Development Goals: The imperative of reforming water pollution control and waste management laws in Nigeria

Nigeria is among the group of developing countries that have adopted the Millennium Development Goals (MDGs) blueprint as a veritable vehicle for poverty eradication, economic growth and sustainable development. However, the pollution of its surface water from discharges from domestic, industrial and agricultural waste degrading the quality of fresh water available to human needs and poor environmental sanitation cast serious doubt on Nigeria’s ability to meet the United Nations’ (UN) MDGs as most of the citizen still obtain water for domestic use from natural sources. This paper examines the efficacy of the legal framework that protects water from pollution. It concludes these laws are inadequate to meet the contemporary challenges of managing water that is an essential component to meet the UN’s MDG. Consequently, it suggests that further reforms are required to revise the legal framework to tackle these present challenges.

The paper has highlighted the importance of having adequate quality and quantity of water and clean environments to meet the UN’s MDGs. Poor environmental sanitation and water pollution are major drawbacks in the bid to attain the UN’s MDGs in a country like Nigeria where most of the citizen derived water for their domestic use from natural sources. The paper examined the laws that regulate the protection of water from pollution and municipal environmental sanitation to determine the effectiveness of the legal framework in promoting the ideals of the MDGs. First, it revealed regarding water pollution that the laws are scattered in several statutes. This suggests that the protection of water resources in Nigeria has not been elevated to the expected prominence in line with international practice. Also, most of the extant laws either contain too many defences or have inadequate punishment that renders them practically ineffective. The paper also revealed that common law principles which form part of the legal framework are inadequate to combat water pollution. It is suggested thus that a comprehensive water law be designed to protect water as an important natural resource in the country. The review of laws also revealed that Nigeria favours a command and rule structure. While this may be effective in deterring polluters where the fines and punishments are stringent and effectively implemented, the paper revealed this is not the case in Nigeria. It suggests in this regards that economic incentives like corporate tax reduction for companies that adopts environmental friendly procedure in their operations be introduced to encourage companies to join the effort in promoting pollution control. The paper also revealed that administrative structures to ensure the safeguard of water quality are inefficient. Specifically, the RBDAs should be re-orientated to promote their focus on water resources management and pollution control. The significance of the role of accessible clean water as a resource in attaining the UN MDGs cannot be overemphasized and this must reflect in organs given the responsibility to ensure water standards in the country. The same goes for NESREA and NOSDRA that have been given fresh mandates that include the protection of water sources and bodies. Lastly, it is suggested that relevant authorities begin to initiate policies that recognize the role of the public in water quality control and environmental sanitation. While the right to water has not been recognized as a constitutionally enforceable right in Nigeria, efforts must be made in policy towards attaining such levels in the near future. With regards to environmental sanitation, engaging the local communities as partners in the drive to maintain a clean environment is necessary. No doubt, poverty and illiteracy play a role in the escalation of sanitation problems in Nigeria, thus public enlightenment schemes to educate such populations; particularly the urban dwellers, on the dangers inherent in dirty environments is imperative. In a nutshell, Nigeria needs to reassess its laws, regulations and administrative processes regarding the protection of water from pollution and environmental sanitation to facilitate its achieving the MDGs.