An Appraisal Of The Legal Implication Of The Land And Water Pollution

 TABLE OF CONTENTS

COVER PAGE

TITLE PAGE

APPROVAL PAGE

DEDICATION

ACKNOWLEDGEMENT

ABSTRACT

CHAPTER ONE

INTRODUCTION

• BACKGROUND TO THE STUDY
• STATEMENT OF THE PROBLEM
• AIM AND OBJECTIVES OF THE STUDY
• SCOPE AND LIMITATION OF THE STUDY
• SIGNIFICANCE OF THE STUDY
• RESEARCH METHODOLOGY

CHAPTER TWO

LITERATURE REVIEW

• CONCEPTUAL, THEORETICAL FRAMEWORKS AND LITERATURE REVIEW
• REVIEW OF THE STUDY
• DEFINITION OF POLLUTION
• LEGALREGIMEFORENVIRONMENTALPOLLUTION

2.3.1 CompensationinNigeria

2.3.2 TheConstitution

2.4      WATER POLLUTION

2.5      LAND POLLUTION

CHAPTER THREE

3.1 OVERVIEWOFTHEPRESENTSTATEOFFISHERIESINNIGERIA

3.1.1  Hydrographicresources

3.1.2  PresentstateoffisheriesinNigeria

3.1.2  Harmfulfishingpractices

3.2            NIGERIANPOLICIES,LEGALANDINSTITUTIONALFRAMEWORKONENVIRONMENTALPOLLUTION

3.2.1  EstablishmentofFederalEnvironmentalProtectionAgency(FEPA)

3.2.2  Constraintstoimplementationofthepolicies

3.2 THE RATIONALE BEHIND IMMUNITY CLAUSE AND ITS INCLUSION IN THE CONSTITUTION

CHAPTER FOUR

4.1      NIGERIALEGISLATIONSANDINSTITUTIONONMARITIMEINDUSTRY

4.1.1  MaritimeEnvironmental

4.1.2  TheConceptofJurisdictionAffectingMaritimePollutionandActivities

4.2      THELEGALREGIMEONMARITIMEINSTITUTIONANDLEGISLATION

4.3                     THEENFORCEMENTOFMARITIMELAWSANDREGULATIONS

4.4      PROPOSEDSTRATEGIESFORSOUNDMANAGEMENTANDCONSERVATION OF NIGERIAN AQUATIC HABITATS ANDENVIRONMENTS

CHAPTER FIVE

• CONCLUSION AND RECOMMENDATIONS
  • CONCLUSION
  • RECOMMENDATION

LIST OF CASES

American case of Boomer v. Atlantic Cement Co.

Pakistani case ofShela Zia v. Water and PowerDevelopment Authority

Indian case of Indian Council of Enviro – Legal Action v. Union of India

Rule in Rylands v. Fletcher

case of Amos v. Shell – BP Nig. Ltd

Adeniran v. Interland Transport Ltd

Makwe v. Nwukor

caseof Donoghuev.Stevenson

caseofRyland v Fletcher

Rule in Ryland v. Fletcher

Rule in Ryland v. Fletcher

SPDC (Nig.) Ltd v. Edamkue

LIST OF STATUTES

NESREA Act in Section 37

European Community Council Directive of 1996

The English Environmental Protection Act of 1990

Section20 [1]of the Constitution

Act 1978

Section267of the 1979Constitution

section 4 of the Police Act

Section 308 1(a-c), 2 and 3 of the 1999 Constitution

CHAPTER ONE

1.0                                               GENERAL INTRODUCTION

1.1 BACKGROUND OF STUDY

Pollution, also known as environmental pollution, is the addition of any material (solid, liquid, or gas) or energy (such as heat, sound, or radioactivity) to the environment at a rate that is greater than its capacity for dispersion, dilution, decomposition, recycling, or storage in some innocuous form. Air pollution, water pollution, and land pollution are the three main types of pollution, which are typically categorized by environment. The specific forms of pollutants that modern society is concerned about are plastic, light, and noise pollution. All types of pollution can harm the environment and wildlife, and they frequently have an adverse influence on people’s health and wellbeing[2]. Although natural occurrences like forest fires and active volcanoes can result in environmental pollution, the word pollution typically suggests that the contaminants have an anthropogenic source—that is, a source produced by human activity. Ever since the first time that large group of people gathered and stayed for a long time in one location, pollution has been a part of humankind. Indeed, the remains of ancient human communities, such as shell mounds and rubble piles, are often used to identify them. As long as there was enough room for each person or group, pollution was not a major issue. However, pollution became a problem with the creation of permanent settlements by a large number of people, and it has remained a concern ever since.

The constantly increasing pollution of the environment has been one of the greatest concerns for science and the general public in the last few decades. Land and water pollutants represent two major categories of environmental pollution[3]. Land and water polluting substances are often due to man-made wastes such as household garbage, manufacturing and agricultural wastes, fertilizers used by farmers, oil spills, and radioactive materials[4]. Body of water pollution can include rivers, lakes and oceans and it could endanger marine plants and animals. Polluted land and water represent a serious threat to humans since they can cause acute toxicity, mutagenesis, carcinogenesis, and teratogenesis for humans and other organisms[5]. Water pollution can contribute to soil pollution and vice versa[6].

Interestingly and despite governmental legislations, environmental chemicals cross the borders of several countries through business trades of materials, food, and water, exposing humans and animals to them through ingestion, inhalation, and even skin[7]. Some environmental chemicals can disrupt adipogenesis and energy balance thus inducing obesity; additionally, they can alter insulin effect, thus increasing the susceptibility for type 2 diabetes mellitus and cardiovascular system problems[8]. These environmental chemicals now became a major public health concern given that exposure to them, particularly during the sensitive windows of human reproduction, could cause adverse reproductive outcomes (both structural and functional), especially that some have endocrine-disrupting properties[9]. These chemicals can alter multiple physiologic processes and, in case of endocrine disruptors, can interfere with many facets of hormone activity, and their actions depend on the time of exposure as well as the dose and duration of exposure[10].

Ancient cities were frequently filthy, filled with trash and human waste. When coal was utilized as fuel starting around 1000 CE, it significantly increased air pollution, and when coal was converted to coke for iron smelting starting in the 17th century, it made matters worse. Unhygienic urban environments encouraged the outbreak of epidemics of diseases that decimated populations in Europe from the middle Ages through the early Modern era, from the plague to cholera and typhoid fever. Water and air pollution, as well as the buildup of solid waste, were major issues in crowded urban centers during the 19th century. Pollution, however, became a global issue as a result of the rapid expansion of industrialization and the tremendous rise in human population[11].

This lengthy essay will exclusively discuss the causes of the impacts of land and water pollution on the environment.

The primary concept of land pollution is the deterioration and contamination of the land as a result of human activity, both direct and indirect. The pollution alters the landscape, causing things like soil erosion. While some of the modifications are permanent, others are not.

The repercussions of land pollution don’t always show up right away. It is the end result of sustained damage brought on by human activity. For instance, it may take months or even years before the entire extent of the chemical harm caused by an oil spill is understood.

Permanent changes to the land may occur if action is not taken to lower pollution levels today. Land People, animals, and the environment are all negatively impacted by land contamination. Contamination causes minor environmental changes, but the issue is far more serious than it first appears to be. Although the majority of people are generally aware of pollution, they might not be aware of the significance of land contamination[12].

Water pollution occurs when unfavorable substances—often chemicals or microorganisms—contaminate a stream, river, lake, ocean, aquifer, or other body of water, their quality deteriorates and they become poisonous to both people and the environment. Our health is in danger due to the pervasive issue of water pollution. Each year, unsafe water claims more lives than war and all other types of violence combined. Our sources of drinkable water are limited, however: Only 1% of the freshwater on earth is really reachable by humans. By 2050, when the world’s demand for freshwater is anticipated to be one-third higher than it is currently, if nothing is done, the problems will only get worse.

Today’s world is experiencing an increase in pollution. Chemicals and garbage are the two main sources of pollution in our ocean. Chemical contamination, often known as nutrient pollution, is problematic for the environment, human health, and the economy. This kind of pollution happens when human activities, particularly the application of fertilizer on farms, cause chemical runoff into waterways that eventually empty into the ocean. Algal blooms are encouraged by the elevated levels of chemicals in the coastal water, such as nitrogen and phosphorus, which can be hazardous to wildlife and dangerous to humans. Algal blooms have a severe impact on the ecosystem and human health, which hurts the local fishing and tourism sectors[13].

This paper examines the meaning of pollution, the legal implication of the land and water pollutionand human rights. Essentially, thepaper appraises the legal remediesthe Constitution of theFederal Republic of Nigeria, 1999(The Constitution), Nigerian statutes and common law principles have put in place to remedy,even if palliative, the damage done to the victim of environmental pollution.

1.2 STATEMENT OF PROBLEM

Land contamination has an effect on more than only the environment and animals. The bad things that happen to people can also affect their health and quality of life.

Birth deformities, the emergence of lung problems, skin conditions, and cancer are a few possible effects. The majority of illnesses start to manifest after being exposed to contaminants from contaminated soil and water. Developmental deficiencies in children have also been associated with land contamination. Even at very low exposure levels, chemicals like lead that are frequently found in contaminated soil and water can have an effect on a child’s cognitive development.

Water pollution is a major problem affecting the ocean and the rest of the Earth, too. Pollution directly affects ocean organisms, and indirectly affects human health and other resources. Oil spills and dumping of toxic wastes and other harmful materials into the sea are all major sources of pollution in the ocean[14].

Marine pollution is an issue that has been of global concern for the past several decades fearing that it will, most probably, continue to be so for several decades more, the international community has formulated rules and regulations and concluded a number of international conventions that comprehensively address the protection and preservation of the marine environment.

Sometimes, polluted water harms people indirectly. They get sick because the fish that live in polluted water are unsafe to eat. They have too many pollutants in their flesh.

Human activity also contributes to water pollution. Chemicals and oils from factories are sometimes dumped or seep into waterways. These chemicals are called runoff. Chemicals in runoff can create a toxic environment for aquatic life. Runoff can also help create a fertile environment for cyanobacteria, also called blue-green algae. Cyanobacteria reproduce rapidly, creating a harmful algal bloom (HAB)[15]. Harmful algal blooms prevent organisms such as plants and fish from living in the ocean. They are associated with “dead zones” in the world’s lakes and rivers, places where little life exists below surface water.

Mining and drilling can also contribute to water pollution. Acid mine drainage (AMD) is a major contributor to pollution of rivers and streams near coal mines. Acid helps miners remove coal from the surrounding rocks. The acid is washed into streams and rivers, where it reacts with rocks and sand. It releases chemical sulfur from the rocks and sand, creating a river rich in sulfuric acid. Sulfuric acid is toxic to plants, fish, and other aquatic organisms. Sulfuric acid is also toxic to people, making rivers polluted by AMD dangerous sources of water for drinking and hygiene[16].

1.4                              RESEARCH AIM AND OBJECTIVES

The main aim of the study is to assess the legal implication of the land and water pollution. The objectives of the study are:

1. To examine the effect and causes of land and water pollution.
2. To examine how non sustainable fishing methods affect marine life.

• To examine the challenges facing the legal framework for pollution.

1. To study how land and water pollution affect human
2. To determine challenges facing the legal framework for pollution
   • RESEARCH QUESTIONS

The research will be undertaken with the objectives of answering the following questions:

1. What are the effect and causes of land and water pollution?
2. How does non-sustainable fishing methods affect marine life?
3. What are the challenges facing the legal framework for pollution.

• How does land and water pollution affect human
• What are challenges facing the legal framework for pollution

1.5 SCOPE AND LIMITATION

This project’s scope and limitations are to examine the legal implications of land and water pollution and non-sustainable fishing practices’ effects on marine life, as well as to discuss the consequences and solutions to water and land pollution, as well as the opinion and perspective of the international framework on this topic, which is the specific subject area of concentration or information that might have helped this work more efficiently is due to a funding constraint.

1.6 SIGNIFICANCE OF THE STUDY

This research will be a vital mechanism and a source of helpful information for everyone as land and water pollution increase. Both citizens and those who pollute the environment will find it to be a beneficial tool. Additionally, it serves as a prompt for the government to focus on the negative effects of pollution.

1.7 RESEARCH METHODOLOGY

This research adopts doctrinal legal research methodology; data will be collected from both primary and secondary sources, domestic and international laws, and other vital legislations. Secondary sources are the articles on the internet, journals and newspaper. Data from all the sources subjected to data analysis.

[1]Thisisaninnovativesectionunderthe1999ConstitutionaspreviousConstitutionsinNigeriadidnothavesimilarprovisions.

[2]WHO.Air Pollution.WHO. Available online at: http://www.who.int/airpollution/en/ (accessed October 5, 2019).

[3]WHO.Air Pollution.WHO. Available online at: http://www.who.int/airpollution/en/ (accessed October 5, 2019).

[4]Moores FC. Climate change and air pollution: exploring the synergies and potential for mitigation in industrializing countries. Sustainability.(2019) 1:43–54.

[5] Marlon JR, Bloodhart B, Ballew MT, Rolfe-Redding J, Roser-Renouf C, Leiserowitz A, et al. (2019). How hope and doubt affect climate change mobilization. Front. Commun. 4:20.

[6]

[7]Hashim D, Boffetta P. Occupational and environmental exposures and cancers in developing countries. Ann Glob Health.(2014) 80:393–411.

[8]Hou Q, An XQ, Wang Y, Guo JP. An evaluation of resident exposure to respirable particulate matter and health economic loss in Beijing during Beijing 2008 Olympic Games.Sci Total Environ. (2010) 408:4026–32.

[9]Kan H, Chen R, Tong S. Ambient air pollution, climate change, and population health in China.Environ Int. (2012) 42:10–9.

[10]Guo Y, Zeng H, Zheng R, Li S, Pereira G, Liu Q, et al.The burden of lung cancer mortality attributable to fine particles in China.Total Environ Sci. (2017) 579:1460–6. doi: 10.1016/j.scitotenv.2016

[11]https://www.britannica.com/story/different-types-of-pollution accessed on the 9th of April 2023

[12]https://www.conservationinstitute.org/land-pollution/ accessed on the 9^th of April 2023

[13]https://education.nationalgeographic.org/resource/marine-pollution/ accessed on the 10^th of April 2023

[14]Guo Y, Zeng H, Zheng R, Li S, Pereira G, Liu Q, et al.The burden of lung cancer mortality attributable to fine particles in China.Total Environ Sci. (2017) 579:1460–6. doi: 10.1016/j.scitotenv.2016

[15]Hashim D, Boffetta P. Occupational and environmental exposures and cancers in developing countries. Ann Glob Health.(2014) 80:393–411.

[16] Marlon JR, Bloodhart B, Ballew MT, Rolfe-Redding J, Roser-Renouf C, Leiserowitz A, et al. (2019). How hope and doubt affect climate change mobilization.

CHAPTER FIVE

CONCLUSION AND RECOMMENDATION

5.1                                                              CONCLUSION

In this paper, we have examined the right of Nigerians to claim compensation for environmentalpollution. In doing so, we have explored the constitutional and statutory provisions as well ascommonlawprincipleswhichwouldbeofhelptovictimsofenvironmentalpollution,intheirbidtoseekcompensationfromenvironmentalpolluters.Wehaveequallymadesomerecommendationsasregards theissuediscussed.

Itisincreasinglynecessary,firsttomonitorthestateoftheaquaticecosystem,andthentomanagehumaninterventions (including those by fishers) within thatecosystem.Only within such a framework will it bepossible for capture fisheries to continue to be a sourceof food and income for future generations. Pollutionof inland waters in Africa, in contrast to the situationinmostdevelopedcountries,isoftentheresultofpoverty, socio-economic underdevelopment and lackof planning, and in comparison with temperate regions,therearerelativelyfewstudiesconcerningcontaminationofAfricaninlandwaters.

Theresearchalso examinedtheimpactsoflegalandinstitutionalframeworksineffectivelyregulatingthemaritimeenvironmentanditconsiderstheinternational,regional and National oil and gas Treaties and Convention as they apply in the Nigeriancoastalenvironment.Thepapersuggestedsomereformsasfollows:thatGovernment should amend the Petroleum, Act 1969 and other related Act in order to strengthenmarinepollution control laws.

It is observed that the regulatory institutions are faced with too many challengesranging from poor enforcement procedure of its environmental laws and policies bymultinationalCorporationandthisisduetotheweaknessofnationallegislation.Theissue of poor funding by government of various institutions and authorities is a setback tosolving the challenges facing the maritime environment as well as oppressive tax regime.

5.2      RECOMMENDATION

Further to the foregoing, we recommend a Constitution amendment process wherein the right toliveinacleanandhealthyenvironmentcanexpresslybeprovidedfor.Inthiswise,theprovisions of Section 20 of the Constitution should be moved from Chapter II to Chapter IV ofthe Constitution, thus clothing the right to a clean environment with the garment of justiciability.This will be in keeping with the protection of fundamental right to a clean environment aspractised in other Jurisdictions, such as Uganda⁸³ and Spain whose Constitution does not onlyprovide for right to environment but also a duty on citizens to preserve the environment.Second, we urge the Nigerian Courts to be liberal– minded in their interpretation of Section 33of the Constitution which confers right to life on citizens. They should follow their counter –parts in India and Pakistan by stretching the right to include right to live in a clean and healthyenvironment. Third, we recommend that the issues of locus standiand strict proof which arealways associated with the torts of nuisance and negligence should be relaxed in environmentalpollution litigation. Once there is a glaring evidence of pollution and the victim has been able totrace it to the Defendant, the Court should be minded to awarding compensation instead ofallowing justice to be defeated through technicalities or requirement for scientific evidence.

Fourth, mass enlightenment programmes should be organized for the residents of environmentalpollution – prone areas wherein they would be sensitised on their right to a clean and healthyenvironment,underlocalstatutes,internationalinstrumentsandcommonlaw.Lastly,therelevantGovernmentAgenciesshouldputtheOilMulti–Nationalsandotherpollution–breeding companies on their toes vis – a – vis compliance with environmental protection laws.Thiswouldprevent, oratleastminimise, incidentsofenvironmentalpollutionin Nigeria.

Thus, Compensation by the polluters should be seenmore than a reward of damage caused as a result of environmental offences. Further, werecommendthatregulatoryagenciesshouldcollaborationandsynergiseforaresultorientedenforcement outcome.

Nigeria’s aquatic ecosystems are currently underthreat of localized or widespread physical, organic,andbiologicalpollution.Mostofthefreshwaterecosystem in the country is subject to various pressures from human activity and, like most developingcountries, Nigeria lacks funds for sustained researchand routine monitoring of inland waters for pollutionand pollutants.With the expected increase in urbanization and socio-economic activities around tropicalinland waters, there is a need for increased under-standing of inputs, distribution, and fate of contaminants.

Special care should betaken to keep fish habitats clean because fish are particularly sensitive to water pollution.They are alsovulnerable to variations in water levels and temperature,particularlyduringspawning.

Data from industrialized countries situated in temperate ecosystems can be applied,but with caution,to tropical conditions: toxicity; persistence and accumulationratesprobablydiffer.Moreworkisthereforeneeded,tostepupenvironmentalresearch,legislation,andmonitoringandcontrolifNigeria’saquaticsystemistobesoundlymanaged.