Though strictly speaking a
positivist and so subscribing to the positivist view of law as a command given
by a political superior to a subordinate and backed by sanctions (of course, I
am aware that there are problems with this definition), I am nevertheless an
equally fervent believer in Roscoe Pounds interpretation of law as a veritable
tool for social engineering. In view of that fact, it behooves not only our
legislatures every where to utilize their law making powers to help bring about
an environmentally sustainable polity, but equally too, we citizens as
potential beneficiaries of a sanitized system to participate in the process of
law making and law observance.
As often as we care to look for it
in Nigeria, remarkably we always find laws for the regulation of hitherto
apparently unregulated or legislatively unaddressed issues in the land.
Environmental protection is a case in point. The Federal environmental
Protection Agency Act no. 14 of 1999 ,earlier finding life as no.58 of1988 and
the FEDA decree no. 59 of 1992 respectively is instructive. It is an act which
establishes the agency of that name with the function of protecting and
developing the environment and bio-diversity conservation of Nigeria’s natural
resources…. (S.5 thereof). Another is the Environmental sanitation law cap E5
of Lagos state . It is styled “A law to provide for Environmental Sanitation in
Lagos State, to establish the Environmental Sanitation Corps and for connected
purposes”. In view of the discussion at hand, let us consider briefly a few
provisions of that law.
Section one of the law mandates
every owner, tenant and occupier of any building to amongst others, a) keep
clean the sidewalks and gutter area (45cm from the side walk into the street)
along the building frontage, sides and back at all times….h) not litter, sweep
out ,or throw ashes, refuse, paper, nylon, and rubbish into any street, public
place or vacant plot. The penalty for non compliance as provided by the first
schedule for the first a), is a minimum fine of N500, maximum N2,500 (side
walks), and N1,000 minimum, N2,500 maximum for failure to clean drains and gutter
area. For the second- h), a fine of between N500 and N2, 500.
Section four provides that no
pedestrian shall dispose of any scrap paper, newspaper, candy wrapper, fruit
skin and similar refuse anywhere except in litter bins. Presumably offenders of
this section are liable to the same fine as those who litter the street as
found above. Section five imposes an obligation on every commercial vehicle to
carry litter bins. I can count the number of Lagos commercial buses that I have
entered in my life’s sojourn so far that complied with this provision.
Section seven provides that no
person shall dispose of refuse or waste except through a private sector
participation operator. Although Lagos State Management Agency (LAWMA) has been
doing a highly commendable job, many people still violate this tenet on a
regular basis. What is the laws bill?-where that waste is burned, between N5,
000 to N10, 000. Section sixteen equally provides that no person shall leave
silt, earth or other materials excavated during construction or maintenance of
drains on the road roadside beyond 48 hours. The fine for non compliance with
this is N1, 000 minimum and N5, 000 maximum. People still widely flout this
regulation. There are also like provisions it should be noted for the regulation
of markets, bukkas, restaurants, hotels, carpentry and mechanic workshops, iron
mongers/workshops, construction companies, brick and tile industries and the
like.
Thus from the foregoing it can be
clearly seen that government has put into place laws geared towards the
attainment of a clean, hygienic and aesthetically pleasing environment. What is
lacking irrespective of the existence of the Environmental Sanitation Agency
Law Cap E6 is like much legislation in Nigeria, enforcement. Now although nobody
is praying for the good old Buhari styled administration of yesteryears, it is
incontrovertible that at least with respect to environmental sanitation and
enforcement, till date that administration remains an unrivalled champion.
The situation in Nigeria today with
respect to the issue of compliance reminds one of the differing approaches
taken by two European countries England and Germany with respect to tax
administration. Whereas the former leans more towards persuasion and an appeal
to the societal values of the British public, the latter is more force driven
with its emphasis on tax enforcement using the police . We could go the way of
the British and perhaps have to wait for some hundred odd years before the
average Nigerian imbibes the values germane to a clean environment, or we can
go the way of the Germans. If the last performance of these two teams in the
recently concluded world cup is anything to go by, the German option is no
doubt the better one. However this is not football and we don’t need an octopus
Paul to tell us that we will definitely end up on the losing side should we
fail to sit up to this and other like issues. I bet you other documentaries
will come that will paint our cities and institutions in a worse light.
So what do I suggest? Look, we can
have it both ways. First, our sanitation law needs to be rigorously enforced.
In fact if need be scapegoats should be made of some people to serve as a
deterrent to others. In that instance, not only will people be mindful to make
sure that they observe environmental sanitation laws individually but also
pro-active in stopping others from contravening them. This holds true
especially where not doing this could lead to they themselves being punished.
For example where they fail to stop somebody else from littering their gutter
and building areas (as provided under section one, Para. a).
Section thirty of the same law
(Lagos Sate Environmental Sanitation Law) provides for the establishment of an
Environmental sanitation corps. Whereas section thirty one to thirty five
provides variously for membership, appointment of, registration, identification
card and comprehensive register of members, it is pertinent to note that
membership needs to be opened up to other interested individuals apart from the
five persons from each registered Community Development Association; one person
from every approved market in the state; and one person from each ward in every
local government in the state as the law provides. I for one having an interest
in environmental sustainability would not mind being a “part time” member
(since it is voluntary) if such is possible.
In Lagos state where you have
roughly 33,000 officers to a population of 18,000,000 , working out to 1 police
man per 545 persons, the number of “corps” members that the law provides for
and that are on active service is inadequate. Accordingly their numbers need to
be greatly increased. (They need to be out there in the society working. People
need to feel their existence before they will/ can be respected). This may take
a toll on the resources of the state, but if that be the case, owing to
relative distrust to which the average police man is held by Nigerians, I see
no reason why either a special wing of LAWMA cannot be created to enforce this
law or provide these functions (This is particularly viable in the light of
LAWMAs 25,000 strong staff ).
Alternatively some or all members of
LAWMA can be simultaneously designated “corps” men with all the requisite
powers of that office and an increment of their salary. I say this with all
seriousness knowing full well the success of LATSMA and the fear with which
erring members of the public, particularly “danfo” bus drivers hold them.
However we cannot stop there. When a law is made, government and law making
bodies should strive to equally make obedience to that law as easy as possible.
In that wise, it is important for government to provide suitable waste disposal
baskets at convenient spots all over the metropolis so that people will not be
tempted as I have on several occasions been, to litter. In the absence of this
alternative any law to ensure compliance with sound waste disposal is not only
impractical but will ultimately fail.
Environmental sanitation
reorientation: Environmental sanitation as a way of life. Having stated the
above and having opted for the dual approach to environmental sanitation, we
must now consider the place of environmental awareness and conscientisation as
a working process towards that end. The government has indeed done much through
advertisement and the like to bring this to our people. But this is not enough.
Not only does this need to be reiterated, the messages have to be reinforced
through popular culture mediums like music (afro hip-hop for instance), films
(Nollywood) and by the corporate social responsibility drives of our businesses
who are essentially better at cooking up or at least implementing interactive
projects for it. For example I see no reason why a quarterly or bi-annual award
of best environmentally clean street, district, business premises, L.C.D.A,
local government council (for states this can be annually) cannot be initiated
through some public/private or purely private initiative.
Alongside this as part of a purely
privately organized venture, a sanitation lottery of sorts can be established.
My proposed format for this is simple. The corporate organization involved
divides each of Lagos 245 (federally recognized) wards of its 22 local
government areas into between 5-10 districts depending on size. Everybody in
the state who wishes to take part in the venture is to register online or
through text message. All and sundry is encouraged to keep their environment
clean. For those taking part in the venture they are to then send a picture
showing the efforts they have been making to make sure their district and
immediate surrounding is clean, via MMS or on line.
Thus for this purpose, although
people may work individually, they will be encouraged to work as teams.
Alternatively people need not have to send in their pictures but make sure that
their houses and immediate environment are clean. On a monthly basis inspectors
will go out to inspect and determine which 10 local government area are the
cleanest and/most improved. From these 10 another raffle is done from which 5
local government areas will be selected. Now taking each local government area
individually 5 wards are chosen by draw from each. From each of these wards,
three districts are chosen and from each of these districts, persons exhibiting
the cleanest work areas or home areas are awarded N50,000-N80,000 (depending on
sponsoring power of corporation). To encourage continuity, persons in those
districts winning prizes are eligible for the biannual draw for N1, 000,000 if
they continue to maintain the cleanliness of the environment. Please note that
inspection tours should be at any time but should not coincide with the monthly
environmental sanitation so that participants do not pass its result off as
their efforts towards the venture. Moreover note that since it is a monthly
thing and a fresh exercise springs up immediately the draws and consequent
sanitation/Keep Lagos Clean lottery winners are known, continuity in the
sanitation exercise will more or less be ensured. Again there ought to be a
television show to run concurrently with the venture, documenting each monthly
inspection, participant effort and draws. (The author can be contacted for more
details on the particulars of the venture and the problems likely to occur.)
Note however that such sanitation lottery is not meant to be indefinite. It
should serve merely as a leeway to helping people form the habit of cleanliness
and environmental pro-activity.
This said, television and money
alone though will not change people. Change and mindset reorientation is
effected through engagement. Accordingly active awareness through the
recruitment of trained young men and women to go into their communities to
disseminate this information must be considered. There must be regular
workshops to bring home the desirability of a clean environment to people and
the prime actors in that venture must be the youth. In doing this the
government should seek to bring NGOs with similar objectives on board. For all
that it is worth if there already isn’t, it may be useful to set up a national
online database of these NGOs as a tool towards their effective coordination
and for information dissemination. The ultimate aim would be to make
environmental sanitation a way of life. Next let us consider another idea. This
idea takes us back to laws avowed social engineering tenet.