ENVIRONMENTAL IMPACT ASSESSMENT

ENVIRONMENTAL IMPACT ASSESSMENT IN NIGERIA – A CONTEMPORARY NOTE

PREAMBLE

A man called Sunday Nana in 1988  agreed with an Italian named Giafranco Rafeali that a shipload of wastes could be dumped in his backyard in Koko, a small town with an unknown port in Nigeria’s Delta State. The agreement was for a fee; a token that Nana thought could change his story of poverty and make his family a force to reckon with in the village and perhaps the entire state. The obnoxious shipment arrived Nigeria and then hues and cries started – Toxic Radioactive wastes have been dumped in that sleepy town!  This dumping soon became publicized and politicized and thus a new vista was opened for environmental protection in Nigeria. This came through the enacment of laws and subsequently the Environmental Impact Assessment Law which stipulates the meaning, Scope and procedures of carrying out Environmental Impact Assessment (EIA) in Nigeria.  Prior to the EIA law, their have been some laws already in force, but first, what is EIA?  After defining and delimiting the scope of EIA, it would be interesting to know how did it come about in Nigeria, how it is carried, what it seeks to achieve and how has it fared.  These are some of the the goals this note seeks to achieve.

WHAT IS ENVIRONMENTAL IMPACT ASSESSMENT (EIA)?

“Environmental Impact” is a term used to describe the alteration of environmental conditions. It may also apply to the creation of a new set of actions, or environmental conditions which may be detrimental or beneficial to a community or ecosystem. The impact is the difference between the future environment as a result of the project or action(s) and the future environment as it would have been if allowed to envolve naturally without the action(s) or project in foucs (Ehighelua, 2007). Consequently, Environmental Impact Assessement (EIA) can be described as a systematic process carried out to identify, predict and evaluate the environmental effects of proposed actions in order to aid decision making regarding the significant environmental consequences of projects, developments and programmes. EIA involves the evaluation, prediction, and public discussion of the effects (direct and indirect) that policies, programmes and investments have on the social and national environment (Garner, 1979). It therefore seeks to identify possible environmental damage and how such damage arising from the developmental activity can be avoided or mitigated. It can be summarily concluded that EIA is an environmental management tool used to foster sustainable development.  It is fairly well established that EIA helps the stakeholders to identify the environmental, social and economic impacts of proposed development before a decision is taken on wether or not to proceed.  A petroleum multinational company in Nigeria, Shell, arguably one of the best ranked polluters and degraders of the country’s  environment claims that EIA an instrument by which it identifies and assess the potential environmental, social and health impacts of a proposed project, evaluate alternatives, and design appropriate environmental and social management plans during the life-cycle of the project.

(This note is will soon be updated)

 
EIA helps the stakeholders with the identification of the environmental, social and economic impacts of a proposed development before a decision is taken on whether or not to proceed. Particular attention is given in EIA practice to preventing, mitigating and offsetting the significant adverse effects of proposed undertakings.

The former Minister of Environment, Mrs Hadiza Ibrahim Mailafia have had reason to attribute the menace of environmental challenges confronting Nigeria to the inability of Nigerians, organisations and government at all levels to adhere to the Environmental Impact Assessment (EIA) law.

Such challenges according to the minister include persistent flooding in both northern and southern Nigeria, erosion in the east and desertification and degradation in the north.

For some time, EIA in Nigeria has been reduced to a mere A4 paper advert usually posted on the hidden part of the federal ministry of environment notice board informing Nigerians about a proposal project.

In 1992 the United Nations conference on Environment and Development, otherwise known as the “Earth Summit” of Rio de Jeneiro generated an action plan for sustainable development in the 21st century, which has become the policy instrument that drives environmental programmes in most developed countries.

Sustainable development was defined broadly as the ability of the present generation to meet its needs without compromising the potentials of the future generations to meet theirs. In fact Principle 3 of the Rio Declaration on Environment and Development provides that “The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations”.

In Nigeria, the Environmental Impact Assessment regulations came into being in 1992 and are principally contained in the EIA Act No. 86 of 1992 and administered by federal ministry of environment.

Section 3(1) of the EIA act noted that “in identifying the environmental impact assessment process under this Decree, the relevant significant environmental issues shall be identified and studied before commencing or embarking on any project or activity covered by the provisions of this Decree or covered by the Agency or likely to have serious environmental impact on the Nigerian environment.

By law it is compulsory for all projects undertaken in the country to be assessed based on the law but findings from the ministry of environment shows that it is not so. As in practice the law stands abrogated, as it can’t rightly be enforced by the regulator since its commencement.

This is due to lack of technical resources by the government regulatory body on the one hand and the considerable leverage of the operators of projects (with potential hazards) over the regulator on the other hand. Both the regulator and operators often engage in pretend game at the expense of the local communities.

A matter at a High Court, involving the federal ministry of environment and some coastal communities along the Imo River is a case in question. The federal government awarded the contract for the dredging of the river to improve vehicular access to the nation’s only aluminium smelting factory at Ikot Abasi. The affected coastal communities stiffly resisted the project on the ground that the draft EIA Report was unfavourable to the project.

Unknown to them however, the final report got the approval of the ministry and so the dredging project commenced. This represents a classic failure of consultations and so today the matter is subjudice.

In the developed countries, compliance with environmental standards is best achieved not only when government regulators enforce the law, but also with strong community pressure both on the operators and on the government agencies. In Nigeria, there are frequently less political and legal avenues for the participation of local communities and NGO’s in the administrative, political and judicial decision – making process regarding environmentally sensitive facilities.

The basic challenge confronting the federal ministry of environment remained the translation of the laudable provisions of the Act into an effective tool for managing the environment.

The challenge is crucial because Nigeria, like most developing countries, has excellent legislation on various issues, which nevertheless suffers failure at the implementation stage.

Experience especially in respect of infrastructure projects has shown that Environmental Impact Assessment is hardly undertaken prior to the approval of any project. The case of National Stadium Abuja is typical.

Dr Samuel Akintola, an environmentalist said that EIA has been reduced to paper work in Nigeria. “We are in an era where people disregard the need for an EIA before embarking on any project. We all know the law is there but the ministry do not have the capacity to enforce it, and that is why companies and government at all levels disregard it and nothing happens.”

Akintola said it was necessary to establish a commission with the responsibilities of implementing the EIA law in the country rather than domicile it the ministry where it will remain business as usual.

It has to be acknowledged that Nigeria has taken serious steps to develop effective environmental strategies by the promulgation of the EIA Decree and all the procedural guidelines but observers said there are too many regulators with similar and identical responsibilities. Harmonization and clear allocation of responsibilities has become necessary.

David Okali, former president of the Nigerian Academy of Science cited the EIA law as one of the best environmental laws in the country but regretted that its implementation left much to be desired.

So it is high time the ministry is supported for effective compliance monitoring and enforcement, so as to ensure that stiffer sanctions and penalties are prescribed and strictly adhered to. This way EIA requirement will be met and maintained. The ministry also need to as a matter of urgency establish a databank and provide baseline data to guide the implementation of the EIA law in Nigeria cannot be overemphasis as according to observers, the EIA process is in transition in Nigeria, and may take years or even decades to develop and this depends on a strong and continuous political commitment at the highest levels.

 

Environmental Impact Assessment Reports – Shell PDC

Our EIA reports stipulate how we manage the impact and benefit to the environment and society.

It is an instrument by which we identify and assess the potential environmental, social and health impacts of a proposed project, evaluate alternatives, and design appropriate environmental and social management plans during the life-cycle of the project.

 

In Nigeria, we complete Environmental, Social and Health Impact Assessments (EIAs) for all our development projects, in accordance with Nigerian Law. The aim is to reduce the environmental and social impact of our activities as much as possible and look for benefits for affected communities.

Our EIA reports stipulate how we manage the impact and benefit to the environment and society. It is an instrument by which we identify and assess the potential environmental, social and health impacts of a proposed project, evaluate alternatives, and design appropriate environmental and social management plans during the life-cycle of the project. These reports are scrutinized by the regulator as part of the approval process for the project.

This web page contains Categories 1 and 2 EIA reports that have received final regulatory approvals since 2005. By regulation, Category 1 EIAs are on public display for a minimum of 21 working days and also undergo public reviews, which are managed by the regulators, depending on the size of the project. Category 2 EIAs, on the other hand are not subjected to 21-working days public display but undergo Technical reviews managed by regulators.

See other posts on environmental impact assessment law.