National Environmental Standards and Regulations Enforcement Agency (Nigeria)

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National Environmental Standards and Regulations Enforcement Agency
NESREA
Agency overview
Formed30 July 2007 (2007-07-30)
JurisdictionFederal Government of Nigeria
HeadquartersAbuja, Nigeria
Motto...ensuring a cleaner and healthier environment.
Minister responsible
Deputy Minister responsible
Agency executive
Parent departmentFederal Ministry of Environment
Websitewww.nesrea.gov.ng

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".[1][2] The agency functions as a parastatal enterprise of the Federal Ministry of Environment, and is headed by a Director General, who is also the chief executive officer with about 483 companies in the NESREA corporate family.[3][4] Human activities that have negative effects on the environment are covered by NESREA's 33 National Environmental Regulations.[5] The agency's authority includes process and equipment monitoring, compliance with set standards, disciplining violators of set rules, conducting public investigations, and submission of proposals to the minister for review in order to maintain environmental quality.[5]

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.[6][7]

Despite the work of the agency, the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act No. 25, 2007 was amended in 2018 by the National Assembly of the Federal Republic of Nigeria to accommodate changes in the conditions of appointment of council members, and stiffer penalties for defaulters and other related matters.[8]

History

The need for public institutions in environmental issues in Nigeria became a necessity in the aftermath of the 1988 Koko toxic waste affair. This prompted the government of the time, led by former head of state Ibrahim Badamosi Babangida, to promulgate Decree 58 of 1988, establishing the Federal Environmental Protection Agency (FEPA) as the country's environmental watchdog.[9]

Over the years, the functions of the Federal Environmental Projection Agency (FEPA) have been streamlined into the structures of the Federal Ministry of Environment, which is the policy-making body for environmental matters in Nigeria.[10][6] 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 range of man-made environmental insults such as poor environmental sanitation, air pollution and electronic waste.[11] 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.[12]

The National Environmental Standards and Regulations Enforcement Agency Act, 2007 (No. 20 of 2007) established the National Environmental Standards and Regulations Enforcement Agency. It clearly states that the agency is charged with the responsibility for the protection and development of the environment in Nigeria and for related matters.[13] Through the administration of 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."[7]

NESPAM

A sub unit of NESREA in charge of permit, audit and management of the agency have roles in complying with standard environment regulations, submission of audit every 3 years, ensuring micro scale facilities submit EMP (Environment management Plan) as well as consultancy.[14][15]

Organisational Structure

There are five Directorates that make up NESREA, they include: Directorate of Administration and Finance, Directorate of Legal Services, Directorate of Planning and Policy Analysis, Directorate of Inspection and Enforcement and the Directorate of Legal Services.[5] These Directorates are 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 and she handed over to Dr. Lawrence Anukam, a former director of the agency,[16] Prof. Aliyu Jauro was appointed as the Director General in 2019 by President Muhammadu Buhari.[17]

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 of Environment 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.[18][19][6]

Illegal Trade of Wildlife Species

Nigeria is a signatory to (Convention on International Trade in Endangered Species of Wild Fauna and Flora) 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.[20][21] A lion cub was rescued from two wildlife traffickers by National Environmental Standards and Regulations Enforcement Agency some times early February, 2022. The lion cub which was put up for sale in the black market for 6 million naira, was rescued by men of the Nigeria Police force of the National Park and officials of (NESREA) that carried out the arrest of the poachers.[22][23][24] Mr. Jacob warned citizens to desist from environmental crimes as agencies continue to war against perpetrators.

The agency kick against illegal wildlife trade especially the endangered species like lion, iroko tree and mahogany.[25]

People should know that there are animals and plants that are conserved so that they don't go into extinction.[26]

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 centers. 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.[27][28][3][29]

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.[30]

Public Enlightenment

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

Tackles Waste Disposal

The National Environmental Standards and Regulations Enforcement Agency passed different policies on series of waste like the National Policy on Waste Battery Management and the National Environmental (Battery Control) Regulations.[31] Those policies make the environment more sustainable for people to inhabit.

Notable Cases

Calabar Superhighway Project

One of the States set out to build a 260 km superhighway from Calabar to Katsina-Ala, 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 then 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.[32]

Complaints from Environmental Health Officers

NESREA embarked on a strategic partnership with the Nigeria Police Force to strengthen their enforcement activities.[33][34] This did not go down well with Environmental Health Officers, who complained that the agency ought to use their services to strengthen them, rather than allowing the Police to take over their statutory role.[35][36]

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.[37] This led to a split between them and the Nigerian Communications Commission (NCC), who argued that NESREA had no jurisdiction to regulate the telecommunications sector in the country.[38][39] 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.[40] Ultimately, the two agencies worked out their differences and agreed to work together.[41]

Amendment of the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, 2007

The National Environmental Standards and Regulations Enforcement Agency (NESREA) was amended by the members of the National Assembly and signed by President Muhammadu Buhari in 2018.[42] The amendment now includes stringent penalties and fines for environmental offences such as illegal trafficking in wildlife, endangered species and poaching.[42][43]

Recruitment process

The application to work at the agency is free and form can be gotten from the portal of National Environmental Standards Regulations Enforcement Agency (NESREA).[44]

The requirements needed before obtaining the form include been a Nigerian not older than 35 years old, physically and mentally fit, must be free of criminal offenses, have bachelor's degree, Masters degree or HND in a related field, as well as been a computer literate.[45][46][47][48]

References

  1. ^ OALP (19 March 2019). "Key Amendments to the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act | The Estero". Retrieved 2 April 2022.
  2. ^ "National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, 2007 (No. 25 of 2007)". www.ecolex.org. Retrieved 2 April 2022.
  3. ^ a b "NESREA begins product responsibility programme". The Nation. 10 November 2015. Archived from the original on 19 November 2017. Retrieved 14 June 2016.
  4. ^ "Regulating environmental pollution for human safety". EnviroNews Nigeria. 8 January 2019. Retrieved 30 March 2022.
  5. ^ a b c MONSURAT, SULEIMAN (December 2019). "A Deep Dive into the Review of National Environmental Standards and Regulations Enforcement Agency (NESREA) Act". International Research Journal of Applied Sciences. 1 (4): 20.
  6. ^ a b c Kunlere, Idowu (6 December 2017). "NESREA: Nine facts about Nigeria's top environment watchdog". WasteSmart.org. Retrieved 26 February 2022.
  7. ^ a b National Environmental Standards and Regulations Enforcement Agency (Establishment), 2007. Act No. 25, 30 July 2007
  8. ^ law, nigeria (April 2019). "NATIONAL ENVIRONMENTAL STANDARD AND REGULATIONS ENFORCEMENT (ESTABLISHMENT)(AMENDMENT) ACT 2018". lawnigeria.{{cite web}}: CS1 maint: url-status (link)
  9. ^ "Federal Environmental Protection Agency Act". www.ecolex.org. Retrieved 2 April 2022.
  10. ^ "Federal Environmental Protection Agency (Amendment) Decree". www.commonlii.org. Retrieved 26 February 2022.
  11. ^ "Stakeholder Workshop on Air quality and transportation challenges in Nigeria and agenda for Clean Air Action Plan". www.cseindia.org. Retrieved 30 March 2022.
  12. ^ "Laws & Regulations | US EPA". US EPA. 31 January 2013. Retrieved 26 February 2022.
  13. ^ "National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, 2007 (No. 25 of 2007)". www.ecolex.org. Retrieved 1 March 2022.
  14. ^ "NesPAM - Home Page". nespam.nesreaportals.com. Retrieved 30 March 2022.
  15. ^ "NesPAM - Home Page". nespam.nesreaportals.com. Retrieved 30 March 2022.
  16. ^ "Jonathan appoints Anukam as NESREA boss". The Nation. 24 February 2015. Archived from the original on 15 December 2015. Retrieved 20 May 2016.
  17. ^ "Buhari appoints Jauro as NESREA DG". thenationonlineng.net. 25 March 2019. Archived from the original on 26 March 2019. Retrieved 6 May 2019.
  18. ^ "Court bars states on issuance of EIA approval certificate". The Guardian. 22 February 2015. Retrieved 15 June 2016.
  19. ^ "FG threatens to sanction state agencies issuing fake EIA certificates". News Agency of Nigeria. Retrieved 15 June 2016.[dead link]
  20. ^ "Customs arrests Chinese, Malian for 'smuggling'". The Nation. 12 May 2013. Archived from the original on 19 September 2018. Retrieved 15 June 2016.
  21. ^ "Experts call for community involvement in tackling Nigeria's illegal pangolin trade". Businessday NG. 22 February 2022. Retrieved 1 March 2022.
  22. ^ "NESREA rescues lion cub from two wildlife syndicate". Tribune Online. 11 February 2022. Retrieved 1 March 2022.
  23. ^ "Agency rescues lion cub from traffickers in Abuja". The Guardian Nigeria News - Nigeria and World News. 14 February 2022. Retrieved 1 March 2022.
  24. ^ "Lion Cub Rescued In Abuja, Suspected Traffickers Arrested". Channels Television. Retrieved 1 March 2022.
  25. ^ Orokpo, Treasure (11 February 2022). "NESREA seizes lion cub, arrests 2 illegal wildlife traders in Abuja". Idoma Voice Newspaper. Retrieved 30 March 2022.
  26. ^ "NESREA rescues lion cub from traffickers in Abuja". 10 February 2022. Retrieved 1 March 2022.
  27. ^ "NESREA urges compliance with EPR policy on solid waste". The Nation. 14 December 2015. Archived from the original on 19 September 2018. Retrieved 14 June 2016.
  28. ^ "NESREA collaborates with NASS, MAN on producer responsibility programme". Leadership Newspaper. Archived from the original on 21 April 2016. Retrieved 14 June 2016.
  29. ^ "NESREA ready to improve waste management practices". Daily Trust. Archived from the original on 17 November 2014. Retrieved 14 June 2016.
  30. ^ "Communiqué The Abuja Platform on E-Waste" (PDF). Basel Convention. Archived (PDF) from the original on 3 March 2016. Retrieved 14 June 2016.
  31. ^ "Group decries non-compliance with used battery disposal by telcos". The Sun Nigeria. 11 February 2022. Retrieved 1 March 2022.
  32. ^ "FG drags C' River to court over superhighway". The Punch. 22 April 2016. Archived from the original on 4 June 2016. Retrieved 1 June 2016.
  33. ^ "Nigeria Police to create special unit to support NESREA | Premium Times Nigeria". 20 June 2013. Retrieved 3 April 2022.
  34. ^ "NESREA partners police on combating environmental crimes". The Guardian Nigeria News - Nigeria and World News. 11 July 2016. Retrieved 3 April 2022.
  35. ^ "NESREA, Police Collaborate To Curtail Environmental Crime". Leadership Newspaper. Archived from the original on 21 February 2016. Retrieved 14 June 2016.
  36. ^ "Danger looms for Environmental Health Profession as NESREA Plans Extinction". EHO Africa. Retrieved 14 June 2016.[dead link]
  37. ^ "FRESH TROUBLE IN TELECOM SECTOR". Vanguard News. 27 August 2012. Retrieved 3 April 2022.
  38. ^ "Revisiting NCC, NESREA clash over masts". The People's Daily. Retrieved 14 June 2016.[dead link]
  39. ^ "NCC warns NESREA on usurping its responsibilities". Channels Television. Retrieved 3 April 2022.
  40. ^ 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 17 December 2016. Retrieved 14 June 2016.
  41. ^ "Environmental safety: NESREA, NCC partner to check telecom operators". The Nation. 9 March 2016. Archived from the original on 10 March 2016. Retrieved 14 June 2016.
  42. ^ a b "Government amends NESREA Act, set to tackle environmental crimes". The Guardian Nigeria News - Nigeria and World News. 19 November 2018. Retrieved 11 March 2022.
  43. ^ OALP (19 March 2019). "Key Amendments to the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act | The Estero". Retrieved 3 April 2022.
  44. ^ "NESREA Recruitment 2022/2023 Application Form Registration Portal | www.nesrea.gov.ng". NJPS.COM.NG. 4 March 2022. Retrieved 30 March 2022.
  45. ^ Editorial Staff (26 March 2022). "NESREA Recruitment 2022/2023 Application Form Portal". Top Nigerian Jobs. Retrieved 30 March 2022.
  46. ^ admin (24 March 2022). "NESREA Recruitment 2022/2023 Application Form Portal | www.nesrea.gov.ng". Recruitment Board. Retrieved 30 March 2022.
  47. ^ "NESREA Recruitment 2022 Application Form Portal - www.nesrea.gov.ng". Recruitment Beam. 5 March 2022. Retrieved 30 March 2022.
  48. ^ "NESREA Recruitment 2022/2023 Form Portal | www.nesrea.gov.ng". Bekeking. 18 January 2022. Retrieved 30 March 2022.

External links

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