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AN APPRAISAL OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR WASTE MANAGEMENT IN KANO STATE
ABSTRACT
Waste is the greatest danger facing mankind today therefore measures must be nationally and internationally taken to control disposal of such waste to save and provide a safer, sound and good environment. Due to the damaging effect of waste to both human beings and environment, legal machinery needs to be put in place to cater for the environment. Constitutionally the issue of making laws to cater for legal and institutional framework for waste management in Nigeria falls within concurrent legislative list empowering both the Federal and state governments to make laws on it. This research entitled “An Appraisal of Legal and Institutional Framework for Waste Management in Kano State has been embarked upon with sole aim of studying and analyzing the laws and institutions of Kano State and Federation on waste management with a bid to identify the problems and prospects. The research has discussed the conceptual clarification of key terms and equally provided analysis of legal framework for waste management. The work also considered institutions responsible for waste management in Kano State. So many problems associated with the institutions have been critically analyzed and the prospects thereof have elaborately highlighted. The method adopted was doctrinal i.e library-oriented. The scope of the research was largely the basic laws relating to environmental issues affecting waste management in Kano State. At the end of the work, finding in relations to waste management in Kano State have been made out. The research finally provides some recommendations in order to achieve the desired goal of a safer, sound and good environment.
KEYWORD: ANALYSIS OF LEGAL FRAMEWORK ON WASTE MANAGEMENT IN KANO STATE OF NIGERIA
| TABLE OF CONTENT | |||||||||
| Title Page- – | – | – | – | – | – | – | – | – | i |
| Declaration- | – | – | – | – | – | – | – | — | ii |
| Certification – | – | – | — | – | – | – | – | iii | |
| Dedication- – | – | – | – | – | – | – | – | – | iv |
| Acknowledgement – | – | – | – | – | – | – | – | v | |
| Abstract – – | – | – | – | – | – | – | – | – | vi |
| Table of Content – | – | – | – | – | – | – | vii | ||
CHAPTER ONE
GENERAL INTRODUCTION
| 1.1 | Introduction- | – | – | – | – | – | – | – | 1 |
| 1.2 | Statement of the Research Problems- | – | – | – | 2 | ||||
| 1.3 | Justification for the research- – | – | – | – | – | 3 | |||
| 1.4 | Aims and Objectives of the research | – | – | – | 3 | ||||
| 1.5 | Scope of the Research – | – | – | – | – | – | 4 | ||
| 1.6 | Methodology of the Research – | – | – | – | – | 4 | |||
| 1.7 | Literature Review- | – | – | – | – | – | – | 5 | |
| 1.8 | Organizational Layout— | – | – | – | – | 9 | |||
CHAPTER TWO
CONCEPTUAL CLARIFICATION OF KEY TERMS
| 2.1 | Introduction- | – | – | – | – | – | – | – | 11 |
| 2.2 | Nature and scope of the Environment- | – | – | – | 11 | ||||
| 2.3 | Nature and scope of the Environmental Law – – | – | 15 | |||||||
| 2.4 | Waste- | – | – | – | – | – | – | – | – | 18 |
| 2.5 | Waste Management- | – | – | – | – | – | – | 20 | ||
| 2.6 | Hazardous Waste/Substance- | – | – | – | – | 22 | ||||
| 2.7 | Non-Hazardous Waste/Substance- | – | – | – | 24 | |||||
| 2.8 | Waste Electronic and Electrical Equipment- | – | – | 24 | ||||||
| 2.9 | Method of Waste Management- | – | – | – | – | 25 | ||||
CHAPTER THREE
ANALYSIS OF LEGAL FRAMEWORK ON WASTE MANAGEMENT IN KANO STATE OF NIGERIA
| 3.1 | Introduction- | – | – | – | – | – | – | – | 27 |
| 3.2 | Legal Framework for the Environmental and Waste Management in | ||||||||
| Nigeria– | – | – | – | – | – | – | – | 28 | |
CHAPTER FOUR
WASTE MANAGEMENT INSTITUTIONS IN Kano STATE: AN
| OVERVIEW | ||||||||||
| 4.1 | Refuse Management and Sanitation Board- | – | 46 | |||||||
| 4.2 | Operational Framework of the Refuse Management and Sanitation | |||||||||
| Board- | – | – | – | – | – | – | – | – | 50 | |
| 4.3 | Kano State Urban Planning and Development Authority | 55 | ||||||||
CHAPTER FIVE
SUMMARY AND CONCLUSION
| 5.1 | Summary- | – | – | – | – | – | – | – | – | 60 |
| 5.2 | Findings- | – | – | – | – | – | – | – | – | 62 |
| 5.3 | Recommendations- | – | – | – | – | – | – | 65 | ||
| Bibliography | ||||||||||
CHAPTER ONE
GENERAL INTRODUCTION
1.1 Introduction
At the heart of environmental concerns for every state and nation is the problem of waste and its management. Disposal and management of waste be hazardous or non-hazardous presents serious environmental problem. The problem is due to the lack of adequate resources namely: legal, financial, technology and manpower.
An effective waste management as a means of protecting environment under environmental law needs adequate legal regime, technology and enough manpower with necessary managerial skills and training to properly handle waste, hazardous and non-hazardous in an environmentally safe and sound manner.
The modern industry has come along with it the problem of hazardous waste. Having to use raw materials to produce goods, modern industries end up with hazardous waste which could either be toxic or radioactive. Communities in urban areas, settlements in rural areas and villages, markets, commercial places, schools, houses and institutions have now become a source of waste and there is always the problem of how to manage and dispose of them without either harming the human environment or the environment of animals and plants.
Waste management is the generic expression that covers the various stages involved in the handling of waste. The collection, treatment, storage and disposal of waste are various stages of waste management. For every state law exist to provide a legal framework for the management of waste at that state. This forms the background study on the appraisal of the legal and institutional framework for waste management in Kano State.
1.2 Statement of the Research Problem.
The research seeks to examine the legal and institutional framework for waste management with particular reference to Kano State. Kano State now is facing serious problems and challenges with the issue of waste management. There is almost everywhere in the state dumps sites, land spread, water disposal and incineration and some numbers of land fillings particularly outside town and each of these have serious environmental defects/impacts.
The legal and institutional framework setup for the management of waste in the state are not enough1. The principal law enacted to regulate waste management
1.Refuse Management and Sanitation Board Law, Law No. 7 of Kano State 2003.
in the state recognized only waste to be refuse of solid nature2leaving the other kind of waste which could be liquid in nature.
Therefore, the research aims at determining efficacies and deficiencies in providing for an adequate environmental protection to the population of Kano state at large. Generally, the research is meant to study all environmental issues that affect waste management in Kano State.
1.3 Justification for the Research
The need to understand the basic laws and regulations governing environmental protection particularly as it relates to waste management in Kano state makes this research significant and justifiable. The serious danger which these waste either hazardous or non-hazardous posed to the communities in Kano State easily justifies the need to research in this area. It will also be useful to environmentalists, environmental litigants to seek redress in courts for any grievances suffered due to poor management of waste.
1.4 Aims and Objectives of the Research
The main objective of this research is to review the legal and institutional framework on waste management in Kano State with a view to bring out the shortcomings of the law in the area and make laudable recommendations that
- Ibid section 2.
will impact positive improvement in the laws enacted for the protection of the environment particularly in Kano State.
Kano state government and its population will benefit from the efforts which the researcher harnessed and presented in a coherent whole.
1.5 Scope of the Research
The scope of this research covers some of the basic laws relating to environmental issues affecting waste management particularly in Kano State. However, reference is made to national, regional and other international instruments relating to environmental protection and waste management because some of the environment laws are of Federal application. While others are derived from regional and international legal instruments.
1.6 Methodology of the Research
The research methodology adopted is doctrinal, essentially. Hence, primary and secondary sources shall be put to use. Most significantly, statutes, law reports and important gazette, information, hansards are to be consulted. Textbooks, magazines, newspapers, committee reports and journals shall also form part of the sources of the research.
1.7 Literature Review
Despite the fact that environmental law is a new concept its importance has grown tremendously, nationally and internationally. It is well established that the main aims of environmental laws are to ensure, waste management inclusive, and make safer and sound environment for either human or non-human populace.
There is no doubt that there are several literatures on the subject matter. It is also true that most of the writers on the issue of environmental pollution paid much attention on the problem of toxic waste without specifically looking at non-toxic waste and its management.
Generally, waste of any kind is inevitable due to the human and non-human activities and therefore its institutional frameworks and management is necessary in order to provide a qualitative and sound environment.
Ikoni3 explained the basic concept of waste management. He stated thus “waste management is therefore, the collection and proper handling of wastes from the point where they are generated to where they are disposed of to achieve maximum environmental safety”. The writer failed to go further to look at the legal framework in order to ensure and achieve maximum environmental
3Ikoni, U.D, An Introduction to Nigerian Environmental Law , Malthouse Press Limited, Lagos, 2010, p. 87
safety. As such, this exposition is found wanting and thus, the need for the study in the area.
Another writer Arene4 presented a gloomy picture of waste management and opined thus, “Waste management means the organized and systematic dumping and channeling of wastes through or into landfills or pathway to ensure that they are disposed of with attention to acceptable public health and environmental safeguard”. This exposition also does not touch the need to establish a legal regime in order to ensure organized and systematic channeling of waste to ensure environmental safeguard and hence, posed the need to make a research in the area.
Ilegbune5 views waste management to means the collection, keeping, treatment and disposal of waste in such a way as to render them harmless to human and animal life, the ecology and the environment generally. This exposition of the learned writer do not make any reference as to the use of legal machinery to ensure proper handling of waste and thus, the need for the study in this area.
4Arene, E.O. “Dumping of Hazardous Wastes on African Coast” in proceeding in the Dumping of Toxic Wastes in African Countries, held at NIALS, Lagos, 10th August, 1988, p. 31.
- Ilegbune, T.O. Legal Regulation of Industrial Waste Management, in: Ajomo, M.A. et. al (eds) Environmental Laws and Sustainable Development in Nigeria, Lagos, NIALS, 1994, p. 88
Another writer Okorodudu-Fubara6 when discussing the issue of industrial waste management stated thus. “industry has developed with no enforceable legislation on industrial pollution, control, textile plants, breweries, slaughtering factories, sugar refineries, pulp and paper plants and petroleum industries all discharge raw, untreated and liquid effluents into open gutters, drains, streams, channels and lagoons. This view of the writer represents an exact picture of what is obtainable at the industrial estates in Kano State. And even the available legal instrument7 created with a view to monitor waste management in the state contains a lacuna as regard to the definitions of waste, restricting the board which the law itself established when it comes to waste management in the state, and hence, the need for the study in this area.
Professor Ladan in his book titled Materials and Cases on Environmental Law8presented a picture of good environmental management but without paying too much attention as regard to the legal and institutional framework for sewage and waste management. The academic exposition is laudable but not sufficient as it relates to waste management, hence, the need for this research.
- Okorodudu-Fubara, M.T. Law of Environmental Protection: Materials and Texts, Caltop Publications (Nig.) Limited, Ibadan, 1998, p. 241.
- Refuse Management and Sanitation Board Law, Law No. 7 of Kano State 2003.
- Econet Publishing Company Limited, Zaria, Nigeria, 2004, p. 1-8.
Justine Thornton and Silas Beckwith in their book Environmental Law 2nd Edition9 while discussing the problem of waste management viewed thus “wastes require regulation simply because they are unwanted. A waste and a raw material may have equivalent hazardous properties (e.g. both may be toxic or flammable).But whilst there is an economic incentive to use raw materials efficiently and carefully, there is not the same imperative with the waste. Indeed the economic imperative is to dispose of it as cheaply and quickly as possible and without taking care to ensure that its hazardous properties do not cause harm to the environment. It is through disposal that waste can harm the environment. Harm can also arise when waste is stored, transported or treated either to reclaim useful substances within it, or to change its form so that it can be easily disposed of more easily. Regulation therefore, needs to extend more widely than to disposal practices. The above exposition of the learned authors amplified negative effects of waste disposal and emphasized the need to regulate waste management with a view of having harmless and sound environment and therefore the need to study in this area.
IKoni10while evaluating and analyzing the issue of waste management viewed thus “the issue of waste management therefore concerns with the interplay
- Sweet and Maxwell Ltd, 100 Avenue Road, London NW3, 2004, p. 176
- cit. p. 6
among generation, storage, collection and disposal of waste. This is because the volume of waste whether solid, liquid, gaseous or hazardous generated per day does not invariably measure the degree to which the environment will be polluted or degraded. It could be understood from the above exposition of the learned author that, he paid too much attention to the harmonious cooperation among the citizens/generations for effective waste management and at the same time overlooking the essential need to legal framework in order to have a good and sound environment, hence the need for this study.
Most of the literatures discussed above are not comprehensive enough to cover environmental problems as it relates to waste management. By restricting the review to the scope of the research i.e. Kano state it could be said that there is almost no comprehensive literature on the issue of waste management. This, therefore, gives more room for additional research on the subject. It is for this reason that this research is embarked upon to study the legal and institutional framework for waste management in Kano State.
1.8 Organizational layout
This work is divided into five chapters.
Chapter one deals with the background introduction of the subject matter, the problems of the research, objectives of the research, the scope of the research, methodology of the research and the literature reviews.
Chapter two deals with the conceptual clarification of the key terms, nature and the scope of the environment, nature and scope of the environmental law, nature of waste management, methods of waste management among others.
In chapter three analysis of legal framework on waste management in Nigeria and in particular Kano State will be provided.
Similarly an overview of waste management institutions in Kano state, is fully discussed in detail under chapter four.
Finally, chapter five which is the concluding chapter brings about the summary, findings and recommendations.
ANALYSIS OF LEGAL FRAMEWORK ON WASTE MANAGEMENT IN KANO STATE OF NIGERIA
