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Olanrewaju Fagbohun, a Research Professor of Law
at the Nigerian Institute of Advanced Legal Studies, University of Lagos,
speaks on environmental agencies and enforcement of environmental laws in
Nigeria.

There are numerous laws
guiding the use of our environment in Nigeria. Do you think they are having the
necessary impact?

It is true that there are numerous laws aimed at environmental
protection in Nigeria. Regrettably, it cannot be said that they are having the
necessary impact. Nigeria spans some 924,000 square kilometres. The country is
endowed with rich environment and natural resource base. These are continually
being destroyed, degraded and desecrated. What is odd is that in terms of talk,
Nigeria has remained a key player in all global environmental initiatives. In
terms of concrete actions, however, we still have a long way to go.

Is it a case of weak
environmental laws, or weak enforcers, or both?

The problem is that there is a weak link between the law and
enforcement of the laws. There are many reasons for this, the major one is
corruption; next to this is inconsistencies in some of our laws; then, weak
capacity. Also the unrealistic nature of some of the laws, and by this I mean
when targets are ridiculously high or fines are too low. There is also the
problem of weak capacity and unnecessary conflicts between implementing
institutions. These are the serious threats, gaps and barriers to enforcement.

Do you think there is a
need to review the NESREA Act so it would be up to date with current
environmental challenges?

I would not say there is a need to review the National
Environmental Standard and Regulations Enforcement Agency (NESREA) Act, which
is the legislation that repealed the Federal Environmental Protection Agency
(FEPA) Act. Rather, I would say we should be more proactive in enforcement. Let
there be a clear signal that it is not the status of the “individual” that
would determine whether a law will or will not be enforced.

In fairness to NESREA, I must say that the agency under the able
leadership of Dr. Ngeri Benebo has been doing a lot in recent times, not only
in sensitising the populace on environmental dangers, but also in trying to
push the frontiers of effective enforcement. These efforts need to be continued
and broadened.

There are lots of
agencies saddled with environmental responsibilities, yet we still have
pollution problems. What do you think is responsible?

You are correct in saying there are too many agencies saddled
with environmental responsibilities and yet, we are having increased problems
with pollution. The problems is not so much with the different agencies,
rather, it is the failure to properly integrate, harmonise and interface their
activities.

We are all agreed that the Federal Ministry of Environment is
the primary body saddled with environmental protection, but then, you find out
that the Department of Petroleum Resources (DPR) in the case of the oil and gas
sector is saddled with the functions of environmental regulation of oil and gas
activities while NESREA (which is the Ministry’s real enforcement arm) has no
role to play. What we should have had in that kind of situation is proper
delineation of functions. Let the DPR regulate technical issues in the sector;
NESREA enforce compliance with environmental requirements; while the National
Oil Spill Detection and Response Agency (NOSDRA) takes charge of emergency
response and clean-up. They will coordinate their activities to avoid
duplication through inter-agency consultations. This synergy is unfortunately
lacking in our system and is an appropriate loophole for potential offenders to
exploit.

How would third party
involvement help in setting better environmental standards?

There are too many obstacles for the participation of Civil
Society and non-governmental organisations. There is a need for government to
realise that it cannot do it alone. There is serious lack of access to justice.
There is an urgent need for the obstacles placed in the way of third parties to
be removed.

Let us start to seriously rethink issues relating to standing,
pre-action notice and time limitation in the way they apply to environmental
issues. The philosophy and theoretical considerations underpinning these
concepts are not applicable to environmental issues.

What in your opinion do
you think is the best way to tackle environmental problems as it relates to
monitoring and enforcement?

The best way to tackle environmental crisis of monitoring and
enforcement is for the system to be structured in such a way that all
stakeholders will be able to play their roles effectively. The citizens
(public) are there to act as a watchdog for the agencies of the Executive arm
of government and keep them on their toes. Right now, the civil society is not
able to play that role.

The judiciary is also largely bound to rules and concepts that
do not allow them the freedom to distinguish between environmental issues and
other issues. A number of our judges have been sensitised, but, they are still
hemmed in by old rules.

The candidate of the Peoples Democratic Party in the Ikorodu
Constituency II Bye-election, Olugbenga Akinwale Oshin, won the election with a
total vote of 3,438, which was 416 votes higher than the total vote of the
Action Congress of Nigeria’s candidate, Olusayo David Alagbe.

The constituency sit became vacant on November 2 when the
occupier, ACN’s Rotimi Sotomiwa died. The Independent National Electoral
Commission’s returning officer, Kenneth Obianyi, after collating all the votes
announced Mr. Oshin, whose occupation is farming, as the winner.

“Having scored the highest votes, I hereby declare Olugbenga
Akinwale Oshin as the winner of the bye-election of Ikorodu Constituency II,”
Mr. Obianyi said, after reeling out the total votes polled by each of the 14
candidates in the election.

New wave

The PDP supporters, on hearing the result, went into jubilation,
especially because it was not certain who would emerge the winner of the
election.

When counting started around 3pm, the results announced from
Igbogbo wards tipped ACN’s candidate slightly ahead of other contestants and
jubilation started from their camp. However, results from Imota, Ibeshe, and
Ijede drained every hope in the ACN’s camp and jubilation shifted to the PDP
camp. More results had the two camps using calculators and making frantic
calls.

The ACN supporters who then knew they had lost hardly bothered
to return to the INEC’s office to hear the official result.

Free, fair, but…

The election was peaceful in almost all the polling units. Only
one case of ballot box snatching was reported in Ginti Village and the result
was cancelled.

However, at Methodist Primary School and Adeboruwa Bus Stop
units which NEXT monitored, voters were induced with money by supporters
allegedly working for the PDP’s candidate. Voters who spoke to NEXT on the
condition of anonymity said each vote cast earned them N1,000.

At about 1.20pm ACN supporters alerted the security agencies
that a woman, identified as Mrs. Ogunmuyiwa, had several voters card on her. A
search by the security personnel revealed two voters’ card, one of which the
alleged said belonged to her tenant.

Mr Ogunmuyiwa was let go after voting has closed and ACN’s
lawmaker, representing Ikorodu I, Sanai Agunbiade, refused to make a case out
of it.

Ikorodu’s salvation

Kazeem Adeagbo, a PDP supporter who spoke to NEXT after the
announcement of the result, said the victory signals “Ikorodu’s salvation.”

“ACN is not popular in Ikorodu. They have no structure here and
all they do is make noise. Now, we are beginning to save ourselves and the
salvation will be completed in the next general election,” he said.

Another supporter, who identified himself as Johnson, said, “Now
Goodluck [Jonathan] will know that PDP is still very strong in Lagos.”

“We are surprised,” said Femi Maribade, an ACN’s supporter, who
attributed his party’s loss to “over confidence.” “Up till about four days ago,
there was no noise from the PDP camp and we thought we will win easily,” he
said.

Relief came to students of Abia State University (ABSU),Uturu on
Thursday as the staff unions of the school suspend their four month old strike
after signing an agreement to that effect with the state government. The
agreement also signal what could be an end to the closure of universities
across the five eastern states by protesting workers.

Chairman of the joint unions of the ABSU and its ASUU chairman,
George Chima who confirmed the suspension, said the staff have reached an
agreement with the state government to resolve other outstanding differences.

He said the unions have accepted the conditions given by the
state government, which he said were favourable to them, while the modalities
for the payment of the outstanding arrears of salaries from 2008 are being
worked out.

ABSU, along with other state owned universities in the South
East, had embarked on an indefinite strike to press for parity in salaries with
their counterparts in the federal universities following an agreement between
the federal government and the unions to pay an enhanced salary structure for
university workers.

The Chief Press Secretary to Abia State governor,Theodore A
Orji, Kingsly Emereuwa also confirmed that the agreement that led to the
suspension of the strike has been signed but he did not give details.

The last meeting between the striking staff and state officials
last month ended with Mr Orji threatening to sack the lecturers if they refused
to return to work. He said all those dissatisfied with the conditions of
service at the institutionS should quit and not continue to frustrate efforts
of his government.

Making concessions

The governor, who said federal institutions are there for
lecturers who feel they can no longer stay in ABSU, called on the school’s
staff to make concessions towards resolving the strike in the interest of the
students.

The governor said he has promised to pay 100% of the agreement
reached by the unions with effect from January next year.

As part of efforts to resolve the impasse, participants at the
meeting, including parents, students and the university management arrived at
the conclusion that the striking staff should call off the strike and accept
the state government’s offer.

They equally agreed that the new wage increase will require an
increase in fees paid by students, but it will be minimal so that the parents
can afford it.

The return to work by the staff unions will put pressure on their colleagues
in other states institutions in the East to follow suit.

Officials of the National Agency for Food and Drugs Administration
and Control (NAFDAC), yesterday in Abeokuta, the Ogun State Capital closed a
popular pharmacy over alleged sale of counterfeit drugs. Patent Medicine Stores
in the town and several adultrated drugs impounded.

The NAFDAC officials carried out the operations during an
unannounced random check on a number of pharmacies and patent medicine stores
across the state. On the spot investigations were carried out on drugs with the
use of a machine called Truscan which reveals the authenticity of tested drugs.

Drugs found to be fake were immediately withdrawn from the
shelves by the investigators, who also ordered the proprietors to report at the
NAFDAC office in Oke-Mosan, Abeokuta for further investigation to reveal
sources of such drugs.

Cracking down

At a press conference he addressed after the operations, NAFDAC’s
Director, Ports Inspection Directorate, Momodu-Segiru Momodu disclosed that in
the course of the operations, the Janiez Pharmacy Store located in Adatan area
of the town was closed down.

“Janiez Pharmacy Stores located at Adatan area has been ordered
shut, because we found a number of fake and expired drugs there. We have
equally asked the owner and the pharmacist in charge of the place to report to
our office,” Mr Momodu said.

He lamented that in spite of intensified campaign by the
authorities, some people still find pleasure in dealing in fake and adulterated
drugs.

“The agency would not fold its arm and see the unscrupulous
elements killing innocent people as a result of fake drugs,” he said.

Mr Momodu listed some of the seized drugs to include fake copies
of Fulcin, Gtrotas, Fansidar, Artesunate, Augumentin, Zinnet, Maloxine,
Ampiclox and Lonart DS, among others.

“It is sad that some of these stores even sell the drugs as if
they are groundnuts,” he said.

Officials of the drugs agency this week launched a nationwide
campaign to verify the authenticity of drugs being sold by pharmacies and
patent medicine stores.

Residents of Ayakoromo Community, Burutu Local Government Area
of Delta State have accused the military Joint Task Force (JTF) of war crimes
and looting of N500 Million from the war-ravaged community during the recent
operation of the military in the area.

In a press conference held yesterday in Warri, Delta State, the
community leaders led by the Chairman, Ayakoromo Rehabilitation Council,
Anthony Bamuza, said they would press for compensation from the Federal
Government at the appropriate time.

Mr Bamuza, who was surrounded by hundreds of displaced persons
from the community, said what was done to the people of Ayakoromo by the JTF
amounted to war crimes.

He also held that in the execution of the war, the JTF deployed
heavy artillery at the Ayakoromo people while its soldiers also cordoned off
the town and shot many to death in the search of wanted John Togo.

“JTF, in its armed attack, killed innumerable persons –
including children, women, handicaps, aged and clergy. Not satisfied with such
barbaric atrocities, JTF raped their wives, women and children in their
presence, ransacked houses, looted their monies, coral-beads, clothing apparels,

artifacts, and other valuable properties and thereafter set
their houses on blaze after securely locking their people inside their houses,”
he said. “The arson committed by JTF span through the entire Ayakoromo
Federated Communities; while the summation of monetary looting is over N500m,
which is inclusive of communal funds.”

Care for civilians

The community leader also called on the Federal Government to
end the occupation of Ayakoromo Community by the JTF.

“We wish to declare that our people in various refugee camps are
greatly suffering, malnourished and without water, toilet and sanitation,
adequate clothing, shelter and medicals,” he said. “These inadequacies have
caused out-break of epidemic and also greatly jeopardised the health of our
people; with few death reported. We therefore call for aid from the
International Community. We shall give copies of our letter to all and sundry
to enable Nigerians and the entire world ascertain the truth on this matter and
collectively rise against an institution which ought to be the defender of our
lives and territories, but regretfully and frequently undertakes its statutory
responsibilities perversely.” President Goodluck Jonathan recently called on
the JTF to ensure that civilians are protected in Ayakoromor community despite
their operations against criminal gangs in the area.

He also expressed his sympathy to the families of all those who
are currently displaced as a result of the JTF operation.

There has been widespread criticism of the JTF’s raid of camps
suspected to be harbouring John Togo, a runaway militant leader in the region,
which has led to some deaths and displacement of hundreds. Mr Togo, who has
given mixed messages about his intention to lay down his arms, was responsible
for recent attacks on oil installations in the delta.

he Acting Governor
of Delta State , Sam Obi, on Wednesday presented a budget proposal of
₦240.58 billion for the 2011 fiscal year to the State House of
Assembly.Presenting the budget titled ‘Budget of Consolidation and
Empowerment’ in Asaba, Mr Obi said the government will spend ₦117.85
billion as capital expenditure as against ₦122.73 billion for recurrent
expenditure.He explained that the 2011 budget showed a decrease of
₦91.27billion when compared with the 2010 approved budget of ₦331.86
billion.

He revealed that the decrease is as a result of the militant
activities in the Niger Delta and the declining derivation revenue
allocation to the state.He also explained that the budget is the last
budget of the present administration and that in view of the
transition, emphasis will be on the completion of ongoing projects.

He said, ‘‘we
intend in the coming year to continue to maintain a close watch on our
budget and fiscal management processes accordingly. ‘‘We will also
improve on our existing structures and explore more efficient ways of
doing government business. We shall ensure that these measures will
lead ultimately to greater fiscal discipline and prudence,” the acting
governor said.

He noted that the economic and environmental sectors are naturally
the growth-driving segments of the economy, adding that the budget
proposal will focus on economic growth of the state.These include
agriculture, manufacturing, energy, commerce and cooperatives, tourism,
finance, transport, water resources, urban and regional planning,
housing and sewage.

The Consumer
Protection Council is making plans to stop the Nigerian Electricity
Regulatory Commission and the Power Holding Company of Nigeria from
arbitrary billing of Nigerian consumers of electricity over services
not enjoyed. Its Director General, Ifeyinwa Umenyi, told journalists on
Wednesday in Abuja.

She said a survey
conducted by the council shows that it has become a tradition with the
PHCN to always bill consumers of electricity on what they referred to
as maintenance charges, as far as the consumers are connected to the
PHCN national grid.

“This maintenance
fee is irrespective of whether such consumers use electricity or not.
It also observed that neither the NERC nor the PHCN carries out any
such routine maintenance on the consumers’ meters,” she said. “Nigerian
consumers should be treated with all sense of respect, without which
services and products will not, in the first place be found in the
market place.” She said discussions are ongoing with the NERC over the
issues, as survey carried out revealed that consumers repeatedly keep
making the same complaints over the ill treatment meted on them by
officials of the PHCN.

“The meters are
collected and the consumers made to pay again, the same amount to
obtain new ones. That is where and when they are available,” she said.
“What the PHCN or NERC refers to as maintenance fees will be
eliminated, as there is no basis for such fee since no routine
maintenance is being carried by the agencies.”

No provision for charges

But a senior
official of the Power Holding Company of Nigeria, who pleaded anonymity
in a telephone chat, explained that the charge was necessary because
the technology is new and is still being tested.

Asked whether the
company has provision for a refund when meters are not maintained, he
simply said, “there is no provision for that.” Mrs Umenyi however
hinted that the enforcement functions of the council will be restricted
until the National Assembly decides to pass the council’s amendment
bill currently before it into law. She said there are hopes over the
passage of the bill in the nearest future, as it has already scaled
through second reading at the upper chambers of the National Assembly.

“By then, we will be able to carry out enforcement function at optimal level,” she said.

“I am sure it will soon commence. I have taken the pains to speak on
the bill with some law makers. I have met and they have seen reason for
quick passage of the bill.”

The prime minister
of Cote d’Ivoire presidential claimant Alassane Ouattara urged the
international community to consider using force to oust incumbent
Laurent Gbagbo saying it was the “only solution”.

Gbagbo has refused
to quit following a November 28 election that African countries and
western powers say he lost to Ouattara, in a dispute that the United
Nations says has already killed 50 people and threatens to restart a
civil war.

Speaking on French television network I-Tele, Guillaume Soro said Gbagbo had raised the military stakes leaving few options.

“Mr Gbgabo has got
the tanks out … 200 people have fallen under the bullets of Liberian
and Angolan mercenaries … the security situation is very worrying,”
Soro said.

“It is obvious the
only solution to the crisis is the use of force.” Gbagbo has shown no
sign of caving in to the pressure and late on Tuesday invited an
international committee to re-examine the results of the vote, a move
that a Ouattara spokesman dismissed as a delaying tactic.

“I ask the U.N. Security Council, European Union and ECOWAS to consider the use of force,” Soro said.

Ouattara had
rejected also on Wednesday the incumbent leader’s offer of an
international investigation into a disputed election as a political
“game”.

Laurent Gbagbo on
Tuesday invited an international committee to re-examine the results of
the presidential election of Nov. 28 to prevent a bitter power struggle
with his rival from escalating into civil war.

Gbagbo said the
committee could be headed by the African Union and also involve the
West African organisation ECOWAS, the United Nations, the United
States, the European Union, Russia and China, all of whom have
recognised Ouattara as winner.

“We’ve finished with these games,” Patrick Achi, a spokesman for Ouattara’s rival government told Reuters by phone.

International divorce

France, Germany and
Britain advised against travel to the country on Wednesday and urged
their citizens there to leave, a day after Nigeria said it evacuated
diplomatic staff from the country following an attack on its embassy.

France asked its
citizens to leave Cote d’Ivoire and the World Bank froze funding to the
West African state on Wednesday, as a violent power struggle deepened
between incumbent Laurent Gbagbo and his rival presidential claimant
Alassane Ouattara.

World Bank head
Robert Zoellick said funds for Cote d’Ivoire had been cut off, in a
move to squeeze Gbagbo financially. According to the World Bank
website, the global lender has aid commitments to Cote d’Ivoire of $842
million as of January 2010.

“They have already been frozen,” Zoellick said in Paris after a meeting with President Nicolas Sarkozy.

The European Union
and the United States have imposed sanctions on Gbagbo and members of
his inner circle in an attempt to force him to step down, and African
countries have offered him a soft landing in exile.

But Gbagbo has
shown no sign of caving in to the pressure and late on Tuesday invited
an international committee to re-examine the results of the vote, a
move that a Ouattara spokesman dismissed as a delaying tactic.

Earlier Kader
Coulibaly’s younger brother vanished when gunmen raided his sleepy
suburb in Cote d’Ivoire’s main city last week, and like hundreds of
supporters of presidential claimant Alassane Ouattara, he fears the
worst.

“It was about 6 or
7 in the evening on Saturday. He was out in a local bar near our house
when two pickup trucks of military men drove through the neighbourhood
shooting. There was panic,” he said.

Gbagbo’s camp denies that abductions or killings are taking place and accuses Ouattara’s of trying to soil their name.