 made provisions for the setting up of a special offences court to try

violators of the Edict55.The special offences court had jurisdiction to try any person who violates any of the provision of

the Edict and impose the prescribed penalty56 and fines are also imposed on defaulters. Presently the environmental

sanitation law in Lagos State is the Lagos State Environmental Law, 2000.

This Law provides that the owner, tenant or occupier shall keep the side walks and other gutter areas (45cm from

the side walk into the street) along the building frontage, sides and back at all times; bind all old newspapers, loose papers,

rubbish and rags before out for collection; put refuse into securely tied plastic bags or leak proof dustbins with tightly

fitting lids; keep refuse dustbins within their premises until the time of collection; ensure that dustbins are covered at all

times with tight fitting cover; not dump yard sweepings, hedge cuttings, grass, leaves, earth, stones, bricks, or business

waste with household refuse; not use dustbins which may be leaking or permitting litter to escape or which might injure

people handling them; and not litter, sweep out, or throw ashes, refuse, paper, nylon, and rubbish into any street, public

place or vacant plot57

. The Law made provision for penalties and offence58

and of special note is the provision for special

49Waste Management in Lagos State. http://www.tradeinvestnigeria.com/investment_opportunities/655788.htm. Accessed

30/10/2014.50

No.19 of 1978.51Environmental Sanitation Law No. 7 of 198352No. 12 of 1985.53

Environmental Sanitation Edict No.3 of 1998.54Atsegbua, L. et al:Environmental Law in Nigeria: Theory and Practice, [Lagos: Ababa Press: 2004] P.160.55

Ibid.56

Failure to clean side walk in Lagos state will attract a fine of #3,500.00 and cutting of road by corporate bodies withoutapproval is #100,000.00.57Section 1 (a) (f) Environmental Sanitation Law, 2000.


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offences court and it provides that: The special offences Court established under the Special Offences Court Law, Cap.

180, Laws of Lagos State of Nigeria 1994, shall have jurisdiction to try any person who violates any of the provisions of

this Law and impose the prescribed penalty59

.

Edo State

The primary legislation on Environmental Sanitation is the Edo State Environmental Sanitation Edict of 199460

now the Edo State Environmental Sanitation Law. This Law charges the environmental sanitation task force with the

implementation of the Law61

. The Law also imposes an obligation on the landlord or occupier of tenement to keep the

tenement and its surroundings together with the adjoining and connecting drains, gutters, and channels free from weeds,

grasses, and filth62

. The Law prescribed the mode to be adopted by the landlord or occupier of any tenement in disposing of

refuse63

.This mode will enable the local government council to dispose the refuse at regular intervals. This provision

includes any approved agent or company registered or approved by the local government council64

.

Today, waste disposal in Edo Sate is handled by the waste management board. They provide refuse bins for

premises and are expected to collect the refuse for a fee of #600.00 65for flats66. Section 11 of the edict provides that it is

unlawful for any person to sweep, throw, or dispose refuse or other waste matter into the highway or public space or any

other unauthorized place. The section also prohibits the discharge of toxic water from tenement into a river, highway or

adjoining gutters or drains. There is an elaborate provision for sanctions against anyone who honours the provisions of the

Law in the breach67. Consequently, the sanction ranges from a fine of #200.00 or a month imprisonment for individuals

and #2,500 .00 fines for corporations or companies. The jurisdiction to try these offences is vested in the Customary,

Magistrate or Mobile Courts. Some of the oversight functions of the Edo State Waste Management Board include but not

limited to68:

58Sections 27 and 28 of Lagos State Environmental Sanitation Law, 2000.59Section 29 Environmental Sanitation Law,2000.60

This is an improvement on the sanitation Edict of 1986.61The task force is to ensure proper disposal of waste, refuse and sewage and ensuring that surroundings together with

adjoining and connecting drains, gutters are kept clean.62

This is absolutely a far cry from what is presently obtainable in Edo state. Most houses are not well planned. Provisions

are not made for soak away tanks/ pits and you find the owners and occupiers emptying their dirty waters into the streets

and there are no drainages on the roads. One hopes that the ongoing drainage projects will be concluded as this will help to

keep the state clean.63The landlord or occupier is under obligation to provide standard refuse bin having two handles on both side and a cover

for the purpose of gathering or storing waste or refuse. The landlord or occupier is to pay a fee to the local governmentcouncil in charge of the area if the local government council has a disposal service.64It is observed that this provision gave rise to the employment of different contractors in the state to manage waste

disposal. Unfortunately after collecting the prescribed fees from the residents, the refuse bins are never collected.65

At the 2nd

East Circular Road and the adjoining streets up to Igbesanmwan Street, Ehaekpen and the environs, thisservice of waste disposal is handled by scavengers who go from one street to the other carrying refuse from offices and

homes in pursuit of their daily bread.66

The amount charged differs with the type of residence, e.g. Duplex without boys quarters is 2000, with boys quarters, it

will be 2,500.00, Bungalow with boys quarters will attract a sum of 2,000.00, Mansions will pay 5,00.00 and traders are

expected to pay 500.00.67

Section 14.The sanction is invoked on anyone who refuses to take part in environmental sanitation on the day sodeclared by the government. It usually holds on the last Saturday of every month but Governor Oshiomhole has cancelled

that. He told the inhabitants of the state that environmental sanitation should be done on a daily basis and once every week

the markets will be shut from 6am 12noon for sanitation.68Edo State Waste Management http://www.edostate.gov.ng/waste%20management%20Board.htm. Accessed

30/06/2014.


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Review and development of guidelines for pollution control;

Development of appropriate regulations for pollution control;

Inspection and compliance monitoring of Industrial facilities;

Hazardous chemical inspection, registration and tracking; and Toxic Waste dump watch;

Establishment of a permit system for

Construction and operation of Landfills;

Importation of Hazardous chemicals;

Transportation, storage, treatment and disposal of hazardous wastes;

Waste discharge by industrial facilities.

The Waste Management Board is under the direct supervision of Edo State Ministry of Environment and Public

Utilities [MEPU]. On November, 2009, A bill for a Law to Regulate Sanitation and Control Pollution in Edo State,

Establish the Edo State Waste Management Board, Create an Enforcement Agency and Matters Connected Therewith was

sent to the Edo State House of Assembly by the Governor and in 2010 the Edo State Sanitation and Pollution Management

Law was passed69. This law is made up of 87 sections and divided into seven parts:

Part I deals with preliminary matters and includes citation and interpretation. Provisions were made for Special

Environmental Protection Court which is set up for the purpose of trying offences relating to degradation, pollution and

abuses of land, air, water, payment of environmental remediation and pollution management levy, payment of

compensation, claims and other environmental quality related issues. Part IV is quite significant as it made provision for

the establishment of State Waste Management Board and section 87 which is contained in Part V of the law provides for

the registration of waste managers and imposes sanctions for failure of the waste managers to carry out their duties

efficiently.

All the States of the Federation have similar provisions in their Environmental Sanitation Laws and they all have

waste management boards charged with the responsibility of disposing wastes and maintaining a cleaner and healthier

environment. Environmental offences are triable in established Courts such as the Magistrate, District, Customary and

Area Courts. Environmental Sanitation Edicts of Rivers and Cross River States respectively also made provisions for the

establishment of tribunals and courts to try environmental offences. Remarkable success has been recorded in Cross River

State to the effect that it was declared to be the cleanest and neatest state in the country70.

Causes of Domestic Waste

In Nigeria, enclosed drains for the disposal of domestic waste water, and rain storms are limited, the only few

exceptions are found in the institutional housing estates71. In areas where there are no drains, domestic waste water stinks

in gutters around dwelling places. For example, fresh environmental crises loom in Ibadan because of improper waste

69To be cited as the Edo State Sanitation and Pollution Law, 2010.

70

This feat was achieved between 1999 -2003 during the administration of Governor Donald Duke. It is hoped that thetempo will be sustained by the present administration of Governor Liyel Imoke.71Olu Sule R.A. Supra note12, p27.


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management and poor planning. The situation around the Ogunpa River has become increasingly worrisome. People fear

that there could be an outbreak of disease. Heaps of refuse in the channels and overflowing refuse cabins stationed at

intervals by the riverside are common and horrible sights72

.

Nigerians are accustomed to dirt73. Wastes collected during environmental sanitation exercise are left on the road

side for days and where bins are provided they get full and spill over without being cleared74. Contractors who undertake to

clear the reuse have failed in their responsibilities. The provisions of the laws are laudable but seldom obeyed. Domestic

wastes, sometimes human excreta are usually emptied into the gutters. Presently, sewage are being emptied into the

lagoons in Lagos State75. When refuse is cleared, it is transported in open vehicles through residential and busy commercial

areas, wind blowing them in different directions. This often results in waste dispersal and not disposal. Refuse disposal

sometimes consists mainly in shifting the refuse from one part of town to another without plans for its management76. At a

site near the General Hospital in Gbagada, the bulk of Lagos waste is strewn over a vast expanse of land 77. In Ibadan, the

Oyo State capital, an equally vast expanse of land is used for dumping and burning of refuse along the Ring Road, a very

busy residential and commercial area of the town78. Similarly, in Benin City the Edo State capital, there is an unsightly

heap of refuse strewn over a vast area situate around Oba, Ogiso, Oliha, and Ekiosa markets respectively.

Problems of Waste Management

The problems of waste management in Nigeria are not as a result of lack of relevant laws/legislations but due to

the lack of enforceability of the various environmental laws/Edicts. Other problems militating against an effective regime

of waste management includes:

Multiplicity of laws;

Lack of trained personnel;

Lack of modern technologies;

Inadequate funding of the agencies;

Lack of effective monitoring and control; and

Illiteracy and apathy.

Waste management simply means the collection, keeping, treatment, and disposal of waste in such a way as to

72TELL Magazine, No.25, June 23, 2008, p.31.

73Evidence of this can be seen everyday by way of indiscriminate discharge of garbage into the drains and at times on the

highways.74

A case in hand is the filth removed from the drains along the Akpakpava road during the April 2008 edition of the

environmental sanitation exercise. They were left there for weeks and most of it found their ways back into the drains after

the rains. Thank God for the present administration in Edo State. The roads are being rehabilitated and the drains cleared

and covered to avoid being covered up with wastes.75NTA Network News, July 20, 2006.76

Most of the wastes collected in Benin City, Edo State are heaped at a site off Ekehuan Road by Ugbuiyoko village and

no plans are made as to their management.77Aigbkhaevbo,V.O.O. Supra note 3, pp 13-14.78Ibid.


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render them harmless to human and animal life, the ecology and environment generally79

. In the words of Arene80

,

domestic waste management means the organized and systematic dumping and channeling of waste through or into

landfills or pathways to ensure that they are disposed of with attention to acceptable public health and environmental

safeguard. Proper waste management will result in the abatement or total elimination of pollution and this will beachieved if appropriate legal framework exists and is religiously enforced

81.

Multiplicity of Laws

This is a very sore point with regard to domestic waste management. The Constitution of the Federal Republic of

Nigeria82

vested the authority and management of waste on the local government council but this authority has been

delegated to contractors who have brought in their own laws with strangulating fees and a result the masses have resorted

to disposing their wastes at any available space83

. Nobody wants to pay dues or taxes for waste disposal to a contractor

who will eventually not do the job and also pay dues and taxes to government.

InEternit v Efedor Services Ltd84; the plaintiffs company was sealed off by the defendant for refusing to pay some

money which the defendant alleged was for waste disposal. It was the plaintiffs contention that having paid to Sapele

Local Government Council the environmental levy for the year in question, they were no longer indebted to any other

organization or contractor in respect of waste disposal. When the plaintiff insisted on not paying to the defendant, the

plaintiffs company was sealed off. The plaintiff brought this action to determine the appropriate authority vested with

powers to collect taxes and levies for refuse /waste disposal.

The Court held that the Constitution had vested the authority for waste management and disposal on the local

government council and that no other agency is authorized to do so and that any law made by any such organization in

respect of waste management and disposal will be void for inconsistency85

. One major problem of waste management is

the existing lacunae in the area of enforcement of the various environmental laws and this account for the indiscriminate

discharge of house hold garbage and commercial waste from market place unto the streets and other public places and

drains.

Lack of Modern Technologies

Waste management is literally the process of extracting value from waste. In most developed countries, wastes are

recycled and used. Wastes are not properly managed in Nigeria due to lack of modern technologies. Wastes can be

managed in the following different ways

79 Ilegbune T O:Legal Regulation of Industrial Waste Management: Selected essays In Environmental Law and

Sustainable Development; edited by Ajomo M.A and Omobolaji Adewale, [Lagos: NIALS and British Council;1994],

p.88.80

Ibid.81Absence of enforceable law to check the careless waste disposal attitude of the people has further compounded the

problem.82

1999 Constitution, the Fourth Schedule.83Some inhabitants of Benin City dispose their wastes at market places, cemeteries, at road sides, and in the moats which

are regarded as having historical importance.84

Unreported Suit No S/15/O7. Judgment delivered on the 9

th

of August, 2007 by Hon. Justice Z.A. Smith. Sapele HighCourt.85Section 1 [3] of the 1999 Constitution. This section emphasizes the supremacy of the Constitution.


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Landfills86

This involves the digging of a hole on the ground and filling it with wastes. Land filling is the common method of

waste management in the world. Most areas in most countries have enough land for landfills. A well run landfill has

historically been a hygienic, inexpensive solution to garbage disposal. However, poorly run landfills can pollute ground

water and the air87. This happens to be one of the methods of waste management in Nigeria. Unsupervised and poorly dug

landfills can be spotted around every neighbourhood. This is due to the fact that there is no proper and established method

of refuse disposals. Trucks do not go to homes to pick refuse from houses and where this exists; the inhabitants of such

areas who may not want to pay the prescribed fees hurriedly dig holes and bury their wastes without having had time to

separate the non degradable materials. This is a dangerous trend that the government needs to put an end to.

Incineration

This means the controlled burning of solids, liquids gaseous combustible wastes to produce gasses and residues

containing little or no combustible material. In many areas of Japan and Europe, including France, Germany, Italy and

Switzerland, such low value recyclable wastes [mostly paper and plastics], are incinerated, often with some amount of

natural gas88. Incineration reduces the waste volume by 95%, and sanitizes the waste biohazard and unpleasant smells89.

Incineration is often used to produce electricity. If toxic materials 90 are removed, and incineration is completed at

controlled temperatures, little pollution is produced. Until recently, safe disposal of incinerator waste was a major problem.

In the mid 1990s successful experiments in France and Germany used electric plasma torches to melt incinerator waste into

rounded glassy pebbles, valuable as concrete filler91. The argument that landfills permanently remove raw materials from

economic use is also extended to incineration92.

Incineration is said to contribute to damage of forests and agricultural areas, especially in less developed countries

that derive a majority of their export revenues from raw materials. Incineration in Nigeria is not done as described above in

developed countries. Individuals engage in the act of burning refuse or wastes indiscriminately and where it is done at

dump sites, care is not taken to prevent environmental pollution as the smoke and fumes that emanate from such sites

pollutes the air and the environment. Sometimes, these dumpsites are located near dwelling places and the smells that the

wastes produces are harmful to health. Recently, a University in Nigeria, Edo State in particular is collaborating with

another firm to produce electricity that would power the University campus from the wastes generated from the

University.93

Recycling

This is the processing of waste material into a new product of similar composition. It is the commonest way of

86Bambooweb Dictionary. http://www.bambooweb.com/artcles/l/a/landfill.html Accessed 12/5/2014.

87Another problem of landfill is leaching. Few people want landfills in their neighborhood. Ecological activities dislike

landfills not only because of the potential pollution but due to the fact that they permanently remove raw materials from

economic use.88Bambooweb Dictionary. http://www.bambooweb.com/articles/r/e/recycling.html Accessed 12/5/2014.89 Incineration produces dioxin and incinerator ash is toxic and its leachate can poison groundwater.90

Such as chlorinated plastics.91It should be noted that glassy pebbles of waste do not dissolve in water.92

Not only are the materials wasted, but also all of the energy and natural resources [such as water] that are used to process

them.93The University is Benson Idahosa University. A private owned University that is set to lead and be amongst the best in

Africa.


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managing waste in the developed countries94

. It involves the production of useful materials from wastes. Garbage almost

always has enough value to justify recycling parts of it rather than disposing of it in a landfill. Jurisdictions with a

container deposit law can often find recycling industries just from collections of returned deposits. In Southern California,

some waste services already separate recyclable wastes from household garbage. The separation process producesrelatively pure streams of paper, plastics, glass steel, copper, and aluminum

95.

The process of recycling begins from the time the truck collects garbage from streets, dumpsters and compacting

dumpsters in businesses. The trash is dumped to a conveyor belt; workers remove bottles to a special conveyor belt which

is connected to a special machine that can read the product bar code and sort the containers by its colour of glass, metal or

resin type. Also during manual sorting, suspicious packages, such as bottles of paint or motor oil containers are separated

into toxic waste containers. Some operators recycle motor oil by selling it to a reclaimed motor oil company. The waste is

sometimes catalytically cracked to get more motor oil and the sludge is sold as asphalt96. A continuing problem with

recycling is that common recycled materials such as paper are often of slight or negative value compared to new materials.

At times, supplies of paper or plastics can swing; permitting recycling of paper, glass or selected plastics97.

Recycling of wastes in Nigeria has begun in some of the big cities like Lagos but the extent or success of this

technology is yet to be determined. Sorting of wastes in Nigeria is manually done by scavengers who pick what they can

clean up and sell as scraps in order to earn a livelihood. These scavengers are commonly seen around dumpsites selecting

metal and plastic items that can be reused. These they clean up and resell to those that have need of them. Nigeria, should

develop a proper method of waste separation and sorting and recycle the items in order to maintain a clean and healthy

environment. The only viable recycling happens in the paper industry. Here, wastes generated by publishing houses are

bought by tissue paper industries. These papers are re-processed and used in the production of tissue papers.

Again, the most important aspect of a strategy designed to deal with the uncontrolled refuse disposal problem in

Nigeria is the possible introduction of environmental education throughout the country98. Environmental education must

begin in the early stage of education99. Curricular must be designed to reflect both the process and future rates of

technological change in Nigeria; pupils must be educated to appreciate a quality environment100. This process must not end

with the children, but must be extended to their parents at home101. The government should also put up effective machinery

for the monitoring and control of agencies for waste management102. There should be an adequate training for the available

94

Supra note 86.95Ibid.96Recycled used materials compete in the market place with new materials which can mean conservation of those

materials.97

A waste management organization must track such prices and be prepared to divert its resources to higher paying uses.98Olu Sule R.A. Supra note 12, p121.99

Elementary school curricular should include consideration of identification of environmental changes, and possible

improvements and how to induce a high quality environment.100Supra note 98, p 122.101This can be achieved through adult education to be organized through the Parents Teachers Association as a domestic

forum for environmental education. This process must also be extended to post secondary school education with advancedcurricular developed on the importance ecosystem studies.102

In the United Kingdom, one of the sources of waste management is the Environmental Protection Act of 1990. S 35 of

the Act made provision for waste disposal authorities which are responsible for awarding contracts to various wastedisposal contractors who may be private sector companies, or companies set up by local authority. This body issues

licenses to waste management contractors and wastes cannot be deposited without a license. S37 of the Act made it an


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manpower to equip them with skills necessary to competently carry out their jobs of waste disposal and management.

CONCLUSIONS

Wastes can be converted into various products, including fertilizer, methane gas and electricity. A company called

Earth Care Technologies Incorporated has already invested successfully in this area and is currently running Africas

largest compost factory in Lagos. It is obvious that the problem of waste management in Nigeria is not as a result of lack of

relevant laws but the lack of enforceability of these laws. Again there is so much disparity in the elements of offences and

penalties in various states and these disparities cannot be explained. It only shows that committing pollution could be

cheaper in some states than others. Penalties for offences are not adequate considering the fact that they are supposed to

serve as deterrents. States should be encouraged to impose stringent sanctions that would serve this purpose.

Nigeria should borrow a leaf from other Countries on how to manage domestic waste. Nigeria is about the only

country in the world that does not recycle wastes even though the NESREA Act made provisions for it. There should be

enforcement of duties and obligations on all stakeholders. There is need to create effective enlightenment programmes

towards changing the attitude of Nigerians to live in clean environment. The various agencies involved in waste

management in Nigeria should be adequately funded and monitored and their staff trained to be able to face the present day

challenges. These agencies should be provided with modern garbage trucks. It is trite to note that one of the finest

examples of futuristic sustainable design and effective waste management is the proposed solar tower turbine.

It is also interesting to note that the Polluter pays principle which is an emerging trend of environmental

protection has been incorporated into the NESREA Act by Regulation 14 and 15 and all generators or wastes are

encouraged to apply sustainable practices in waste management to reduce pollution. Maintaining our environment is a task

that we must all live up to if Nigeria must achieve sustainable development as evidenced by the provisions of the African

Charter on clean environment.

REFERENCES

1. Oxford English Dictionary.

2.

No 12 of 1985.See Ilegbune, T. Legal Regulation of Industrial Waste Management ,In Environmental Law and

Sustainable Development In Nigeria, Ajomo M.A and Onabolaji Adewale [Mrs.](Eds).,[ Lagos: NIALS and the

British Council; 1994] P 83.

3.

Waste management Licensing Regulation 1999, Part 11, Sched.4, Cited in V.O.O Aigbokhaevbo [Mrs.], Waste

Management in Nigeria: A comparative Analysis, Selected Essays on Petroleum and Environmental Laws; ed. by

Prof. L. Atsegbua, 2000.p9.

4.

Cap 131 Laws of the Federation on Nigeria 1990 now Cap F10, Laws of the Federation of Nigeria [LFN], 2004.

5. Aibgokhaevbo, V.O. O supra note 2, p9.

6.

Ibid.

offence to treat, keep or dispose of waste in such a manner likely to cause pollution the environment and harmful to human

health.


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7. They include those materials and substances that will rot and be absorbed back into the soil. They also serve as

manure which helps the soil. Such materials include leaves from the trees, mango and banana peels etc.

8.

Bambooweb Dictionary. http://www.bambooweb.com/articles/w/a/waste.html. Accessed 5/5/2010.

9. A Consumer who buys products containing heavy metals in small quantities will probably not detect these heavy

metals in the resulting waste.

10.

For instance a farmer receiving sewage sludge to landfill on some of his field for fertilizing; the sewage sludge

analysis is more likely to reveal the pollution than the soil itself after a couple of years.

11. Section 106, Interpretation section, National Environmental (Sanitation and Waste Control) Regulations,2009.

12.

Olu Sule R.A: Urban Environmental Pollution Criticality: A Synopsis, [Calabar: BAAJ International Company;

2001] p.66-67.

13.

Ibid. p. 67.

14.

This may either come in forms of bomb testing, atomic energy, or power production or x-rays.

15. Any increase in background radiation is potentially harmful and has to be considered along with any benefits

resulting from activities which lead to radiation exposure or release.

16.

Supra note 11.

17. Ibid.

18. Ibid.

19.

They include Federal Environmental protection agency Act 1988, Lagos State Environmental Sanitation Edict No.

3 1998, Anambra State Environmental Sanitation Authority Edict No.15, 1985, Edo State Environmental

Sanitation Edict ,1994, River State Environmental Sanitation and Protection Edict No.5 1986 , Cross River State

Environmental Sanitation and Protection Edict No 6 1984.

20. 1999 Constitution of the Federal Republic of Nigeria as amended.

21.

The resultant effect is that the provision is not justiciable. Individuals cannot enforce their rights under this

provision.

22.

Okukpon A.O, The 1999 Constitution of Nigeria and the Protection of the Right of Citizens to a Clean

Environment, In Selected Essays on Petroleum and Environmental Laws, edited by Prof Atsegbua, p32.

23.

Cap 131 Laws of the Federation of Nigeria, 1990 [formerly Decree No. 58, 1988] Cap. F10 LFN 2004.

24. Section 25.

25.

Section 26 [1] [a]

26. Section 26 [1] [b]

27.

Section 28 [1]


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28. Section 28 [2].Note that willful obstruction of an authorized officer carrying out his lawful duties or failure to

comply with any lawful inquiry or requirements made by an authorized officer in accordance with the Act

constitutes an offence punishable on conviction to a fine not exceeding #500,000.00 or a minimum of ten [10]

years imprisonment or both.

29.

Ibid.

30. Hereinafter NESREA Act, 2007.

31.

Section 1 (2) (a) NESREA Act, 2007.

32. Section 1 (2) (b) (c) NESREA Act, 2007.

33.

National Environmental (Sanitation and Waste Control) Regulations, 2009.

34. Regulations 3 (1) (2) (3), National Environmental (Sanitation and Waste Control) Regulations, 2009.

35.

Regulation 4.

36. Regulations 7 (a) and (b).

37. If one takes a look at the Oba market in Benin City, the suggestion of the writer will be appreciated. The

Oshiomholes government has beautified the roads and the market and placed receptacles for wastes but the

traders dump their wastes indiscriminately without making use of these receptacles.

38. Regulations 12 (a) (b) (c).

39. Regulations 11.

40.

Regulations 67 70.

41. Regulation 70.

42.

See generally Regulations 71 104.

43. See regulations 25 and 26.

44.

One would agree that the waste disposal vehicles we have in most parts of Nigeria do not measure up to the

standard stipulated in Schedule 7 of the Regulations. Most of these vehicles are not registered nor do they have

the name of the company written on them and they have become vehicles for waste dispersal rather than disposal.

This is quite unfortunate because these contractors get paid for not doing what the law says and the respective

government agencies turns a blind eye to these contraventions so long as they have their share of the national cake

from these defaulters.

45. CAP A9, Laws of Federation of Nigeria (LFN) 2004.

46.

African Charter on Human and Peoples Rights, Article 24. The African Charter on Human and Peoples Rights.

was adopted by the African Heads of State and Government on Nairobi, Kenya in June 1981, but the Charter

came into force five years later in 1986.

47.

Jonah Gbemire v SPDC and Ors (Unreported) Suit No. FHC/B/CS/53/05. Judgment delivered on 14th November,

2005.


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48. CAP A9, Vol. 1, Laws of the Federation of Nigeria (LFN), 2004.

49.

Waste Management in Lagos State. http://www.tradeinvestnigeria.com/investment_opportunities/655788.htm.

Accessed 30/10/2014.

50. No.19 of 1978.

51.

Environmental Sanitation Law No. 7 of 1983

52. No. 12 of 1985.

53.

Environmental Sanitation Edict No.3 of 1998.

54. Atsegbua, L. et al: Environmental Law in Nigeria: Theory and Practice, [Lagos: Ababa Press: 2004] P.160.

55.

Ibid.

56.

Failure to clean side walk in Lagos state will attract a fine of #3,500.00 and cutting of road by corporate bodies

without approval is #100,000.00.

57.

Section 1 (a) (f) Environmental Sanitation Law, 2000.

58.

Sections 27 and 28 of Lagos State Environmental Sanitation Law, 2000.

59. Section 29 Environmental Sanitation Law,2000.

60.

This is an improvement on the sanitation Edict of 1986.

61. The task force is to ensure proper disposal of waste, refuse and sewage and ensuring that surroundings together

with adjoining and connecting drains, gutters are kept clean.

62.

This is absolutely a far cry from what is presently obtainable in Edo state. Most houses are not well planned.

Provisions are not made for soak away tanks/ pits and you find the owners and occupiers emptying their dirty

waters into the streets and there are no drainages on the roads. One hopes that the ongoing drainage projects will

be concluded as this will help to keep the state clean.

63. The landlord or occupier is under obligation to provide standard refuse bin having two handles on both side and a

cover for the purpose of gathering or storing waste or refuse. The landlord or occupier is to pay a fee to the local

government council in charge of the area if the local government council has a disposal service.

64.

It is observed that this provision gave rise to the employment of different contractors in the state to manage waste

disposal. Unfortunately after collecting the prescribed fees from the residents, the refuse bins are never collected.

65. At the 2nd East Circular Road and the adjoining streets up to Igbesanmwan Street, Ehaekpen and the environs,

this service of waste disposal is handled by scavengers who go from one street to the other carrying refuse from

offices and homes in pursuit of their daily bread.

66.

The amount charged differs with the type of residence, e.g. Duplex without boys quarters is 2000, with boys

quarters, it will be 2,500.00, Bungalow with boys quarters will attract a sum of 2,000.00, Mansions will pay

5,00.00 and traders are expected to pay 500.00.


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67. Section 14.The sanction is invoked on anyone who refuses to take part in environmental sanitation on the day so

declared by the government. It usually holds on the last Saturday of every month but Governor Oshiomhole has

cancelled that. He told the inhabitants of the state that environmental sanitation should be done on a daily basis

and once every week the markets will be shut from 6am 12noon for sanitation.

68.

Edo State Waste Management http://www.edostate.gov.ng/waste%20management%20Board.htm. Accessed

30/06/2014.

69. To be cited as the Edo State Sanitation and Pollution Law, 2010.

70.

This feat was achieved between 1999 -2003 during the administration of Governor Donald Duke. It is hoped that

the tempo will be sustained by the present administration of Governor Liyel Imoke.

71. Olu Sule R.A. Supra note12, p27.

72.

TELL Magazine, No.25, June 23, 2008, p.31.

73. Evidence of this can be seen everyday by way of indiscriminate discharge of garbage into the drains and at times

on the highways.

74.

A case in hand is the filth removed from the drains along the Akpakpava road during the April 2008 edition of the

environmental sanitation exercise. They were left there for weeks and most of it found their ways back into the

drains after the rains. Thank God for the present administration in Edo State. The roads are being rehabilitated and

the drains cleared and covered to avoid being covered up with wastes.

75. NTA Network News, July 20, 2006.

76.

Most of the wastes collected in Benin City, Edo State are heaped at a site off Ekehuan Road by Ugbuiyoko village

and no plans are made as to their management.

77. Aigbkhaevbo,V.O.O. Supra note 3, pp 13-14.

78.

Ibid.

79. Ilegbune T O: Legal Regulation of Industrial Waste Management: Selected essays In Environmental Law and

Sustainable Development; edited by Ajomo M.A and Omobolaji Adewale, [Lagos: NIALS and British

Council;1994], p.88.

80. Ibid.

81.

Absence of enforceable law to check the careless waste disposal attitude of the people has further compounded the

problem.

82. 1999 Constitution, the Fourth Schedule.

83.

Some inhabitants of Benin City dispose their wastes at market places, cemeteries, at road sides, and in the moats

which are regarded as having historical importance.

84. Unreported Suit No S/15/O7. Judgment delivered on the 9th of August, 2007 by Hon. Justice Z.A. Smith. Sapele

High Court.


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85. Section 1 [3] of the 1999 Constitution. This section emphasizes the supremacy of the Constitution.

86.

Bambooweb Dictionary. http://www.bambooweb.com/artcles/l/a/landfill.html Accessed 12/5/2014.

87. Another problem of landfill is leaching. Few people want landfills in their neighborhood. Ecological activities

dislike landfills not only because of the potential pollution but due to the fact that they permanently remove raw

materials from economic use.

88.

Bambooweb Dictionary. http://www.bambooweb.com/articles/r/e/recycling.html Accessed 12/5/2014.

89. Incineration produces dioxin and incinerator ash is toxic and its leachate can poison groundwater.

90.

Such as chlorinated plastics.

91. It should be noted that glassy pebbles of waste do not dissolve in water.

92. Not only are the materials wasted, but also all of the energy and natural resources [such as water] that are used to

process them.

93. The University is Benson Idahosa University. A private owned University that is set to lead and be amongst the

best in Africa.

94. Supra note 86.

95. Ibid.

96. Recycled used materials compete in the market place with new materials which can mean conservation of those

materials.

97.

A waste management organization must track such prices and be prepared to divert its resources to higher paying

uses.

98. Olu Sule R.A. Supra note 12, p121.

99.

Elementary school curricular should include consideration of identification of environmental changes, and

possible improvements and how to induce a high quality environment.

100.Supra note 98, p 122.

101.

This can be achieved through adult education to be organized through the Parents Teachers Association as a

domestic forum for environmental education. This process must also be extended to post secondary school

education with advanced curricular developed on the importance ecosystem studies.

102.In the United Kingdom, one of the sources of waste management is the Environmental Protection Act of 1990. S

35 of the Act made provision for waste disposal authorities which are responsible for awarding contracts to

various waste disposal contractors who may be private sector companies, or companies set up by local authority.

This body issues licenses to waste management contractors and wastes cannot be deposited without a license. S37

of the Act made it an offence to treat, keep or dispose of waste in such a manner likely to cause pollution the

environment and harmful to human health.


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managing domestic waste in nigeria: legal framework, problems and solutions

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