The Reality of the Niger Delta within the framework of Nigerian Environmental Laws

    

The Reality of the Niger Delta within the framework of Nigerian Environmental Laws by Eromose Ileso

Like a journey in the saddle of embracing riches, the journey to the heart of the Niger delta is one that reveals a deluge of mineral wealth yet, so much poverty. 

Facing the East west road from the Warri around about in Delta State, you are faced with a pristine road newly laid out, but not without a reminder of the relics of the militant activities that reveals copious road blocks manned by stern looking military men. 

A first time visitor to the area would have jumped high up of oh what a beautiful road. Yet as the journey moves beyond the Ughelli axis to the swampy terrain of Patani towards Sagbama, you are faced with the reality of what the Niger delta is just at face value. The soil paints a picture of Copacabana like beach sands, yet in reality it more like dancing in clay. The never ending construction to a dual carriageway on the road shows revamped bridges and construction of new ones within vast and little tributaries. 

However, the one lane that leads toward Yenagoa and Port Harcourt which is yet to be upgraded is not a path for the faint hearted. The road is so narrow; it makes the parking lot in some homes of bourgeois like a Formula One race track. 

Yet, the dancing and merry go round of Setraco's machinery continues unabated.

 Approaching Yenagoa, on the East West road, swamps of mud houses dots both sides of the road and the flooded plains that paints a grim picture of the environment.

The proposed site for the Musa Yar'adua International Airport which has been abandoned is another case of a white elephant project brewing itself in an environment with more pressing needs.    

Turning right from the East West road, and passing the city gate of Bayelsa State in Yenagoa, the welcome sign on the gate it where it mostly ends. The gate commands more beauty than the structures along the main road into Yenagoa.

The land is mushy with water all round, with so much sand filling taking place. The city of Yenagoa reeks of one without town planning. Houses and structures are muddled up together that you begin to wonder whether it is a capital city or a shantytown.

The Structures of the Nigerian Law School, The Naval Base which has what looks like a stream inside it compound as well as the many erected signs of direction pointing you to places like Government house, Otuoke, Amassoma and the likes are a few of the highlights there. 

Along Imiringi Road, just off the Tombia round about in Yenagoa, there are several wooden foot bridges linking the houses of inhabitants not far from the city centre which reveals what kind of land it is and what it would be like when it rains. Little wonder food items are expensive in Bayelsa because there is no land for farming.

The environment and people of the Niger delta are in a difficult situation in more ways than one. The environment cannot be revamped because of oil pollution, and the people cannot live a fulfilled life without a good environment.

The framework of Nigerian environmental laws which ought to stem this tide has largely been reactionary rather than proactive. 

Besides pre-colonial and received English laws, the first holistic framework on the environment in Nigeria was as a result of the toxic waste dump in Koko in 1988 which happened in the defunct Bendel State which is now in the present Delta State. 

The damage it caused to the environment prompted the then military government to enact The Harmful Wastes (Special Criminal Provisions) Decree and the Federal Environmental Protection Agency Decree, both of 1988. These laws are now Acts of the Nigerian Parliament. However, the Federal Environmental Protection Agency Act (FEPA Act) has been repealed by the NESREA Act passed in 2007 (National Environmental Standards and regulations Enforcement Agency)
Consequently, the NESREA Act has become the primary law on environmental protection while the new Agency has replaced the old Agency.

       The Agency is meant to do amongst other things, the following:
    
      

Enforce compliance with the provisions of international agreements, protocols,

conventions and treaties on the environment, including climate change,

biodiversity, conservation, desertification, forestry, oil and gas, chemicals,

hazardous waste, ozone depletion, marine and wild life, pollution, sanitation and

such other environmental agreements as may from time to time come into force;

Enforce compliance with policies, standards, legislation and guidelines on water

quality, environmental health and sanitation, including pollution abatement;

Enforce compliance with guidelines and legislations on sustainable management

of the ecosystem, biodiversity conservation and the development of the Nigeria’s

natural resources.

Sadly looking at the vast construction taking place in the Niger Delta particularly in Bayelsa State, there is no doubt that it for the benefit of the citizenry, but the likely environmental impact of these construction work have not been considered. The sand filling going on was possible as a result of the dredging of the surrounding rivers; this has it harmful effects to the natural balance of the ecosystem.

Secondly, without the necessary environmental impact assessment, the natural water beds and bodies in the delta have been altered to the extent that areas that would have naturally retained water have been destroyed. This contributed in no small measure to the devastating floods that hit vast areas of the Niger Delta in the summer of 2012.

Already, the exploitation of the oil mineral resources have caused irreparable damage to the environment in over half a century. Yet, if the relevant environmental impact assessment is not carried out with every passing construction work, the continuous damage to the environment of the Niger Delta will continue unabated thereby leaving generations unborn at the mercy of climate change, and in effect curtailing any hope of sustainable development in the Niger Delta.