THE ROLE OF THE NIGERIAN LEGISLATION IN COMBATING/CONTROLLING PLASTIC WASTE AND POLLUTION

Author: O. M. Atoyebi S.A.N FCIArb. (U.K.)., Contributor: AMAEFULE LINDA .C.

May 11, 2023
12:42 pm

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It is no secret that plastic is terrible for the environment, we hear about it all the time and it has been reiterated over and over again by policymakers, scientists, and the likes of David Attenborough.

But do you know just how bad the plastic pollution problem is?

According to the UN Environment Programme (UNEP), 300 Million tonnes of plastic is produced every year, and not all of it is recycled. To put that into perspective, that’s equivalent to the weight of the entire human population. While some countries and cities around the world have enforced plastic bans, and the call for the end of single-use plastics is at an all-time high, more still needs to be done. It is up to us consumers to understand the impact that our plastic consumption is having on the environment.

The definition of waste varies depending on the perspective that a writer chooses. However, for ease of reference, waste can be described as an “end”, an unused product of a usual element. We can also describe waste in terms of spoilt items, useless and valueless items, refuse junk and liquid waste etcetera.

Going further, Plastic waste means any plastic product such as carry bags, pouches, or multilayered packaging, which have been discarded after use or after their intended life is over.

Plastic waste is the accumulation of plastic products that have been discarded after use or after their intended life is over. Plastic waste can be found in all major categories of municipal solid waste, especially in containers and packaging. Plastic waste does not decompose and can end up in the ocean.

WHAT ARE THE EFFECTS OF PLASTIC POLLUTION?

Indiscriminate disposal, poor management, and the unregulated use of plastic are fueling a pollution crisis in Nigeria. The effects of plastic in Nigeria have negative environmental and health implications. The increasing use of plastics is evident in the unsighted heaps of plastic waste that are recurring sights in major cities. In some areas, these heaps have taken over major roads.

The negative impacts of aesthetics appear to be the least of the negative effect of plastic waste in Nigeria. For most, management and plastic waste involves the burning of the same. Poor management systems such as the burning of plastics portend negative public health implications for the country. The World Health Organization (WHO) has identified dioxin as one of the chemical substances released from the burning of plastic waste. Dioxin has been linked to cancer, damage to the immune system, hormonal imbalance, and other reproductive and developmental problems.

Plastic waste also negatively impacts Nigeria’s environment. This poses danger to the soil, water, and air. When burnt, plastic waste releases harmful toxins. These toxins when left in the atmosphere impact the air quality negatively. Also, when such toxins seep into the soil, they can lead to groundwater contamination which can affect the quality of drinking water.

A law on plastic waste will soon come into force in Nigeria. The new legislation was recently approved by the Federal Executive Council (FEC). Initiated by the Nigerian Federal Ministry of Environment, this national policy aims at improving plastic waste management in the most populous country on the African continent. Among other things, the new legislation should encourage the development of a circular economy around plastic waste. “In the past, the standard procedure was to produce, use and dispose of it. We cannot continue to do that, knowing that plastics are very suitable for recycling or reuse. Plastic can be recycled to produce blocks, new plastics, or pallets for lock production,” says Muhammad Mahmood, Nigeria’s Federal Minister of the Environment.

Nigeria generates some 32 million tonnes of waste per year, including about 200,000 tonnes of plastic waste according to a 2018 report by the World Economic Forum. The country’s disposal, recycling, and waste management system is very inefficient, dealing with both plastic and non-plastic waste, most of which (70%) ends up in landfills, sewers, beaches and water bodies. In an effort to improve plastic waste recycling in this case, the Nigerian Ministry of Environment has already built plastic recycling plants throughout the country, says Muhammad Mahmood. The official adds that these facilities will serve as a pilot project after the new regulations come into force.

Nigeria’s plastic waste law is also expected to bolster financial institutions that already support many recycling projects in the country. This is the case of the International Finance Corporation (IFC) which granted (in September 2020) a loan of US$39 million to Engee PET Manufacturing Company Nigeria for the construction of a continuous polymerization PET resin plant in Ogun State, in southwestern Nigeria. The facility, which is expected to be fully operational within 2 years, will draw more than 20% of its raw material from local plastic waste, thus helping to structure the recycling industry in Nigeria[1]

WAYS TO REDUCE PLASTIC POLLUTION

Humans have a major role to play in ensuring that the amount of plastic waste in the nation is significantly reduced. Plastic waste and cannot simply disappear on their own. Here are some of the ways to reduce plastic waste and Pollution in Nigeria:

1. SINGLE-USE PLASTIC BANS

Bans and restrictions on single-use bans are some of the most widely used and successful legal mechanisms by the government. Some of their success has been due to the flexibility of ban legislation In allowing for exemptions for medical products and other necessary use while promoting the use of alternative products like cloth or paper bags.

2. TAXES AND ECONOMIC INCENTIVES

Governments can also impose taxes to deter the production or use of single-use plastics or offer tax breaks, subsidies, and other fiscal incentives to encourage alternatives to single-use plastic products.

3. PRODUCT STANDARD

Product standards, certificates, and labeling requirements can be designed to educate the public on the environmental impacts of plastic, and the health and safety hazards involved in their production and use. Legislation on single-use plastic products can set standards on material composition, reusability, and recoverability (to ensure that the product can still be recycled)

4. EXTENDED PRODUCER RESPONSIBILITY(EPR)

This Program can ensure that manufacturers maintain responsibility for single-use plastic products throughout the whole life cycles of those products. This legislative tool can guarantee more sustainable designs by holding manufacturers responsible for single-use plastics throughout the collection, recovery, recycling, or reuse of their products.[2]

ROLE OF THE NIGERIAN LEGISLATION IN COMBATING/CURBING PLASTIC WASTE AND POLLUTION IN NIGERIA

In Nigeria, the Federal Executive council (FEC) has just validated a new policy to improve plastic waste management in Nigeria and this strategy is validated, just three months after the approval of a law on the solid waste management in this West African country.

CONCLUSION

Formal or simple contracts of employment are valid and enforceable in law, whether they are written or unwritten. The onus of proof however is on the party alleging the existence of such a contract of employment. Engaging in unwritten contracts does not vitiate it unless a statute mandates that the contract is by deed. It should be clearly stated, however, that contracts involving huge amounts of consideration be reduced into writing.

[1]https://www.afrik21.africa/en/nigeria-the-fec-approves-a-new-law-on-plastic-waste-management/#:~:text=Nigeria%20generates%20some,come%20into%20force

[2] https://www.wri.org/insights/4-ways-reduce-plastic-pollution#:~:text=Portugal%20and%20Denmark,or%20to%20create

[3] https://www.afrik21.africa/en/nigeria-ifc-releases-39-million-for-engee-manufacturings-recycling-plant-in-ogun/

THE ROLE OF THE NIGERIAN LEGISLATION IN COMBATING/CONTROLLING PLASTIC WASTE AND POLLUTION

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