National Environmental Standards and Regulations Enforcement Agency (Nigeria)

National Environmental Standards and Regulations Enforcement Agency (also known as NESREA) is an environmental agency of the Federal Government of Nigeria that was established by law in 2007 to "ensure a cleaner and healthier environment for Nigerians". The agency functions as a parastatal of the Federal Ministry of Environment and is headed by a Director General who is also the chief executive officer. NESREA has recorded several achievements in the area of environmental compliance monitoring and enforcement since its establishment, including the enactment of several regulations pertaining to environmental protection, monitoring environmental compliance and enforcement actions.

National Environmental Standards and Regulations Enforcement Agency
NESREA
Agency overview
FormedJuly 30, 2007 (2007-07-30)
JurisdictionFederal Government of Nigeria
HeadquartersAbuja, Nigeria
Motto...ensuring a cleaner and healthier environment.
Minister responsible
  • Dr. Mohammad Mahmoud
Deputy Minister responsible
  • Chief Sharon Ikeazor
Agency executive
  • Professor Aliyu Jauro, Director General/CEO
Parent departmentFederal Ministry of Environment
Websitewww.nesrea.gov.ng

History

The need for public institutions that would address environmental issues in Nigeria became apparent in the aftermath of the 1988 Koko toxic waste affair. This prompted the government of the day, led by Ibrahim Badamosi Babangida, to promulgate Decree 58 of 1988, establishing the Federal Environmental Protection Agency (FEPA) as the country's environmental watchdog.

Over the years, the functions of FEPA were streamlined into the structures of the Federal Ministry of Environment, which is the policy-making body for environmental matters in Nigeria. It however became apparent that there was a need to provide more stringent controls to address the environmental challenges of the country, notable among which were desertification, rapid deforestation, coastal and gully erosion, as well as a gamut of man-made environmental insults such as poor environmental sanitation, air pollution and electronic waste. Furthermore, the global movement towards sustainable development in the aftermath of the Millennium Summit and the World Summit on Sustainable Development, and Nigeria's leadership in regional developmental programmes such as the New Partnership for Africa's Development (NEPAD) enhanced environmental awareness among the country's decision-makers.

In 2007, in the administration of Nigerian President Umaru Musa Yar'Adua, the National Assembly of Nigeria enacted the law establishing the agency "for the protection and development of the environment, biodiversity conservation and sustainable development of Nigeria's natural resources in general and environmental technology including coordination, and liaison with, relevant stakeholders within and outside Nigeria on matters of enforcement of environmental standards, regulations, rules, laws, policies and guidelines."[1]

Organisational structure

NESREA is headed by a Director General who is also the Chief Executive Officer; the pioneer head until February 2015 was a public health specialist, Dr. Ngeri Benebo and she handed over to Dr. Lawrence Anukam, an erstwhile director of the agency[2] Prof. Aliyu Jauro was appointed as the Director General in 2019 by President Muhammadu Buhari.[3]

Activities

Environmental impact assessment

The functions of FEPA were taken up by the Federal Ministry of Environment, when that agency was incorporated into its structure. Thus, it is the Ministry that carries out environmental impact assessments (EIAs) and only the Minister is empowered to issue an environmental impact statement (EIS). With the creation of NESREA, it was saddled with the responsibility for enforcing EIAs in Nigeria. Though Nigeria runs a federal system of government, the sub-national regions (known as States) are not empowered to issue this document. This used to be a controversial issue in the country until NESREA obtained a court judgement to the effect that States were not permitted by law to conduct EIAs.[4][5]

Illegal trade in wildlife species

Nigeria is a signatory to CITES and NESREA has been the government's arm that enforces seizures and prosecution of illegal wildlife trade crimes in Nigeria. The agency has recorded a number of seizures of species and animal parts that were being transhipped through its ports and prosecuted some prominent cases, including non-nationals, some of whom were sentenced to serve prison terms.[6]

Electronic waste

NESREA (alongside other government agencies) has been responsible for the discovery of shiploads of obsolete and used electrical and electronic equipment that were about to be dumped within the country, turning them back to their ports of origin. Nigeria is currently witnessing a boom in the use of technological equipment leading to the massive production of electronic waste in urban centres. As a result, NESREA began to work in this sector to establish the application of the extended producer responsibility principle in waste management (other sectors of the economy such as the food and beverage industry are also involved). To achieve this, they set up a nationwide programme and published guidelines for the relevant industry players.[7][8][9][10]

In July 2009, NESREA hosted the International Conference on E-Waste, otherwise known as the Abuja Platform, towards addressing the problem on a wider scale.[11]

Public enlightenment

The agency is known to have commissioned a weekly TV/Radio series, "NESREA Watch", which had a cast that included popular Nigeria artists like Kiki Omeili.

Notable cases

Calabar superhighway project

One of the States set out to build a 260 km superhighway from Calabar to Katsina-Ala, both in Nigeria. However, the road was to run through one of the country's pristine rainforests. This led to an uproar from local and international environmental activists who complained that the Cross River State Government had not consulted widely before embarking on the massive project. NESREA that issued an order for construction work to stop when it became known that an EIA had not been carried out, and later still, took the Cross River State Government to court in order to stop them from continuing work until they satisfied regulatory requirements.[12]

Complaints from Environmental Health Officers

NESREA embarked on a strategic partnership with the Nigeria Police Force to strengthen their enforcement activities. This did not go down well with Environmental Health Officers, who complained that the agency ought to use their services and strengthen them, rather than allowing the Police to usurp their statutory role.[13][14]

Conflict over telecommunications sector

In 2012, NESREA, in response to a public complaint, closed down a base station belonging to one of the telecoms operators in the country. This led to a spat between them and the Nigerian Communications Commission (NCC), who argued that NESREA had no jurisdiction to regulate the telecommunications sector in the country.[15] NESREA on the other hand argued for the application of the precautionary principle when companies erect telecoms infrastructure, demanding that base stations should be sited at least 10 metres away from inhabited areas, in line with Nigerian environmental regulations, as against the 5 metres approved by the NCC's regulations.[16] Ultimately, the two agencies worked out their differences and agreed to work together.[17]

References

  1. National Environmental Standards and Regulations Enforcement Agency (Establishment), 2007. Act No. 25, 30 July 2007
  2. "Jonathan appoints Anukam as NESREA boss". The Nation. Archived from the original on 2015-12-15. Retrieved 20 May 2016.
  3. "Buhari appoints Jauro as NESREA DG". thenationonlineng.net. 25 March 2019. Archived from the original on 26 March 2019. Retrieved 6 May 2019.
  4. "Court bars states on issuance of EIA approval certificate". The Guardian. Retrieved 15 June 2016.
  5. "FG threatens to sanction state agencies issuing fake EIA certificates". News Agency of Nigeria. Retrieved 15 June 2016.
  6. "Customs arrests Chinese, Malian for 'smuggling'". The Nation. Archived from the original on 19 September 2018. Retrieved 15 June 2016.
  7. "NESREA urges compliance with EPR policy on solid waste". The Nation. Archived from the original on 19 September 2018. Retrieved 14 June 2016.
  8. "NESREA collaborates with NASS, MAN on producer responsibility programme". Leadership Newspaper. Archived from the original on 21 April 2016. Retrieved 14 June 2016.
  9. "NESREA begins product responsibility programme". The Nation. Archived from the original on 2017-11-19. Retrieved 14 June 2016.
  10. "NESREA ready to improve waste management practices". Daily Trust. Archived from the original on 17 November 2014. Retrieved 14 June 2016.
  11. "Communiqué The Abuja Platform on E-Waste" (PDF). Basel Convention. Archived (PDF) from the original on 2016-03-03. Retrieved 14 June 2016.
  12. "FG drags C' River to court over superhighway". The Punch. Archived from the original on 2016-06-04. Retrieved 1 June 2016.
  13. "NESREA, Police Collaborate To Curtail Environmental Crime". Leadership Newspaper. Archived from the original on 21 February 2016. Retrieved 14 June 2016.
  14. "Danger looms for Environmental Health Profession as NESREA Plans Extinction". EHO Africa. Retrieved 14 June 2016.
  15. "Revisiting NCC, NESREA clash over masts". The People's Daily. Retrieved 14 June 2016.
  16. Ogboru, T. "NESREA and NCC Regulations on Telecommunication Masts: Implementing the Precautionary Principle". Journal of Sustainable Development Law and Policy. 5 (1): 55–70. Archived from the original on 2016-12-17. Retrieved 14 June 2016.
  17. "Environmental safety: NESREA, NCC partner to check telecom operators". The Nation. Archived from the original on 2016-03-10. Retrieved 14 June 2016.
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