AN APPRAISAL OF THE EFFECTIVENESS OF REGULATORY COMPLIANCE AND ENFORCEMENT MECHANISMS IN ENVIRONMENTAL LAW

Author: O. M. Atoyebi S.A.N FCIArb. (U.K.)., Contributor: IFEDIORA OBIORA CHISOM

July 4, 2023
5:04 pm

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Environmental law, also known as environmental and natural resources law, is a term used to describe regulations, statutes, local, national, and international legislation, and treaties designed to protect the environment from damage and to explain the legal consequences of such damage toward governments or private entities or individuals [1]

Environmental law plays a crucial role in safeguarding our planet’s natural resources, ecosystems, and human health. However, the mere existence of environmental regulations and laws is not sufficient to ensure effective protection. The effectiveness of regulatory compliance and enforcement mechanisms is paramount in ensuring that industries, businesses, and individuals adhere to environmental laws and regulations. This is where the role of environmental agencies becomes crucial. These agencies are entrusted with the responsibility of overseeing compliance, enforcing regulations, and taking appropriate actions against violators.[2]

However, in the face of growing environmental challenges, regulatory compliance and enforcement mechanisms play a vital role in ensuring the effective implementation and enforcement of environmental laws. These mechanisms are put in place to protect natural resources, prevent pollution, and mitigate the adverse impacts of human activities on the environment.

This article delves into the various aspects of the effectiveness of regulatory compliance and enforcement mechanisms in environmental law and its agencies. By exploring the key factors that influence effectiveness, and considering examples, it aims to provide insight into the importance of strong enforcement mechanisms and the challenges that need to be addressed.

EFFECTIVENESS OF REGULATORY COMPLIANCE IN ENVIRONMENTAL LAW

Regulations, legislations, and standards enacted to manage the environment sustainably are covered by environmental law. Compliance has been characterized as the extent to which behaviour complies with what an agreement requires or permits; however, this is distinguished from the extent to which the agreement influences state behaviour, which demonstrates the effectiveness of the agreement.[3] The regulatory procedure is expected to be flexible, and its application will vary depending on the country. As it takes into account concepts of tolerance and process management to discover effective and efficient control mechanisms of regulation, it is used to comprehend regulatory efficacy.[4]

The effectiveness of regulatory compliance in environmental law has been very weak as a result of the low level of constitutional protection for the environment, the roles and conflicts in environmental management, the courts’ excessive devotion to legalism, and insufficient information sharing.[5] The legislative goals are not met as a result of superficial enforcement, an excessive lag between non-compliance and enforcement, insufficient punishment for non-compliance, inadequate compensation for injured parties, and the meting out of administrative sanctions for some environmental crimes rather than corrective measures or criminal penalties.

In addition, the effectiveness of regulatory compliance in environmental law in Nigeria faces challenges related to enforcement, corruption, the lack of public awareness, capacity building, collaboration among stakeholders, monitoring, and a weak judicial system. Addressing these challenges requires a multi-faceted approach involving improvements in governance, capacity building, public participation, and the strengthening of enforcement mechanisms to ensure better compliance with environmental regulations.

ENVIRONMENTAL LAWS IN NIGERIA

The role of legislation in inducing responsible attitudes and behaviours towards the environment cannot be overlooked. These legislations serve as an effective instrument for environmental protection, planning, pollution, prevention and control. The following provides a summary of Nigerian legislation on the environment.

Constitution of the Federal Republic of Nigeria, 1999
National Environmental Standards and Regulations Enforcement Agency (NESREA) Act 2007
Niger-Delta Development Commission (NDDC) Act
The Land Use Act, 1978
Oil Pipelines Act CAP 07, LFN 2004.
Environmental Impact Assessment (EIA) ACT. CAP E12, LFN 2004.

ENVIRONMENTAL ENFORCEMENT AGENCIES AND THEIR MECHANISMS

Environmental enforcement agencies are authorized agents established by law to ensure a cleaner and healthier environment for Nigerians. These enforcement agencies include; National Environmental Standards and Regulations Enforcement Agency (NESREA), National Oil Spill Detection and Response Agency (NOSDRA), National Water Resources Institute (NWRI), Nigeria Maritime Administration and Safety Agency (NIMASA), National Emergency Management Agency (NEMA), National Agency for Food and Drug Administration and Control (NAFDAC) National and State Environmental Protection Agency/Local Government Environmental Protection Agency and The Court.

In addition, Nigeria’s federal and state environmental protection legislation offers an excellent selection of enforcement methods.[6] They include a permit, a license, a certificate, an inspection and searches, sealing and seizure, an arrest, recourse to courts for civil penalties for violations, injunctive relief to force compliance, criminal penalties for violations, and citizen lawsuits to enforce the laws in the absence of effective government enforcement.[7]

INSPECTIONS AND SEARCHES:

The main purpose of the inspection is to ensure that the laws applicable to individuals, industries and companies are obeyed. This is one of the most important enforcement methodologies; it also helps to know who has violated environmental laws in order to be able to take legal actions against such persons.

Authorized officers are empowered to request for and examine any mandatory licence, permit, certificate or other document, as well as any appliance, device or other items used in relation to environmental protection. A clear instance is, under NESREA, an authorized officer may enter and search any land, building, vehicle, tent, vessel, floating craft, or other structure without a warrant if he has reason to believe that an offence against the decree or any regulations made thereunder has been committed.[8]

SEALING AND SEIZURE:

This mechanism involves sealing up any area which will be used directly or indirectly for the purpose of depositing or dumping harmful waste and also authorized law enforcement agents under some statutes are empowered to seize any item or substance when there’s a reasonable suspicion that such substance will be used or is used in commission of crime.

ARREST:

This is the most common of all the enforcement measures. It is provided for in all states and local governments that deal with environmental protection. The authorized government agent is given the power to arrest any person whom he has a reason to believe has committed an offence under the said law.[9]

CIVIL PENALTIES:

This entails payment of damages or costs as a result of the violation of any of the environmental protection laws in Nigeria. Under NESREA47, where an owner or operator of any vessel or onshore or offshore facility responsible for the discharge of hazardous substance contrary to Section 20, in addition to the criminal penalty prescribed in that section he will be liable for:

1) the cost of removal of the hazardous substance as well as any cost incurred by the Government or its agencies in the restoration or replacement of natural resources damaged or destroyed as a result of the discharge; and

2) Costs of third parties in the form of reparation, restoration, restitution or compensation as may be determined by NESREA from time to time.[10]

THE DEFICIENCIES AND CHALLENGES OF ENVIRONMENTAL LAW ENFORCEMENT

In Nigeria, there are insufficient policies in place to coordinate and monitor how environmental management and sustainable development are related. As a result, Nigeria’s environmental protection laws are not effectively enforced. One of the difficulties in enforcing environmental regulations is an inefficient enforcement approach.[11] The majority of enforcement tactics and methods are ineffective and not being used. For instance, no mechanism has been developed or put into practice for the collection and management of the statistics environmental of facilities and service providers, such as waste transporters, waste vendors, landfills, companies’ effluent emission data, carbon footprints, sewage treatment plants, and other recycling companies.

The focus and target of environmental law enforcement is also a problem. It is ridiculous to have the Agency arresting goats instead of human beings for violating environmental laws. On the 9th of January 2013, five goats were arrested in Osun State, Nigeria by police officers for violating environmental protection law by roaming around the residential area of Oshogbo instead of being caged by their owners.[12]

These challenges include overlapping functions of statutory regulatory agencies, poor resource allocation, weak institutions, outdated or inadequate equipment, government interference, armed conflicts, and corruption.[13]

CONCLUSION

It is cliché to claim that the government laws on environmental regulations are the primary cause of the majority of environmental issues in Nigeria. All current environmental legislation should be evaluated in order to close any gaps and loopholes that businesses, organizations, and industries have exploited. Furthermore, in order to effectively manage the environment and enforce environmental regulations, funds for raising awareness, buying equipment, and other essentials should be distributed and directed to the right areas. In general, environmental courts could be established to hear cases involving the environment. As a result, the demands of the environment will be met quickly, the need for environmental laws will be quickly recognized, and environmental laws will be easier to enforce.

[1] Environmental Law: “Government and Public Policy Towards the Environment”

[2]N Gunningham, ‘Enforcement and Compliance Strategies’ in Robert Baldwin, Martin Cave and Martin Lodge (eds), The Oxford Handbook of Regulation (Oxford University Press 2010) 120, 121.

[3] SC Winter and PJ May, ‘Motivation for Compliance with Environmental Regulations’ (2001) 20 (4) Journal for Policy Analysis and Management 675.

[4] Ibid

[5] AC Salihu and others, ‘Analysis of the Factors Affecting Facilities Compliance to Environmental Regulations in Minna–Niger State, Nigeria’ (2016) 45(2) World Scientific News 174, 175.

[6] BA Abdulkadir, “The Right to a Healthful Environment in Nigeria”

[7] Ibid

[8] Hakeem Ijaiya, O.T. Joseph “Rethinking Environmental Law Enforcement in Nigeria”

[9] ibid

[10] Ibid

[11] PO Okonmah, ‘Right to a Clean Environment: The Case for the People of Oil-Producing Communities in the Nigerian Delta’ (1997) 41(1) Journal of African Law 43, 47.

[12] ‘Five Goats Arrested in Osun’ The Sun Newspaper (Nigeria 12 January 2013)

[13] A Babatunde, ‘Environmental Conflict and the Politics of Oil in the Oil-bearing Areas of Nigeria’s Niger Delta’ (2010) 5(1) Journal of Peace and Conflict Review 1.

AN APPRAISAL OF THE EFFECTIVENESS OF REGULATORY COMPLIANCE AND ENFORCEMENT MECHANISMS IN ENVIRONMENTAL LAW

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