Making EIA work for Nigeria’s sustainable development

  In Nigeria however, it came into being with the promulgation of the act establishing three independent EIA System (the EIA Decree 86 (1992), the town and Country Planning Decree 88 (1992) and the Petroleum Act 1992.  But inspite of the legal basis and comprehensive guideline, evidence suggests that EIA has not yet evolved satisfactorily […]

  In Nigeria however, it came into being with the promulgation of the act establishing three independent EIA System (the EIA Decree 86 (1992), the town and Country Planning Decree 88 (1992) and the Petroleum Act 1992.  
But inspite of the legal basis and comprehensive guideline, evidence suggests that EIA has not yet evolved satisfactorily in Nigeria and this has been attributed to the fact that it is seen more as a paper work and newspaper advert rather than a deliberate strategy to bring about sustainable development.  
Today EIA has become synonymous with the Environmental and Telecommunication operations.  It is seen also as the after effects of what an investment on a particular area would have on that particular area, which is why you hear people talk about what is called Social Responsibility Act– giving back to the community what you took from them.
In the past not many were conversant with the need to conduct any type of study on anything that have severe repercussions on the safety and lives of Nigerians.  The impression was that the environment was there for eternity and not likely to be affected by human activities – especially those considered adverse.  The word Environmental Degradation was far from the lips of many.
Lots of shortcomings in meeting up with the requirements, especially in the area of acceptance, processing and approvals was therefore glaring. And so when quarry operators went into the fray joined by all categories of mining activities brutalizing the earth with all sorts of manmade machine – tractors, Excavators and what have you, the money rolled in alright, but the repercussion on the earth surface was severe.  Huge man made ponds were created leading to tragic deaths, food poisoning and pollution on scale, hardly ever seen.  The health condition of residents deteriorated.  Masts heads erected in the telecommunication sectors without the required setbacks became rampant; it was money spinning for landlords to site masts right inside their compound without fear for their lives until the storms came and then began a new chapter in the dangers inherent in that ugly practice.  
The uproar that followed from massive public cry was deafening: The government sprang into action and activated new regulations and penalties to checkmate this rising trend.  The federal government went further with the creation of the National Environmental Standards and Regulations Enforcement Agency (NESREA) and empowered it as the police of the environment.  The Nigerian Telecommunication Commission (NCC) was revitalized.
It also gave new bite to the Federal Ministry of Environment to enforce the Environmental Impact Assessment regulations on the environmental sector and made it compulsory for any company seeking to roll out new base stations and mast to first conduct the EIA and upon getting approval and the subsequent certificate, they can proceed.  These were steps taken to regulate the sector – not to act as albatross.
NESREA was to ensure that apart from the EIA, other crucial steps such as the Environmental Impact Studies (EIS), Environmental Audit Report (EAR), are all conducted before any roll out for intending and prospective Telecommunication, Quarry or Mining operators.  The Quarry sector was injected with new guidelines while the doors importers exploited to bring in hazardous products were shut down.  The Telecom sector through its supervisory Commission, the NCC, dropped the popular setback principle and made it compulsory for such to be strictly enforced.
These were steps pragmatically taken to introduce sanity in the environmental sector – to have a human face, ensure the safely of lives and properly, and ultimately preserve the environment for generations of Nigerians to come!
But this is one side of the coin.  The storm brewing now is the length of time it is taking from origination to approval to acquire an EIA Certificate.  80 per cent of investors are not happy at the three months period it takes to acquire an EIA Certificate – even when all conditions have been met noted an Ibadan based Telecommunication operator. “Three months is too long.  The relevant authorities ought to consider reducing the length of time it takes.  Could be three weeks or even one month,” he added.
But Momoh Isa, a Lagos based telecom Consultant was more direct: “EIA can be secured in weeks; nothing more; why waste 3 months,” he quarried.  Isa went on to give a lucid account of how EIA Certificates appear to slow down technological gains.  “In developed countries, you hardly see mast heads and even the bogus base stations you see now are obsolete,” he said.  He went on to urge the relevant authorities to consider the plight of would be investors.
Ahmadu Yakubu, South African based telecom expert, also advised the Federal Ministry of Environment to cut down on the 3 months period as it was retrogressive.  “You cannot allow operators with all the financial readiness to be tied down by one simple legislation that ought to have been reviewed long ago,   at least they should have some way of allowing work to go on while waiting for the certificates,” he adds.
According to a recent publication, several telecom operators who have long applied for the EIA Certificate and have the wherewithal to roll out are inevitably tied down and unable to proceed for fear of being penalized.  As a result they now fear that their investments are going down the drain for no other reason than bureaucracy.  Thus the question on the lips of observers is: is the EIA achieiving its goals?
“I think the Federal Ministry of Environment should allow companies who have applied for the EIA Certificate and met preliminary conditions to be allowed to roll pending the issuance of the EIA,” said Kola Samuel, an Abuja based environmental consultant.
 “Consideration should be given to operators who borrowed money and are working to meet set targets otherwise they face dwindling service,” he added.
Information from the EIA department revealed that some telecom operators have as much as 200 applications pending for EIA Certificates before roll out, but none has as yet materialized.  “Honestly, I wish the relevant authorities would all sit up and review this negative trend, for progress to be achieved,” said Bala Mohammed.  According to him, it is just a question of understanding and not of statute laws that can be reviewed.  Above all, Bala decried the incessant penalties heaped on defaulters without any recourse to other human technical and material considerations.
Nevertheless, NESREA and its Supervisory Ministry of Environment have gone a long way to bring back sanity in all spheres of the environment.  Through astute leadership and remarkable brinkmanship, they have shown that it is no longer business as usual; that anyone caught breeching the environmental laws no matter how highly placed cannot escape the wrath of the laws!  The 24 new regulations reeled out by NESREA is a landmark in the annals of environmental governance, so also making the EIA Certificate compulsory.  With time and the necessary adjustments needed in that sector would be the best that all parties expect!

This article was contributed by Mr George Enakale, a Lagos based environmental consultant.