The Legal Framework of Fire Service in Nigeria: Analyzing the Need for States to Enact Local Laws

Contributor: Oby Umeh

Introduction

Fire safety is a fundamental aspect of public security, and welfare in any country, including Nigeria. While the Federal Fire Service Act provides a solid foundation for fire prevention and management at the national level, the diversity of Nigeria’s states necessitates a closer examination of the need for local laws tailored to regional contexts.

The fire service in Nigeria is a government agency tasked with fire prevention, firefighting, and rescue operations. Established to protect lives and property from fire hazards, it functions under both federal and state jurisdictions. The National Fire Service formulates overarching policies, while individual states enforce local regulations tailored to their specific needs.^[1] These regulations address fire emergencies and enforce safety standards, especially in urban areas where the risk of fire incidents is heightened due to population density and industrial activities. Given the growing challenges posed by inadequate resources and regulatory inconsistencies, there is a pressing need for state governments to enact local laws that enhance fire safety and ensure effective response measures.

This article explores the rationale behind why states in Nigeria should enact their own fire service laws to complement federal legislation, addressing specific regional challenges and enhancing overall fire safety measures.

Understanding Fire Safety

The term “Fire safety” describes a collection of practices, policies, and actions designed to avert fires, reduce the possibility of fire-related mishaps, and guarantee the security of people and property in the case of a fire. It entails a mix of knowledge, readiness, and appropriate safety procedures to stop fires from starting and lessen their effects if they do.^[2]

A wide range of procedures, guidelines, and initiatives are included in fire safety, with the ultimate goals being the avoidance of fires, the reduction of fire-related events, and the guaranteeing of property and human safety in the case of a fire. It takes a combination of awareness, readiness, and efficient safety procedures to stop fires before they start, and lessen their damage if they do.

According to the National Fire Protection Association (NFPA), fire safety begins with education and awareness. Public education campaigns are essential to inform individuals and communities about fire hazards, safe practices, and emergency procedures. These efforts not only raise awareness but also empower people to take proactive measures to prevent fires in their homes, workplaces, and public spaces (NFPA, 2020)^[3].

Besides education, fire safety relies heavily on the implementation of building codes and regulations. The International Building Code (IBC)^[4] and National Fire Protection Association (NFPA) codes provide standardized guidelines for constructing fire-resistant buildings and installing fire protection systems such as smoke alarms, sprinklers, and fire extinguishers^[5]. These codes are regularly updated to incorporate new research findings and technological advancements in fire prevention and safety (IBC, 2021; NFPA, 2020).

Effective fire safety also requires robust emergency response capabilities. Fire departments and emergency services play a critical role in responding to fire incidents swiftly and efficiently. This includes conducting fire drills, training personnel in firefighting techniques, and coordinating rescue operations during emergencies. The timely response of trained professionals can significantly minimize property damage and save lives in fire emergencies (NFPA, 2020).

Moreover, fire safety extends beyond residential and commercial buildings to encompass industrial facilities, transportation systems, and natural environments. Each setting presents unique fire hazards and requires tailored safety measures. For instance, industrial facilities must comply with Occupational Safety and Health Administration (OSHA) regulations to manage fire risks associated with hazardous materials and processes^[6] (OSHA, 2021) to prevent fires, safeguard communities, and lessen the effects of fire-related catastrophes.

Legal Framework for Fire Safety in Nigeria

Fire Service Act 2019:

Nigerian fire safety laws are anchored by the Fire Service Act. This legislation was enacted to prevent and control fire incidents, outlining the responsibilities for coordinating national fire safety initiatives. The objectives of the Act include preventing uncontrolled fires in various environments, such as markets, public and private structures, and reducing the incidence of loss of lives and property. Additionally, the Act aims to enhance the response capabilities of the Fire Services, strengthen the regulatory and revenue generation potentials of the government regarding the distribution and maintenance of fire protection equipment, and promote inter-agency collaboration to minimize fire incidents.^[7]

National Fire Service Code 2013:

A thorough set of guidelines for safety regulations and fire prevention is provided by the National Fire Code. Building construction, fire alarm systems, emergency exits, and firefighting supplies are just a few of the topics it addresses. To keep a place safe and secure, adherence to the National Fire Code is essential.

The Nigerian National Fire Safety Code was reviewed in order to learn more about the need for an updated code that can effectively lower the number of fires in public buildings, which will lower the rate of socioeconomic losses and lessen the amount of harmful smoke that is released into the atmosphere^[8].

Occupational Safety and Health Act:

Another crucial piece of legislation is the Occupational Health and Safety Act, which, although not specifically addressing fire safety, requires businesses to provide a safe workplace that includes fire hazard prevention and control methods^[9]. the national policy on occupational safety and health is the government’s approach for achieving, inter alia, a national development philosophy of building a united self-reliant, and egalitarian economy through minimizing so far as is reasonably practicable, the cause and effect of hazards inherent in the working environment. The objective of this policy is to create a general framework for the improvement of working conditions and the working environment. To prevent accidents and departure from health arising out of or in the course of work. Lastly to ensure the provision of occupational safety and health services to workers in all sectors of economic activity^[10].

State-Level Legislation for Fire Safety in Nigeria

In Nigeria, fire safety regulations are governed not only by federal laws but also by state-level legislation. While the Fire Service Act provides a national framework, individual states have the authority to enact their own laws to address specific regional challenges and enhance fire safety measures tailored to local needs.

Importance of State-Level Legislation

• Regional Specificity:

Nigeria’s states vary significantly in terms of population density, economic activities, urbanization levels, and infrastructure. State-level legislation allows for customization of fire safety regulations to address these diverse contexts effectively.

• Supplementary to Federal Laws:

While the Fire Service Act establishes overarching guidelines, state laws can supplement federal provisions by filling gaps, specifying additional requirements, and enhancing enforcement mechanisms at the local level.

• Empowerment of State Agencies:

Enacting local laws empowers state fire services and agencies to enforce regulations within their jurisdictions. This includes setting standards for building construction, fire prevention measures, emergency response protocols, and public safety education initiatives.

State with Local Fire Safety Legislation in Nigeria

Some states in Nigeria have enacted their state law to protect the life and properties of the Nigeria citizens living in those states. Some of this states that have enact local laws includes:

• Lagos State:

Lagos, being Nigeria’s most populous state and a major economic hub, has robust fire safety regulations tailored to its urban environment. The Lagos State Fire Service Act mandates stringent requirements for fire prevention in residential, commercial, and industrial buildings. It outlines procedures for obtaining fire safety permits, conducting inspections, and ensuring compliance with fire safety standards. The act was established in 1972 with a vision to save lives and properties and to guarantee prompt response to Fire Calls, Rescue Operations and other Related Emergencies while ensuring pro-activeness through Fire Preventive Measures and Training.^[11]

• Oyo State:

Oyo State Fire Service has its origin in 1959 through Fire Service Law No. 4 of 1960 and was reviewed in 1980 under the Western State. It was established to save lives, prevent the destruction of properties by fire, and render humanitarian services through firefighting and rescue operations. To educate members of the public on measures to prevent and extinguish fire outbreaks as well as inspection of High-rise buildings, factories, Private and Commercial Buildings, and Petrol Stations and to ensure strict compliance of the citizens with laid down fire safety regulations 1985 and 1987^[12].

1. Cross Rivers State:

Cross River State has enacted legislation to establish its Fire Fighting and Rescue Service, known as the State Fire Service Law 2024. This service is responsible for various duties, including fire extinguishment, control, and prevention, as well as safeguarding lives and property. It also provides rescue and ambulance services for incidents such as traffic accidents, criminal injuries, construction accidents, and emergencies occurring in public spaces and private premises. Additionally, the service responds to disasters and performs humanitarian tasks as directed by the Commissioner.

• Ekiti State:

Ekiti State has enacted its Ekiti State Fire Service Law 2023. According to this law, the Governor has the authority to appoint the State Fire Director upon the recommendation of the Commissioner^[13]. A Government Fire Authority is vested with all powers and responsibilities stipulated by this law. Hence, unless otherwise specified herein, mentions of a fire authority in this law are to be construed, with necessary adjustments and modifications, to include references to a Government Fire Authority.^[14]

The Need for States to Enact Local Laws

The management of fire emergencies is critical to public safety and infrastructure protection in Nigeria. As the country continues to grow and urbanize, the demands on its fire services become increasingly complex and diverse. While a national legal framework provides overarching guidelines, the decentralized nature of governance in Nigeria necessitates the adoption of local laws by states. These local laws are essential for tailoring fire safety regulations to regional conditions, enhancing emergency response capabilities, and ensuring effective enforcement to protect the lives and property of citizens in each state.^[15]

Conclusion

In conclusion, the enactment of local fire service laws by states is essential for ensuring effective fire safety and emergency response within smaller communities. Localized regulations allow for tailored approaches that address the unique needs and risks of specific areas, improving overall fire prevention, preparedness, and response capabilities. By empowering sates to establish and enforce their own fire service standards, states can foster greater accountability, enhance resource allocation, and promote public safety. Ultimately, these laws help safeguard lives, protect property, and build more resilient communities, making them a critical component of a comprehensive fire safety strategy.

Reference

1. Career Najia, National Emergency Management Agency (2025) https://nema.gov.ng/about-nema/ accessed 18^th March 2025 ↑
2. Patricia Guevara, Understanding Fire Safety (2025) https://safetyculture.com/topics/fire-safety/ accessed 18^th March 2025 ↑
3. 3 National Fire Protection Association (NFPA) (2025). https://www.nfpa.org/About-NFPA accessed 18th March 2025 ↑
4. International Building Code (IBC). (2021). International Code Council,https://codes.iccsafe.org/content/IBC2021P2 Accessed 18^th March 2025. ↑
5. National Fire Protection Association (NFPA). https://www.nfpa.org/About-NFPA accessed 18th March 2025. ↑
6. Occupational Safety and Health Administration (OSHA) Fire Safety and Emergency Action. https://nigeria.speedycourse.com/courses/107565/osha-occupational-safety-and-health-administration-standards accessed 18th March 2025. ↑
7. Section 1 Fire Service Act ↑
8. Section 1(1) of the Fire Service Code ↑
9. Section 1(1) National policy on Occupational Safety and Health Act ↑
10. Section 1(2) of the National policy on Occupational Safety and Health Act ↑
11. Lagos State Fire Service https://fireservice.lagosstate.gov.ng/ Accessed 18^th March 2025. ↑
12. Oyo Statehttps://old.oyostate.gov.ng/oyo-state-fire-service/ Accessed 18^th March 2025. ↑
13. Section 1(1) Ekiti state fire service law ↑
14. Section 1 (2) Ekiti state fire service law ↑
15. Section 33 of the constitution ↑