AN OUTLINE OF EVOLUTION OF ENVIRONMENTAL MANAGEMENT LAW IN
NIGERIA
INTRODUCTION
This paper traces the origins of environmental laws in Nigeria from the pre-colonial days
to the present day. The basic aim is to highlight important stages in the eventual
emergence of environmental law. In essence, details of the analyses surrounding each
particular era or stage is deliberately down played for reasons of space available for the
write-up in the newsletter.
IDEA OF ENVIRONMENT AND ENVIRONMENTAL LAW
In spite of the differing opinions as to the meaning of environment, there is a central idea
that interactions among the components of the ecosystem which directly or indirectly
affect the welfare of human beings are the usual focus of environmental questions. Thus
activities among human beings, between human beings and other things in his immediate
and outer surrounding and beyond, and even among these other things themselves
(animate and inanimate) which can impact on the human being can very well be captured
within the focus or meaning of environment in its broadest sense. The need to manage
this resource for mans benefit has laid to formulation of definite rules and concepts
encompassing the features of environmental law today. Thus such concepts like
sustainable development, inter-generational equity, animal rights, environmental
protection, biodiversity etc have been rolled into environmental management studies.
Accordingly the study of the environment aims at, among other things: the preservation
of flora and fauna, conservation of endangered and migratory species, prevention of
deforestation and desertification, preservation of outstanding national heritage, protection
of ocean and international watercourses, the atmosphere, climate and the ozone layer etc
from effects of pollution. No doubt there are conflicting or unresolved issues in these
concepts of environment, prominent among which is how to reconcile economic and
technological development or advancement with these concepts when they seem to
contradict each other.
Environmental law therefore deals with application of the obligatory rules to regulate
these networks of interactions for the benefit of ecosystem and human beings in
particular no and in future. As an academic discipline, environmental management law is
a fairly recent phenomenon. However the idea of environmental management itself is not
a totally recent development. The idea and practice of environmental management span
from ancient times to present day. In Africa, for instance, the three distinct legal eras of
pre-colonial, colonial and post-colonial eras show interesting variations in the
management of environment over time. It has always been a part of man’s social habits to
harmonize his ways with nature especially where he cannot conveniently or beneficially
alter nature’s laws, or operate in opposition to or worse still outside it and its
endowments.
CUSTOMARY LAW FROM PRE-COLONIAL TIMES
In the case of Nigeria, at every stage of her development, considerations of
environmental factors in policies and practices or laws are clearly observable. In the precolonial era, regulations protecting the environment were packaged through the
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customary law which was basically unwritten and tradition-based. Although customary
law has gone through further metamorphosis, in the subsequent eras, it has survived to
this day as an important source of Nigerian law. Customary law and practices in various
parts of Nigeria made elaborate provisions to uphold the environmental balance and
preserve natural resources, and these eventually served to promote welfare of the rural
communities where these rules applied. Thus certain practices enjoined by customary
laws1 produce results compatible with or promotive of
Preservation of animals
Forests management and preservation
Water resources management
Regulation of fishing activities
Land preservation and environment-friendly agricultural practices
Pest Control
Soil preservation
Examples of some of the customary laws and practices under the above-listed headings
are many and worth noting. Some of the practices which helped to preserve animals
included
Selective prohibition of killing of certain animals at all or during certain periods
of the year either because they are worshipped by the community or as requirements for
seasonal hunting
Sparring the lives of domestic animals, especially domestic animals
Prohibition of bush burning or setting criteria and conditions to be met before
farmland can be burnt2
Ban on or prohibition of eating certain animals
In the case of forest management and preservation, the following practices are
noteworthy
Creation of forest reserves for special purposes like hunting, performance of religious
rites or rituals, or as groves3
Prohibition of collection of firewood from certain forests or by women and
children, or confining collection to certain days only
Prohibition of felling of certain trees4
Regulated or seasonal collection of certain resources from the forest or bush like
palm tree harvesting
Rivers and other bodies of waters were managed through such customs like
Declaration of certain habits/practices in the river as taboos, e.g. walking into the
river with shoes or using calabash to fetch water
Requirements of reasonable use of water
Requirements of consent of community to use water in or passing through its land
Existence of laid down rules for specific use of rivers or parts of parts of it
Declaring certain parts of the river as sacred or bad and its use there
See Adewale, O “Customary Environmental Law” in Ajomo, M.A. and Adewale, O (Mrs) ed (1994)
Environmental Law and Sustainable Development in Nigeria, Lagos, NIIA/British Council, 157
2
See Adedigba v. Abati cited in Adewale, O. Ibid, p.161
3
See Samuel v. Abiodun Koya, Ibid, p.163
4
(see ENA v. Alliat, Ibid p. 164
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Prohibition of use of river for preservation of its water, selective use for security
or religious reasons
Prohibition of interferences with river banks fro instance by building houses
closes to it
Fishing activities are regulated by such customs as those
Reserving exclusive fishing rights to natives
Requirements of fishing permits
Celebration of Fishing festivals which allow fishes to mature, and prevent
haphazard fishing for individual needs
Prohibition of use of dangerous/poisonous materials for fishing
In respect of agricultural practices and preservation, there were requirements like
Approval of allocation and use or application of land by community or family
head
Power of regulation and control of land /farming procedures exercised by
community or family head5
Practice of shifting cultivation
Selection of crops for mixed farming
In the area of pest control, customary made contributions through practices like
Mixing seeds with certain herbs during storage and/or before or during planting to
prevent infection and decay or destruction by pests
Use of effigy or dummy farmers
Planting of tobacco leaves round the farm
Use of night fires to scare away animals
Soil preservation was booted through
Prohibition of planting economic trees on sedimentary soils
Use of stone, sand sacks or rubbish heaps to check or prevent erosion
Although there are many unresolved issues surrounding the applicability of some of these
practices or their general validity in law today, the fact remains that they contributed to
the management of environment. No doubt, some of them are still relevant and applicable
to this day both in customary law and statutory law, and even have the blessing of
international law treaties. But all the limitations and inadequacies of customary law are
essentially in them, and to that extent they needed some improvements.
COLONIAL LAWS
In the colonial era, additional sources of law like common law, equity, received laws and
colonial legislations resulted in fundamental changes to the legal system leading to sharp
changes too in environmental laws and practice. The most significant change however
was the introduction of writing and documentation into the legal system. For the first
time, environmental protection laws, though in their rudiments still, came to be in
writing. Some of the colonial laws which raised the stakes of environmental management
and protection included the following laws enacted at various times during colonial
administration and eventually packaged to form part of Laws of the Federation 1958.
Building Lines (Federal Trunk Roads) Act, cap. 27, LFN 1958
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Seethe following cases Fasuwape v. Disu; Adebayo Segun v. Bello Otun Ige; Sodiya v. Samuel Oyesiku;
Adediba v. Abati, Ibid pp. 173-174
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Criminal Code Act, cap. ..
Destruction of Mosquitoes Act, cap. 50
Diseases of Animal Act, cap 54
Dogs Act, cap. 55
Factories Act, cap. 66
Forestry Act, cap 72
Hides and Skin Act, cap. 79
Lagos Town Planning Act, cap. 95
Land Development (Provision of Roads) Act, cap. 97
Mineral Oils Act, cap. 120
Minerals Act, cap. 121
Nigerian Coal Corporation Act, cap. 134
Nigerian Railway Corporation Act, cap 139
Oil Pipelines Act, cap. 145
Petroleum Act, cap. 150
Public Health Act, cap. 165
Shipping Navigation Act, cap. 190
Vaccination Act, cap. 208
Waterworks Act, cap. 213
Wild Animals Preservation Act, cap. 221
Wrecks and Salvages Act, cap. 223
Yellow Fever and Infectious Diseases (Immunization) Act, cap. 224
These Acts and many other laws from the Regional governments provided for required
environmental standards and prescribed punishments for conducts or practices falling
below these standards. They also provided for supplementary/subsidiary legislations and
instituted agencies for the enforcement and implementation of the laws. For example,
Public Health Act (19170 provided for Public Health Rules, Vaccination Act (1917)
provided for Vaccination Regulations and Water Works Act (1915) provided for Water
(Waste Prevention) Regulations, etc.
ENVIRONMENTAL LAWS AFTER INDEPENDENCE
In the post-colonial or independent era, environment protection laws received further
attention with Federal and State governments enacting more laws in this respect.
Ultimately, these laws seek to address environmental problems and questions of pollution
(noise, water, air, industrial etc), degradation and preservation of natural resources (like
land, wild life, forestry, fishery; fauna and … etc), institution of safety standards in
industrial activities, control and regulation of food, refuse disposal and structures for
maximum benefit to man and for sustainable development. The post-colonial
governments of Federal and State governments adopted most of the relevant colonial
laws at independence. However significant additions have been made to Federal laws
through amendments and enactment of other laws in the 2004 edition of the Laws of the
Federation6 (LFN) like:
Agricultural and Rural Management Training Institute Act, cap A10
Associated Gas Re-injection Act, cap A25
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Covering Federal laws in force as at December 31 st, 2002
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Bees (Import Control and Management) Act, cap B6
Cabotage Act, 2004
Civil Aviation (Fire and Security Measures) Act, cap C14Directorate of Foods,
Roads and Rural Infrastructures Act, cap D10
Endangered Species (Control of International Trade and Traffic) Act, cap E9
Energy Commission of Nigeria Act, cap E10
Environmental Impact Assessment Act, cap E12
Exclusive Economic Zone Act, cap E17
Federal Environmental and Protection Agency Act, cap F10
Federal Highways Act, cap F13
Harmful Waste (Special Criminal Provisions, etc) Act, cap H1
Hydrocarbon Oil Refineries Act, cap H5
Inland Fisheries Act, cap H10
Land Use Act, cap L5
Live Fish (Control of Importation) Act, cap L14
Minerals and Mining Act, cap M12
National Agency for Food and Drug Administration and Control Act, cap N1
National Agricultural Land Development Authority Act, cap N4
National Inland Waterways Authority Act, cap N47
National Park Service Act, cap N65
National Steel Raw Materials Exploration Agency Act, cap N77
National Water Resources Institute Act, cap N83
Niger-Delta Development Commission (Establishment, etc) Act, cap N86
Nigeria LNG Act, cap 87
Nigeria Airspace Management Agency, cap N90
Nigerian Atomic Energy Commission Act, cap N91
Nigerian Urban and Regional Planning Act, cap N138
Nuclear Safety and Radiation Protection Act, cap N142
Oil in Navigable Waters Act, cap O6
Pest Control of Produce (Special Powers) Act, cap P9
Quarantine Act, cap Q2
River Basin Development Authorities Act, cap R9
Standards Organisation of Nigeria Act, cap S9
Territorial Waters Act, cap T5
Tobacco Smoking (Control) Act, cap T6
Water Resources Act, cap W2
Similarly, some of the notable state laws which have contributed to the development of
environmental law in the post-independent Nigeria include the following, drawn from
Laws of Oyo State, 2000.
Agriculture Law, cap 7 Laws of Oyo State, 2000
Animal (Diseases) Law, cap 9
Building Lines Regulation Law, cap 20
Burials Law, cap 21
Fire Services Law, cap 49
Forestry Law, cap 50
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Land Development (Roads) Law, cap 68
Meat Law, cap 84
Mosquitoes Destruction Law, cap 91
Oyo State Agricultural Development Project Law, cap 98
Oyo State Environmental Protection Agency Law, cap 103
Property and Town Development Corporation of Oyo State Law, cap 131
Public Health Law, cap 135
Town and Country Planning Law, cap 163
Trade Cattle Law, cap 164
Trade Spirits and Injurious Spirits (Prohibition) Law, cap 165
Water Corporation of Oyo State Law, cap 168
Wild Animals Preservation Law, cap 189
Even though some of these laws are not effectively operational (either because of lack of
enforcement or absence of institutional framework for their realization), the fact remains
that they are intended to provide safe environment for the citizens.
CONTRIBUTION OF INTERNATIONAL LAW
International Law has also influenced the development of environmental law in Nigeria
considerably. Virtually all the sources of international law under Article 38 of the Statute
of International Court of Justice, ICJ, have contributed t o this. In essence, some Treaties,
International Custom, General Principles of international law, Judicial Decisions and
Writings of Publicists (the last two in subsidiary capacity) have either specifically further
provided for applicable environmental laws in Nigeria or provided a general platform for
guideline, standard or persuasive authority for the direction of development or
interpretation of the domestic laws on environment in Nigeria. Some of the relevant
international law instruments include:
Charter of the United Nations, 1945
Convention on the International Maritime Organization, 1946
European Convention for the Protection of Human Rights and Freedoms, 1950
International Convention for the Prevention of Pollution of the Sea by Oil, 1954
Statute of the International Atomic Energy Agency, 1956
Convention on Fishing and Conservation of the Living Resources of the High
Seas, 1958
Treaty on Principles Governing the Activities of States in the Exploration and Use
of Outer Space, Including the Moon and other Celestial Bodies, 1967
African Convention on the Conservation of Nature and Natural Resources, 1968
Declaration of the United Nations Conference on the Human environment
(Stockholm), 1972
Convention on International Trade in Endangered Species of Wild Fauna and
Flora, 1973
African Charter on Human and Peoples Rights, 1981
UN Convention on Law of the Sea, 1982
Convention on the Protection of the Ozone Layer, 1985
Convention on the Control of Transboundary Movements of Hazardous Wastes
and Their Disposal, 1989
Convention on Environmental Impact Assessment in a Transboundary Context,
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1991
Convention on the Ban of the Import into Africa and the Control of
Transboundary Movement and Management of Hazardous Wastes Within Africa,
1991
Declaration of the UN Conference on Environment and Development, 1992
Convention on the Protection and Use of Transboundary Watercourses and
Lakes,1992
Convention on Civil Liability for Damage Resulting from Activities Dangerous to
the Environment, 1993
Convention on Nuclear Safety, 1994
Convention to Combat Desertification, 1994
Statute of International Criminal Court, 1998
Convention on the Protection of the Environment through Criminal Law, 1998
Convention on Persistent Organic Pollutants, 2001
Some of these treaties have been domesticated or adopted by Nigeria and are therefore
applicable to Nigeria positively. For the many which have not been so domesticated or
adopted, they are only of persuasive relevance. However experience has shown that
nations are not always disposed to carrying out their domestic activities in such manners
as are likely to undermine or sabotage the aim of such universal treaties simply because
such nation has not domesticated or adopted it.
ROLE OF JUDICIAL PRECEDENTS
Another important source of environmental law in Nigeria is judicial precedent laid down
by the various courts of record in Nigeria. These apply with binding force in a structured
order following the hierarchy of the courts. In addition, decisions of courts from outside
jurisdictions, particularly common law countries, international courts (like the ICJ,
ECHR) and arbitrations equally exert persuasive influence on interpretation of Nigerian
laws on environment. Accordingly important environmental law questions were raised in
the following cases and the decisions had considerable influence on the development of
environmental law in Nigeria.
Ademola v. Zik Press dealt with the nuisance of noise pollution
Makwe v. Nwukor (2001) 89 LRCN 2381where the principles governing
negligence were reemphasised
Donoghue v. Stevenson (1932) AC 562 established the tripod requirements for proof
of negligence in manufacturer’s liability namely duty, breach and a resulting damage
SPDC V. HRH Tiebo G.B.A. VII (1996) 4 NWLR (pt445) 657 – claim for
compensation under statutory environmental laws impose strict liability, otherwise
numerous defences required under the rule in Rylands v. Fletcher can be resorted to by
the defendant.
Olaye v. NAOC Ltd (1973) 2 RSLR 96 where the court emphasized that the claim
against oil companies should be by way of compensation and not damages, especially
where unlawfulness is not alleged.
SPDC v. Maxon (2001) FWLR (pt 47) 1030, which also involved claim against
oil company for oil pollution
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SPDC v. Abel Isaiah (2001) FWLR (pt 56) 608, where negligence was pleaded
instead of compensation under the relevant statutes, and the Supreme Court held that the
applicable laws were the Petroleum Act and Oil Pipelines Act.
SPDC v. F.B. Farah (1995) 3 NWLR (pt 382) 148. In this case, there was oil well
blow out which polluted about 607 hectares of land. The top soil was heavily
contaminated and effort was made by the appellant to rehabilitate the land, which it later
abandoned. Only N44, 000.00 was paid as compensation to the land owning families
within the area. The respondents were paid only N2000.00 for their crops and economic
trees as compensation, but no compensation was paid for the heavily contaminated top
soil covering 13.245 hectares. They went to court and were awarded N4, 621,307.00 by
the trial Judge, which was affirmed by the court of appeal. The case particularly
established relevant issues when considering compensation in cases of oil pollution of
land, namely: Fair and adequate compensation; Disturbance; Reinstatement; Injurious
affection; General inconvenience; Time of valuation; and Methods of valuation.
Amachree v. Kalio (1913) 2 NLR 108 established the principle that as a matter of
public policy, rivarine communities cannot stop adjoining communities from using rivers
or body of waters interlinking them
Attorney General v. Holt (1910 -15) 2 NLR 1 established that adjoining creeks
and lands reclaimed from coastal waters or lagoons belong to government.
Rylands v. Fletcher established strict liability of persons engaged in dangerous
operations, of which mineral exploitation has constantly been regarded as one
SPDC v. Ofovwe Unreported – Appeal No. CA/B/80/89 of 27/4/90 where a
veterinary consultant showed the effect of pollution on the ecosystem especially pigs and
poultry which died after drinking of the water polluted by petroleum products.
A. G. (Lagos) v. A.G. (Fed) & 35 Ors (2003) 9 SCM 1 established that in
Nigerian Federal arrangement, States are responsible for town planning activities as it
falls within Residual List of legislative competence in the 1999 Constitution, although
under section 20 of the same Constitution the Federal government is competence to
legislate on broad guidelines for environmental protection.
Added to these decisions operative at domestic law are numerous international law and
persuasive foreign jurisdiction cases including
Corfu Channel (United Kingdom v. Albania) case, ICJ Rep. (1941) 1, a State is
responsible State where its territorial waters is used for land mines which cause damage
to property of another State;
Minquiers and Ecrehos (France v. United Kingdom) case ICJ Rep. (19533), 47
Antarctica (UK v. Argentina; UK v. Chile) case,
Temple of Preah Viihear (Cambodia v. Thailand) case, ICJ Rep. (1962), 6
North Sea Continental Shelf (Germany v. Denmark; Germany v. Netherlands)
case, ICJ Rep. (1969), 3
Fisheries Jurisdiction (UK v. Iceland; Germany v. Iceland) case, ICJ Rep. (1974),
3
Fisheries (UK v. Norway) Case, ICJ Rep. (1951), 191
Nuclear Tests (Australia v. France; New Zealand v. France) case, ICJ Rep.
(1973), 99 (Interim Measures)
Advisory Opinion on the Legality of the Use by a State of Nuclear Weapons in
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Armed Conflict ICJ Reps. (1996), 66
Restrictions on Imports of Tuna, GATT, 30 ILM (1991)1598 (Tuna-Dolphin case)
Standards for Reformulated and Conventional Gasoline, WTO Appellate Body,
WT/DS2/AB/R (1996) 35
River Order Case, PCIJ, Ser. A, No. 23 (1929)
Trail Smelter Arbitration, 33 AJIL (1939)182 “No State has the right to use or
permit the use of its territory in such a manner as to cause injury by fumes in or to the
territory of another
Lac Lanoux Arbitration, (Spain v. France) 24 ILR (1957), 101 – A State wishing
to do that which will affect an international watercourse (passing through its territory)
cannot decide whether another state’s interests will be affected; the other state is the sole
judge of that and has the right to information on the proposal
CONCLUSION
Even though environmental law is relatively a new arrival in academic discipline, the
principles have nevertheless been practised from pre-colonial times. It has changed from
mere customs and usages to acquire sophisticated features of modern-day positive
legislations. International law and judicial precedents have equally contributed to the
development of environmental law in Nigeria.
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