by prof. m.t. okorodudu-fubara the national...

Environmental Disasters in Nigeria: Policy and Management

Prof. M.T. Okorodudu-Fubara @ the 2013 National Conference on the Environment [House of

Representatives Committee on the Environment], Transcorp Hilton Hotel, Abuja.

ENVIRONMENTAL DISASTERS IN NIGERIA: POLICY AND MANAGEMENT

By

PROF. M.T. OKORODUDU-FUBARA

@

THE NATIONAL CONFERENCE ON THE ENVIRONMENT; Theme: MANAGING OUR

ENVIRONMENT FOR A SUSTAINABLE FUTURE; Venue: TRANSCORP HILTON

HOTEL, ABUJA; Date: May 20 – 21, 2013; Under the Auspices of: THE HOUSE OF

REPRESENTATIVES COMMITTEE ON ENVIRONMENT, and Consultants, TANDICE-

B SOLUTIONS LIMITED.

INTRODUCTION

Incidents referred to as “environmental disasters” are not new on the face of the earth, but

they readily turn out to be major news to billions across the planet no sooner than they occur.

Why is this so? Part of the reason can be traced to the very definition of “disaster”… ‘a

calamitous event, especially one occurring suddenly and causing great loss of life, damage or

hardship, such as flood.’ Furthermore, that ‘disaster may be caused by negligence, bad

judgment, or the like, or by natural forces, as a hurricane or flood….the emphasis is on grief or

sorrow caused…or the destruction or irreparable loss.’1 Disasters are major news because

they often come with such inexplicable emotional force that triggers in man that innate

human desperation or determination for survival against all adversities, natural or man-

made. Therefore, man has learnt or is learning to work out perfect or near perfect disaster

response plans to confront disaster incidents at the individual, national or global level.

Environmental disaster as a subset of disasters is aptly defined as ‘a disaster to the natural

environment due to human activity’2, in an attempt to distinguish it from the category of

1 See, Webster’s College Dictionary

2 Jared M. Diamond, Collapse: How Societies Choose to Fail or Succeed, 2005




natural disaster or act of God. But we are increasingly witnessing that in many cases a grey line

separates this dual categorization. Man’s footprints/activities are impacting the earth’s natural

systems and igniting ferociously what would ordinarily be rated act of God or natural disaster.

In many instances the impact of human’s alteration of the ecosystem or industrial exploits has

led to widespread and/or long-lasting adverse consequences for the environment and humans,

animals and plants.3 A prime evidence of this which we are familiar with in Nigeria is the

continuous ecological despoliation of the Niger Delta for over five decades arising from years of

oil and gas industrial activities in that fragile ecosystem. Environmental disasters can cause

severe disruption of human life and mass migration of human and animal population.4

Environmental Emergency

Interestingly, the United Nations Environment Programme (UNEP) has introduced the concept

“environmental emergencies” defined as “sudden-onset disasters or accidents resulting from

natural, technological or human-induced factors, or a combination of these, that causes or

threatens to cause severe environmental damage as well as loss of human lives and

property.” This covers “secondary consequences from natural hazards such as earthquakes,

storms, floods, tsunamis, wild land fires, landslides and/or man-made disasters such as

industrial accidents, transport accidents, chemical spills and a multitude of other types of

emergencies.”5

The fact is both terms, ‘environmental disaster’ and ‘environmental emergency’ have

remained on the global lexicon. Some researchers are of the opinion that ‘environmental

emergency’ has emerged increasingly as a common term of usage as the link between disasters

and environment becomes better understood. It portrays more distinctly the interface between

disasters, human life and health, and the environment. An example of this is the 2012 Eleyele

Dam Tragedy in Ibadan caused by torrential rains which burst the dam, killed more than 120

people, and rendered more than 600 people homeless. An official of the Ibadan Water

Corporation refuted any suggestion that the people could have been warned because “the

overflow of the dam which caused the flood and the devastation (sic) was a natural disaster.”

However, a Commissioner in the Oyo State Cabinet had responded in connection with the same

dam tragedy that: “The major aspect of it is really related to building on waterways and

inappropriate refuse disposal.” A BBC correspondent pressed further and asked him if in fact

this is “a man-made disaster”. The Commissioner’s response was: “A natural disaster assisted

by man-made factors.” A very crisp response no doubt, as it throws into sharp focus the

emerging interface between natural disasters and regular anthropogenic environmental

3 Davis, Lee, Environmental Disasters, New York, 1998

4 End-o-the-World Scenario: Environmental Disaster (http://www.bloody-disgusting.com/news/17925)

5 UNEP?GC.22/INF/5, 13 November, 2002.




disasters. Indeed, recent natural disasters in different parts of the world have highlighted the

need for an integrated approach to assessing environmental health issues and priorities that

arise following a disaster. Environmental health response to a disaster aims to manage public

health effects caused by the event and improve disaster preparedness to respond to future

events.6 Extant policy, laws and regulations are indicative that the Nigerian government is

positively inclined towards this approach. But there is still need to match policy and law with

concrete strategic action.

EXAMPLES OFMAJOR ENVIRONMENTAL DISASTERS ABROAD/NIGERIA

(i) Amoco Cadiz oil spill, 1978: the oil tanker broke in two, releasing its entire cargo of

1.6 million barrels of oil and causing damage to the marine environment.

(ii) Bhopal disaster, 1984, India: leak of methyl isocyanate gas and other chemicals

allegedly caused by negligence and corruption, ignoring safety standards in India by

Warren Anderson, CEO of Union Carbide, a US company now a subsidiary of Dow

Chemicals. The incident resulted in more than 22,000 deaths and various genetic

diseases that will continue to be seen for generations to come among newly born.

(iii) Chernobyl disaster, 1986: The incident in Chernobyl, Ukraine, “killed at least 4,056

people and damaged almost $7 billion worth of property. Radioactive fallout from

the accident concentrated near Belarus, Ukraine and Russia and at least 350,000

people were forcibly resettled away from these areas. Following the accident, traces

of radioactive deposits unique to Chernobyl were found in nearly every country in

the northern hemisphere.”

(iv) Gulf War oil spill, 1991: Iraqi forces opened the valves of oil terminals, dumped oil

from several tankers 16 kilometers off the shore of Kuwait; and set fire to 650 oil

wells in Kuwait. Approximately 1 million tons of crude oil was unleashed on the

environment, causing considerable damage to life in the Persian Gulf. Over 20,000

seabirds were killed; severe damage to marine flora and fauna; and long-term

drastic effects on the health of the local population and biota as well as impacts on

local weather patterns.

(v) Exxon Valdez oil spill, 2002: spilled up to 267,000 to 750,000 barrels of crude oil on

the marine ecosystem. No human deaths.

6 Ben Ryan, Brad Miligan and Dr. Annie Preston-Thomas (Cairns Public Health Unit) and Geoff Wilson (Cassowary

Coast Regional Council), Environmental Health Disaster Management: A New Approach, see

http://www.em.gov.au/Publications/Australianjournalof; UCLA, 2006, Hazard Risk Assessment Instrument, Centre

for Public Health and Disasters, see http://www.cphd.ucla.edu/resources.html




(vi) Deepwater Horizon oil spill, 2010: the BP (British Petroleum) oil disaster along the

Gulf of Mexico, the explosion that ensued killed 11 men working on the platform

and injured 17 others. The gushing wellhead was capped, after it had released about

4.9 million barrels of crude oil.

(vii) Fukushima Daiichi nuclear disaster, 2011; an earthquake, tsunami, and failure of

cooling systems at Fukushima 1 Nuclear Power Plant and issues concerning other

nuclear facilities in Japan led to declaration of a nuclear emergency. This was the

first time a nuclear emergency had been declared in Japan, and 140,000 residents

within 20km of the plant were evacuated. Explosions and a fire resulted in

dangerous levels of radiation.

(viii) West, Texas Explosion, 2013: On April 17th some 35 people including 10 first

responders died in a massive explosion at a fertilizer plant in West, Texas. More than

100 people were injured, and property damage immense, and fear of intense release

of hazardous toxic gases, fumes and chemicals; and property damage worth over

$100 million.

(ix) Jesse Oil Pipeline Explosion, Nigeria, 1998: Pipeline explosion occurred in the Niger

Delta community of Jesse after scavengers ruptured the pipeline with their tools and

a blaze accidentally ignited; some others, however, said the pipeline ruptured due to

lack of maintenance and neglect with a cigarette igniting the fire. The Jesse

explosion has the negative distinction of being the most deadly explosion to have

occurred in Nigeria, with over 1,000 human deaths attributed to the blast. The fire

which started on October 18th was extinguished five days later on October 23rd with

nitrogen-rich foam by a fire fighting company from the United States.

(x) Ibadan Eleyele Dam Tragedy, 2012: Water exceeded the capacity of the dam; the

excess overflowed causing widespread flooding, devastation and fatalities.

(xi) Nigeria Great Flood of 2012: Said to be the worst flooding in 50 years; 363 people

died and over 2.1 million displaced people as of 5th November, 2012. Poor drainage

combined with illegal and unhealthy environmental habits in several Nigerian cities

makes flooding a regular occurrence after a heavy rainfall.

(xii) Arepo Pipeline Oil Explosion, 2013: 25 persons were killed as vandals burst NNPC

System 2B pipeline at Arepo village, Ogun State. This was the second time in 2013

that explosion was recorded in Arepo village. The first fire was on January 11th when

about five charred bodies were recovered from the scene by security operatives. On

August 31st, 2012 there had been a massive explosion at the area.

(xiii) Environmental Assessment of Ogoniland (UNEP), 2012: Ogoniland has a tragic

history of pollution from oil spills and oil well fires dating back to the late 1950s as

the site of oil industry operations; marked by severe contaminated land,

groundwater, surface water, sediment, vegetation air pollution, public health




impacts, industry practices and institutional issues. Oil contamination is widespread

and severely impacting many components of the environment and human life. The

UNEP study concludes that the environmental restoration of Ogoniland is possible

but may take 25 to 30 years.

ENVIRONMENTAL DISASTERS VIS-À-VIS NATIONAL POLICY ON THE ENVIRONMENT

An imminent environmental disaster, the 1988 Koko toxic waste dump in Nigeria actually

spurred the country’s first major national statute and policy on the environment in 1988 and

1989, respectively. With regards to “environmental disasters” per se, the pertinent policy thrust

of the country is largely captured by the following instruments: the National Policy on

Environment sections on the “Human Population”, cross cutting/specific issues i.e. “Disasters”;

and the functions of the National Emergency Management Agency (NEMA) under the National

Emergency Management Agency (Establishment, etc.) Act, 1999.

The National Policy on the Environment, 1999 premised on the concept of sustainable

development, affirmed that (sic) ‘the most valuable national resource is the human resource

base – the people of Nigeria. Consequently, the protection and enhancement of the health and

well-being of the people constitute a major responsibility of government. By their individual and

collective behavior, humans make significant positive or negative impact on the natural

resources and non-human environment of the country. Therefore attention must be paid to the

inter-relationships among people, resources and environment in the quest for sustainable

development.

…..Since a major objective of the national environmental policy is to encourage measures which

sustain a balance between population and environment, intersectoral cooperation, involving all

tiers of government is envisaged. This policy will, therefore, be implemented with the National

Population Policy in mind to ensure not only the survival but also the sustainable

improvement in the quality of life of Nigerians.

The strategies to be adopted include the following: …. (f) the prevention and management of

natural disasters such as flood, drought and desertification that more directly impact the lives

of the populace;”

The Jesse oil pipeline disaster revealed the underbelly of the nation’s unpreparedness to tackle

environmental disaster of such medium or monumental scale. Since Jesse, Nigeria has

witnessed environmental disasters of minor, medium and major magnitudes. What lessons

have we learnt? How well prepared and coordinated have the authorities/agencies been in




managing environmental disasters at the federal, state and local government levels? In many

instances devastation was quite catastrophic, marked by tragic loss of lives and property

damage running to billions of naira resulting from flooding, oil spills/fires, gully erosion, etc.

How well the federal, state and local authorities coordinate in response to an environmental

emergency is critical to the safety of life, property, the environment and overall sustainable

development in the country. So what disaster response structure is there in Nigeria to deal with

an environmental emergency?

NATIONAL POLICY ON ENVIRONMENTAL DISASTER MANAGEMENT IN NIGERIA

The National Policy on the Environment, 1999 is quite explicit and detailed on the issue of

“disasters”. It did not treat it as mere matters arising, rather, as the very first listed cross-

cutting issue to be addressed under Paragraph 5 on “SPECIFIC ISSUES”. It is instructive to quote

this here as follows:

“5.1 Disasters

Nigeria has had a number of emergency situations arising from disasters – natural and man-

made. The natural phenomena include tropical storms, land erosion, windstorms, floods,

drought, desertification, human diseases, coastal erosion, livestock diseases, crop pests and

diseases, wildfire, harmattan haze and landslides. Other potential hazards include earthquakes

and volcanoes. The major man-made hazards include civil strife; road, water and air traffic

accidents; and technological episodes such as oil spills, hazardous wastes dumping and

industrial accidents.

All of the above call for urgent action for the strengthening of our emergency preparedness to

reduce our peoples’ vulnerability and cushion the impact of disasters on our settlements,

economy and environment. The following strategies are required to mitigate the negative

impacts of natural and man-made disasters on the lives of the people.

A) Prepare comprehensive hazard maps and vulnerability analysis for the country by:

a. Compiling historical data of disaster occurrence.

b. Analysis of meteorological, seismological, agricultural and environmental records.

c. Employing satellite imagery and the GIS system to plot the hazard maps.

B) Establish very effective early warning systems for meteorological, geophysical,

biological, social and industrial hazards by;

a. Enhancing the meteorological services.

b. Effective monitoring of pests and disease epidemics.




c. Resuscitation of seismographic stations and the existing seismological centres.

d. Development of reliable biological indicators.

e. Building of a viable network for early warning information dissemination.

C) Develop and maintain prompt emergency response mechanism and contingency plans

by:

a. Making an inventory of all existing resources for emergency response for easy

marshalling at times of disasters.

b. Establishing a body to coordinate emergency response to reduce duplication of efforts

and enhance accountability.

c. Formulating a national emergency policy and emergency plan.

D) Mount a sustained public awareness and education programme on hazard

preparedness by:

a. Engaging military and para military forces as well as voluntary organizations in drills on

emergency response including search and rescue.

b. Preparing curriculum and integrating emergency preparedness into school.”

LEGAL STRUCTURE FOR DISASTER MANAGEMENT IN NIGERIA

The National Emergency Management Agency, (Establishment, Etc.) Act, 1999

The Act was promulgated to establish a National Emergency Management Agency (NEMA) and

a State Emergency Management Committee for each State in the federation to manage

disasters in Nigeria. It is important to clarify this point clearly that the NEMA, not the Federal

Ministry of Environment (or its Agencies, NESREA and NOSDRA), is statutorily at the helm of the

management/coordination of environmental disaster/emergency in the country. Be that as it

may the Environment Ministry and its Agencies as well as first responders including, fire

brigade, medical service personnel, law enforcement personnel,etc; are all vital in the nation’s

network for environmental disaster management.

(i) The Federal Legal Structure for Disaster Management

The Act established the National Emergency Management Agency and a Governing Council for

the management of the Agency. The Council, whose members are appointed by the President

hold office for a term of four years (subject to reappointment for a further term of four years

and no more) consist of:

(a) The Vice-President as Chairman

(b) Secretary to the Government of the Federation




(c) One representative each, not below the rank of a Director, of the following Federal

Ministries –

(i) Aviation

(ii) Foreign Affairs

(iii) Health

(iv) Internal Affairs

(v) Transport

(vi) Water Resources

(vii) Works and Housing;

One representative each of –

(i) The armed forces

(ii) Nigerian Police Force

(iii) Nigerian Red Cross Society

(iv) Voluntary organizations as may be determined from time to time; and

the Director-General of the Agency.

The Council is entrusted with general powers specified under s. 7 of the Act to manage and

superintend the affairs of the Agency. One of such powers very critical to our subject of

discourse is stated under s.7 (b) to “…make, alter and revoke rules and regulations for carrying

on the functions of the Agency.” We shall return to this point. Meanwhile it is necessary to

carefully consider the statutory functions of the Agency.

Under s. 6 (1) of the 1999 statute, NEMA is vested with the mandate to:

(a) Formulate policy on all activities relating to disaster management in Nigeria and

coordinate the plans and programmes for efficient and effective response to disasters at

national level;

(b) Coordinate and promote research activities relating to disaster management at the

national level;

(c) Monitor the state of preparedness of all organizations or agencies which may contribute

to disaster management in Nigeria;

(d) Collate data from relevant agencies so as to enhance forecasting, planning and field

operations of disaster management;

(e) Educate and inform the public on disaster prevention and control measures;

(f) Coordinate and facilitate the provision of necessary resources for search and rescue and

other types of disaster curtailment activities in response to distress call;




(g) Coordinate the activities of all voluntary organizations engaged in emergency relief

operations in any part of the Federation;

(h) Receive financial and technical aid from international organizations and non-

governmental agencies for the purpose of disaster management in Nigeria;

(i) Collect emergency relief supply from local and foreign sources and from international

and non-governmental agencies;

(j) Distribute emergency relief materials to victims of natural or other disasters and assist

in the rehabilitation of the victims where necessary;

(k) Liaise with State Emergency Management Committees established under section 8 of

this Act to assess and monitor, where necessary, the distribution of relief materials to

disaster victims;

(l) Process relief assistance to such countries as may be determined from time to time;

(m) Liaise with the United Nations Disaster Reduction Organization or such other

international bodies for the reduction of natural and other disaster;

(n) Prepare the annual budget for disaster management in Nigeria; and

(o) Perform such other functions which in the opinion of the Agency are required for the

purpose of achieving its objectives under this Act.

It is clear that “environmental disasters” fall squarely within the purview of the NEMA Act,

1999. Section 6 (2) thereof defines “natural or other disasters” to ‘include any disaster arising

from any crisis, epidemic, drought, flood, earthquake, storm, train, roads, aircraft, oil spillage

or other accidents and mass deportation or repatriation of Nigerians from any other country.’

NEMA with its stated ‘Mission’, ‘To coordinate resource towards efficient and effective disaster

prevention, preparation, mitigation and response in Nigeria’ has described the Agency as driven

primarily by a VISION: ‘To build a culture of preparedness, prevention, response and

community resilience to disaster in Nigeria.’ This is indeed a “tall standard” not just a “tall

order” by which the Agency must be measured. How well has it proven its mettle in the specific

area of environmental disaster management? Time and experience will tell.

The State Legal Structure for Disaster Management

Against the backdrop of the experience during the Second Republic, interestingly, no State has

challenged the federal statute, NEMA Act, 1999 for establishing State Emergency Committees

for the management of disasters at State level7. It really will not make sense to do that, virtually

7 See, Attorney-General, Ogun State & Ors. V. Attorney-General of the Federation & Ors., Supreme Court of Nigeria,

(1982) 3 N.C.L.R. 166. In exercise of the powers conferred upon him by the provisions of section 274(2) of the 1979

Constitution, the President of the Federal Republic of Nigeria made the Constitution of the Federal Republic of

Nigeria (Adaptation of Public Order Act) Order 1981 (S.I. No. 5 of 1981). Alongside other modifications to the

provisions of the Public Order Act, 1979, in s.6(2) the “Attorney-General of the Federation” was substituted for the




all the States instantly seek Federal assistance in the wake of major disasters. Moreover, the

reasons are quite obvious, as will emerge subsequently in the discourse. Section 8 provides as

follows:

(1) There is hereby established for each State of the Federation, a State Emergency

Management Committee (in this Act referred to as “the State Committee”).

(2) The State Committee shall consist of –

(a) The Deputy Governor of the State who shall be the chairman

(b) The Secretary to the State Government

(c) One representative each from –

(i) The State Ministry of Women and Social Welfare

(ii) The State Ministry of Health

(iii) The State Ministry of Works

(iv) The State Fire Service

(v) The Federal Airport Authority of Nigeria

(vi) The State Environmental Protection Agency

(vii) The Agency

(viii) The Commander of the Disaster Reaction Units

(ix) The Nigerian Police Force

(x) The Federal Road Safety Commission

(xi) The Nigerian Security and Civil Defence Corps

(xii) The Nigerian Red Cross Society

(xiii) The National Maritime Authority in coastal States

Note this, the Federal statute sets the template for and established the State Committees, but

the members of the State Committee are appointed by the Governor of the State8, on such

term as may be specified by the Governor of the State9, and paid such allowances as the

Governor of the State may from time to time determine10.

The functions of the State Committee are11 –

“Attorney-General of the State”; also new sections which conferred specific powers on the Minister charged with

responsibility for police affairs were substituted for ss. 10 & 11. Dissatisfied with these modifications made in the

Order, the Governments of Ogun State, Bendel State and Borno State, challenged their validity seeking for an order

of Court declaring that the Constitution of the Federal Republic of Nigeria (Adaptation of Public Order Act) Order,

1981, is unconstitutional and therefore null and void and of no effect. See also, Okorodudu-Fubara, M.T. Law of

Environmental Protection: Materials and Text, 1998 at pp. 92-122. 8 NEMA Act, 1999, s.8(3)(c).

9 Ibid. s.8(3)(b)

10 Ibid. s.8(3)(d)

11 Ibid. s. 9




(a) To notify the Agency12 of any natural or other disasters occurring in the State

(b) Respond to any disaster within the State and may seek assistance from the Agency if it

deems it fit in each circumstance;

(c) Carry out disaster management activities in the State as may, from time to time, be

recommended by the Agency; and

(d) Be accountable to the Agency for all funds accruing to it for purposes of discharging its

functions under this Act.

It is clear from the foregoing statutory provisions that disaster management generally

(environmental disaster inclusive) at the Federal level is governed by the NEMA Act, 1999. The

Act is explicit on the establishment of a National Emergency Management Agency and a State

Emergency Management Committee for each of the 36 States of the Federation. However, it

does not lend much clarity to the actual modus operandi for the management of disasters. Fair

enough, s.7 (b) states that the Council shall have power to “make, alter and revoke rules and

regulations for carrying on the functions of the Agency”; and s.24 which stipulates that “The

Agency may, with the approval of the President, make regulations, generally for the purposes

of giving full effect to this Act.” The Agency is yet to come up with such regulations in

accordance with the said statutory provision. Who or what determines specifically by law, for

instance, if an incident qualifies as “natural or other disasters” under the Federal statute? The

President traditionally does this. But this must be clearly backed by statute. Again what is the

threshold for qualified disasters? These are matters that should not be left simply as contents in

the National Disaster Response Plan. Some of these matters must be backed by the full weight

and clarity of the law, and not left to the whims and caprices of chief executives or officials at

Federal, States or Local levels.

In the United States, the Stafford Act (an amendment to the Disaster Relief Act of 1974)

prompted the creation of the US Federal Emergency Management Agency (FEMA) in 1979 and

governs emergency response at the federal level. The Stafford Act lays out the ways the Federal

government can assist States during times of major disasters and emergencies by providing

personnel and monetary support. The effectiveness of the US statute was clearly proven in the

wake of Superstorm Sandy which hit the north east coast of the United States in 2012. Aptly

summed up by James Beyer that: “The devastation could have been even more catastrophic,

however, if the coordination among federal, state and local authorities had not been as

effective. Despite the tragic loss of life resulting from the storm, lives were inevitably saved and

property damage, as great as it is proving to be, was inevitably mitigated because of successful

12

The National Emergency Management Agency, i.e. the main national umbrella for coordination of

disasters/emergencies




communication”, this feat, Beyer and many across the United States accurately attributed to

“how the chief executives at different levels of government across the state work within the

disaster response legal structure to declare states of emergency, and what kinds of benefits flow

from that declaration.”13

Section 22 of NEMA Act, 1999 is as vague and ‘general’ as it sounds. It deals with “Directives by

the President”:

“Subject to the provisions of this Act, the President may give to the Agency directives of a

general nature or relating generally to matters of policy with regard to the performance of

the Agency of its functions and it shall be duty of the Agency to comply.”

How does this spell out the actual involvement of the Commander in Chief, the President in

disaster/emergency management. Disaster management is not mere picnic or child’s play. The

Stafford Act is described as ‘a dense, involved piece of legislation’. Title V, thereof, sets the

template for interaction between the State and Federal government when responding to an

emergency, and lays down the procedure a State must follow to request support from the

President. To seek a declaration of emergency from the President, the governor of an affected

State must determine that the conditions the State faces are too onerous for the State to

Manage, and it must begin to implement the State’s emergency plan. The governor must also

set forth the type and amount of federal aid it will require. At the Federal level, once the

President determines the situation qualifies as an emergency, he can then direct any Federal

agency to fund or otherwise assist State and Local governments to combat the emergency

situation.14 In the wake of Superstorm Sandy, Governor Cuomo of the State of New York had

sought a pre-disaster emergency declaration from President Obama. The declaration was

granted to allow federal assistance in evacuating, sheltering and other protective processes.

The President’s declaration provided New York with all types of assistance, from debris

management to logistics management, at no cost from any federal agency.15

NEMA’S POLICIES AND STRATEGIES FOR DISASTER MANAGEMENT

Much of what we know of management of disaster by NEMA in Nigeria today can be gleaned

from the Agency’s website. The Agency has posted its policies and strategies on the internet.

This is very important because the task of disaster management does not rest with NEMA and

13

James E. Beyer, “A Brief Overview of the Legal Structure for Emergency and Disaster Management at the Federal,

State and Local Levels”, New York, 2012. 14

Ibid. 15

Ibid.




the first responders alone. Ordinary Nigerians can be involved in some manner or the other. So

it is very important for the average person in this country to be well aware and fully informed of

the existence of the National Emergency Management Authority (NEMA), its mission, its

strategies for carrying out its statutory functions, and how the true patriotic citizen can assist in

furtherance of the aims of the statute establishing the NEMA and State Environmental

Management Committees. In the aftermath of the Boston Marathon bombing in April 2013, it

was an ordinary citizen looking out of his window at his boat in the backyard, who spotted a

strange movement and instantly alerted the FBI and brought to a close the six-days long man-

hunt for the 19 year old suspected Marathon bomber, that had brought the city and its

environs to a shut-down. Nigerians can similarly be alert to and conscious of their surrounding

environment for its protection. NEMA’s disclosed policies and strategies16 which are largely in

consonance with the section relating to disasters in the National Policy on Environment and the

statute establishing the Agency are:

(i) Decentralization/designated zonal offices: The Agency operates a policy of

decentralization of disaster management. It has established functional zonal offices

located in each of the six geo-political zones of the country, specifically in: Jos (North

Central); Kaduna (North West); Maiduguri (North East); Lagos (South West); Port

Harcourt (South South); Enugu (South East). The policy to decentralize is at the core

of the stated mission of the Agency. It brings the Agency closer to the people directly

at the local bases where there is need for the “service and succour” expected from

the Agency to be directly felt. In short, the zones provide for quicker response to

disaster situations before any action from the head office. The zonal offices are the

extension of the Agency in their various locations with the responsibilities of

implementing policies and carrying out any other assigned functions. The Agency has

plans to establish more zonal offices and “call centres” across the country for quick

reaction to distress alerts. Through the zonal offices, the grassroots have direct

access to the Agency. According to NEMA this policy has significantly improved the

intervention period to about two days for assessment and delivery of relief

assistance for urgent situations.

(ii) Stockpiling to meet contingencies: The Agency stockpiles relief and rehabilitation

materials in warehouse in each of its zonal offices as a proactive measure against

emergencies and to ensure prompt and efficient response to disasters.

(iii) Collaboration with Security Agencies: The Agency ensures a successful collaboration

with the security agencies perceived as, and actually constitute major stakeholders

16

See, generally,NEMA: Basic Info, http://www.facebookcom/nemanigeria/info. For general information: Public

Relations Division, National Emergency Management Agency, No.8, Adetokunbo Ademola Crescent, Maitama,

Abuja.




in the execution of the tasks of the Agency. The collaboration is promoted through

regular meetings, workshops, simulation exercises and training utilizing every

opportunity to advance the cause of disaster management in the country.

(iv) Disaster Response Units (DRUs): These are units in military formations dedicated to

emergency/disaster responses. The involvement of the military is necessitated

especially for situations that may require physical human strength and some military

equipment. The units exist in identified Army, Navy and Air force formations across

the country.

(v) Search and Rescue (SAR)/Epidemic Evacuation Plan: This Plan was approved in 2008

and provides a system where all stakeholders can draw on collective strength of one

another and build a formidable group of highly mobile, motivated, dedicated, well-

trained work force of disaster managers.

(vi) Disaster Risk Reduction: There has been a paradigm shift from disaster management

which offered mainly humanitarian relief supplies with huge funds expended

annually on perennial emergencies, to disaster risk management which offers a good

opportunity to build, develop and sustain policies pertaining to social development,

equity, economic growth, environmental quality and sustainable land use.

Experiences have revealed that in disaster management attention should be given to

prevention and mitigation rather than to wait for the aftermath. In recognition of

this, disaster managers world-wide have continued to give serious attention to risk

reduction strategies. NEMA on its part has developed a special programme in this

regard and with the cooperation of the stakeholders has embarked on a series of

training, sensitization and initiatives to promote the required consciousness on

specific and general disasters.

(vii) Advocacy and Stakeholder meeting: The Agency engages in advocacy to ensure the

preparedness of the stakeholders. This provides a leverage to assess available

equipment and facilities at the disposal of the stakeholders and guides the Agency in

making critical inputs/suggestions to the stakeholders to beef up their disaster

response potentials. Regular meetings and allied activities with the stakeholders are

kept and closely observed, to avoid unnecessary/damaging gaps in disaster

management collaborative efforts.

(viii) Training and capacity building: NEMA firmly believes in the preparation of the

human resources for optimal performance. Towards this end, a full-blown

department was established. The department of training was established which

develops the curriculum and coordinates the human resources development of the

Agency in addition to catering for the training needs of the stakeholders to be fully

equipped with modern skills which qualify them to be good disaster managers based

on global standard and best practices. The Agency also got the Federal government




approval for the take-off of post graduate programme on disaster management in

six federal universities in the country.

(ix) Awareness generation: Disasters of manmade origin can be minimized through

awareness generation. In recognition of the fact that more than half of the disasters

in the country are manmade, the Agency utilizes awareness campaigns/generation

against disasters as the cornerstone in building a culture of sustainable resilience to

disasters.

(x) National Disaster Response Plan: The National Disaster Response Plan (NDRP) was

approved by the Federal Executive Council. It establishes a process and structure for

the systematic, coordinated, and effective delivery of Federal assistance, to address

the consequences of any major disaster or emergency declared by the President of

the Federal Republic of Nigeria. The document is essentially a template for the roles

of stakeholders and the call out plan in response to disasters. The NDRP sets out

fundamental policies, planning assumptions, a concept of operations, response and

recovery actions, and Federal agency and private sector responsibilities; organizes

the forms of Federal response assistance that a State is most likely to require under

13 Support Service Areas (SSAs); each of which has a designated primary agency,

provides focus for interagency and intergovernmental emergency preparedness,

planning, training, coordination, and information exchange.17 The document is said

to be undergoing review to update and made more functional.18

NEMA’S MAIN OPERATIONAL STRUCTURES/TOOLS FOR DISASTER MANAGEMENT

The major facilities and infrastructures deployed by the National Emergency Management

Agency for performing its main task under the statute of coordinating disaster management

consist of the following:

(i) Mission Control Centre (MCC): The Mission Control Centre is located in the NEMA

Headquarters, No. 8, Adetokunbo Ademola Crescent, Maitama, Abuja, FCT. It is a

computer based satellite technology which uses the COSPAS-SARSAT hi-tech system

technology and has attained a Full Operational Capacity (FOC) certified by the

COSPAS-SARSAT Secretariat. The system picks up distress alerts and location

data/information for search and rescue services providers, using spacecraft and

ground facilities to detect and locate the signals of distress beacons. This is

17

See, UNISDR (2013), http://preventionweb.net/go/21707 see also,

www.preventionweb.net/english/professional/policies/v.php?id=21707 18

See, https://www.facebookcom/nemanigeria/info




particularly useful for maritime, aviation and land users in distress. A distress alert

from the beacon located on a ship or aircraft, for instance, automatically prompts

the satellite system and transmits the signal to the ground segment facilities from

where the data is processed and transmitted to the appropriate Mission Control

Centre (MCC). The MCC in response alerts the nearest Rescue Coordinating Centres

(RCC) or Disaster Reaction Units (DRU) of the Army, Air Force, and the Navy for

appropriate and immediate action.

(ii) Geographic Information System GIS): A functional GIS laboratory is set up by the

Agency for early warning and precision in response towards the management of

disasters in the country. NEMA GIS lab collects spatial data, analyses and prepares

useful information which aids responses to disasters. This is one of the vital facilities

of the Agency for its disaster risk reduction programme.

(iii) Mobile Clinics: The Agency has mobile clinic facilities stationed in Abuja, Kaduna,

Lagos and Port Harcourt. The mobile clinic is deployed in the event of a major

disaster. In addition, NEMA has procured ambulances placed on standby in Abuja

and all the six zonal offices in the federation.

(iv) Helicopter for Search and Rescue: The Agency has a helicopter for search and rescue

operations throughout the length and breadth of the country. This helicopter is

stationed in Abuja and is manned by Officers of the Nigerian Air Force. As at 2010

plans were underway to acquire additional helicopters, ‘one for each of the six geo-

political zones.’19

GAPS IN POLICY AND MANAGEMENT OF ENVIRONMENTAL DISASTERS IN NIGERIA

Environmental Disasters: Nigerian Experience

Nigeria has had its own “fair share” of environmental disasters in recent memory.

Environmental disasters like oil spillage/theft fires, floods, landslides with ferocious and

destructive impacts consuming entire communities, farm/grazing lands, infrastructures, etc, are

no longer new nor news (i.e. strange) to Nigerians. However, we cannot afford to develop a

thick skin to these environmental disasters. Any attempt to do that will be suicidal for us as

humans, and economically crippling for our country that derives a huge chunk of its GDP from

the natural resources of the land.

Oil Industry Devastation: For over five decades there has been a creeping environmental

devastation of the Niger Delta due to pollution from oil spills and oil well fires severely

19

See, NEMA: Basic Info, https://www.facebook.com/nemanigeria/info




contaminating land, groundwater, surface water, sediment, vegetation, air pollution and public

health. Available data estimates oil spills at more than 15 million barrels since oil production

started in the Niger Delta in the nineteen fifties. The impact on the health of the affected

population is indeed scary. UNEP’s Environmental Assessment of Ogoniland20 disclosed that the

“(i)…community is exposed to petroleum hydrocarbons in outdoor air and drinking water,

sometimes at elevated concentrations. They are also exposed through dermal contacts from

contaminated soil, sediments and surface water. (ii) Since average life expectancy in Nigeria is

less than 50 years, it is a fair assumption that most members of the current Ogoniland

community have lived with chronic oil pollution throughout their lives. (iii) Of most immediate

concern, community members at Nisisioken Ogale are drinking water from wells that is

contaminated with benzene, a known carcinogen, at levels over 900 times above the World

Health Organization (WHO) guideline. The report states that this contamination warrants

emergency action ahead of all other remediation efforts. (iv) Hydrocarbon contamination was

found in water taken from 28 wells at 10 communities adjacent to contaminated sites. At seven

wells the samples are at least 1,000 times higher than the Nigerian drinking water standard of 3

ug/I. Local communities are aware of the pollution and its dangers but state that they continue

to use the water for drinking, bathing, washing and cooking as they have no alternative.”21 This

is D-I-S-A-S-T-E-R at its peak!!! “No alternative”? Surely we have a responsive GOVERNMENT

that must come to the rescue. This has remained one overwhelming severe and continuous

environmental disaster in this country. It has remained with us, and is not like other seasonal or

occasional environmental disasters, such as flood, landslides, earthquakes, tsunamis, etc. The

point is Nigeria must resolve once and for all not to tolerate it. It is proof of such zero tolerance

by the United States government that the world witnessed in its swift reaction to the 2010

Deepwater Horizon oil spill which released 4.9 million barrels of crude oil into the sea off the

Gulf of Mexico, polluting the marine ecosystem and gravely impacting the livelihoods of

peoples and destroying marine life.

During an interactive session with officials of the National Oil Spill Detection Response Agency

(NOSDRA), Civil Society Organizations and other stakeholders in the Niger Delta region in 2012,

the Chairman of the Senate Committee on Environment and Ecology, Senator Bukola Saraki was

reported to have wryly commented that in Nigeria “for 400,000 barrels spill, Nigerians beg for

clean-up and in several cases, government spends public funds to do the clean-up for the oil

companies that are directly responsible. …(sic)… for the spill along the Gulf of Mexico, before

claims for compensation even British Petroleum (BP), contributed $15 billion to a joint fund by

the United States Government of about $20 billion and it has so far paid out $13 billion to

20

4 August, 2011 UNEP released the ‘Environmental Assessment of Ogoniland Report’. A study conducted at the

request of the Federal Government of Nigeria on the nature and extent of oil contamination in Ogoniland. 21

See, UNEP Environmental Assessment of Ogoniland: Executive Summary, 2011. See also, www.unep.org




individuals for loss of profits.” Senator Saraki correctly remarked that if that spill had occurred

in Nigeria, the affected individuals and families would only get bags of rice, beans, blankets

and bread.22 This is a very sad reflection on us as a people; how we value ourselves as human

beings and what value we place on our life-sustaining environment. This attitude must be

jettisoned by us as a nation.

One of the national dailies recently published a petition to the United Nations by the people of

Nembe in Bayelsa State, demanding $1bn from Shell and Agip which read, “We the people of

Nembe Kingdom have a cause to cry out loud to you, because we are seriously aggrieved over

the shoddy treatment meted out to us by the oil companies operating in our land. If we fail to

call your attention to our plight now, there is the likelihood that we may not be able to tell

our story after some years as we may have been slowly exterminated by the effects of oil

spills, gas flaring and improper disposal of toxic wastes and materials in our kingdom. As a

result of gas flaring, frequent oil spillages and dumping of industrial toxic wastes, the lifespan

of the average Nembe man and woman has been drastically reduced to 40 years. This is just

too low and calls for serious investigation. We want the United Nations to come to our

kingdom for investigation and analysis of the environment and subject their findings to high-

level expert interpretations and opinions…” 23The petitioners also copied the National

Assembly the exact petition sent to the United Nations. This is a challenge for our law makers to

rise to the occasion and heed the distress call of the people way ahead of the UN. Are there

gaps in the law on environmental disasters governance in the country? This calls for a critical

review by our law makers.

Desertification/Lake Chad: The alarm bells have been ringing for a long while over the

imminence of desertification disaster and as a growing problem in many parts of the world,

particularly, Africa, capable of causing more conflict and food insecurity as it is exacerbated by

climate change. Closer home to us here in Nigeria, there is serious concern that the Sahara

Desert is devouring our Lake Chad.24 Researchers have found that the lake is just a speck of

what it was 50 years ago, measuring only 1,300 sq. km. today compared to what it was in the

1960s, a 38,000 sq. km. of sparkling blue-green water that nourished humans, animals and

plant life in the in the surrounding four countries: Nigeria, Niger, Cameroon and Chad.

Desertification has led to mass migrations, malnutrition, conflicts and thousands of deaths.

There are reports that in northern Nigeria more than 200 villages disappeared between 1980

and 2000. Villagers left land that could no longer support crops, wells dried up and grassland

22

Niger Delta Oil Spills: Senate Takes the Gauntlet, Moves to Amend NOSDRA Act 2006,

http://www.thisdaylive.com/articles/n.delta-oil-spills-senate-takes-the... 23

PUNCH, Wednesday, April 24, 2013, p.8 24

Raveena Aulakh, “When the Desert Devours the Lake”,

www.thestar.com/news/world/2013/04/06/when_the_desert_devours_the_lake.print.html




that become bare. Apart from the accumulated impacts of human activities such as,

overcultivation, overgrazing, deforestation and poor irrigation, combined with intrusion of

climate change, most scientists believe desertification can be squarely attributed to poor

governance.25 The question was posed, Can Lake Chad be saved? Brent Swallow, Chair of the

Department of Resource Economics and Environmental Sociology, University of Alberta, Canada

was very pessimistic: “It’s an unmitigated disaster…I don’t know if it’s too late.” Attempt was

made to gauge the true scale of the environmental disaster that Lake Chad had become from

space, and from satellite’s vantage, the decline was very clear. Once a huge inland sea it is now

a tiny speck and still shrinking. It is observed that precipitation is steadily dropping by five to 10

mm a year. Other factors such as irrigation and damming of rivers that feed the lake for

hydroelectric schemes have contributed to its catastrophic decline. Can Lake Chad even survive

the 21st Century? This is the million dollar question posed by the researchers.26 Here in Nigeria,

prospecting for crude oil (the black gold) in the Chad basin was in the news a while ago. Is it

likely this activity could also be implicated in the growing shrinkage of the lake?

Flooding: Another major environmental disaster we have become so well familiar with in our

country is “flooding”. The Great Floods of 2012 jostled Nigerians out of their comfort zones to

face the stark reality of flooding as an excruciating environmental disaster. There was no

demarcation between the “rain forest” of the south or “savannah dry lands” of the north. The

2012 Flooding was no respecter of ecosystems boundaries. It defied all boundaries and pushed

through all our “geopolitical zones”. It was indeed a national calamity almost on the verge of a

humanitarian crisis. Lives were lost. Properties that run into the billions of naira were

destroyed. Infrastructures were equally damaged. Means of livelihoods washed away with the

flood. Some of the victims of past floods are still pathetically sitting in refugee camps in

different parts of the country.

Warning bells are sounding again by NEMA, NIMET, and many State governments, warning

Nigerians, generally, and particularly residents of flood prone areas of the impending 2013

rainfall which is predicted will be heavier than last year’s. Residents of flood prone areas are

advised to immediately vacate their homes to avert disaster that could result from flooding.

Lagos State government plans to provide a map showing the topography of lands in the State to

all chairmen of 57 Local Government Councils and Local Government Development Areas in the

State to enable them sensitize residents in their various councils.27

Predictions of rainfall flooding are good. But the fact is that these predictions are not new

neither do they constitute permanent solution to the grave problem of this particular

25

Ibid. 26

Ibid. 27

THE GUARDIAN, Sunday, April 21, 2013, p.9




environmental disaster. Again we must avoid the error of equating “prediction” with such

principles of international environmental law like “the principle of prevention” or “the

precautionary principle”. There are root causes of devastating flooding, such as, deforestation,

violation of town planning/building, waste disposal laws, etc. which our governments at the

Federal, State, and Local levels must address up front. Unless this is done, the impacts of

environmental disasters caused by flooding will continue to overwhelm the combined

resources of NEMA and all first responders/volunteer groups in the wake of monumental flood

disasters.

In the aftermath of the 2012 flooding, the Governor of Delta State set up a Committee inclusive

of the Vice-Chancellor of the State University to undertake an in depth assessment of the

flooding in the State and make concrete recommendations to the State government. In a recent

press interview the Delta State Commissioner for Environment said that his Ministry is

determined to go against the law breakers, including those illegally building on the State’s

waterways.”Name calling and shaming” will also be applied to these companies, including the

oil and gas companies that pollute the Delta State environment and flout extant laws and

regulations.

It might be helpful at this juncture again to revisit the National Policy on the Environment,

1999 specifically the Paragraph which relates to flooding and stipulates as follows:

“5.3 Flood and Erosion

Flooding in one form or other affects at least 20% of the nation’s population. It cuts across the

society from the urban residents to the rural dwellers. Flooding is a threat to physical

infrastructures, including residential accommodation, commercial and industrial properties,

roads, rail lines, bridges, port installations etc. It also destroys farmlands, including standing

crops. Losses due to flooding run into many billions of naira per year.

On the other hand, 85% of the total land area of Nigeria is under severe sheet, rill and gully

erosion with over 2000 active gully erosion sites spread and around the country. Erosion leads

to impoverishment of the soil as nutrients are washed away, loss of livelihood as farmlands

become wasteland thus increasing the menace of rural urban migration and pollution and

siltation of available sources of drinking water. Human lives and properties especially buildings

are endangered as they collapse into gullies.

Coastal erosion is widespread along the nation’s 800 km long coastline with estimated mean

shoreline retreats of 2 – 30 metres per year. The worst affected areas include Victoria Beach in

Lagos, Awoye/Molume in Ondo State, Ogborodo/Escravos and Forcados in Delta State, Brass in

Bayelsa State and Ibeno-Eket in Akwa Ibom State.




To achieve effective management of urban, river and coastal flooding and stabilize all gully and

coastal erosion sites and enforce management practices aimed at preventing/minimizing the

incidence of erosion, the following strategies are required:

For flooding-

a) Enforce compliance with planning/urban laws/edicts.

b) Build embankments and levies along rivers and coastline prone to flood.

c) Establish rainstorm early warning system.

d) Establish and monitor weather stations, river and tidal gauges.

e) Ensure appropriate management of dams.

f) Ensure proper maintenance of existing urban drainage channels.

g) Enforce environmental sanitation laws in towns and cities.

For Soil and Coastal Erosion it will be necessary to:

a) Prepare and implement a comprehensive national policy on soil and coastal erosion and

flood control28

b) Formulate and enforce regulations for soil and water conservation especially in erosion-

prone areas.

c) Carry out national watershed delineation and characterization for use as a basis for

development of an aggressive management and enforcement programme to protect

and maintain the quality of the nation’s lands, water and coastal resources and

implement the programme.

d) Prepare periodic master plan on the management of soil and coastline erosion and

flood, and advise the Federal Government on the financial requirements for the

implementation of such plans

e) Carry out feasibility and scientific studies on soil erosion and related flood problems for

the design of appropriate and integrated remedial control measures.

f) Carry out public enlightenment campaigns on environmental degradation arising from

poor land and water management practices.

g) Provide and promote training on environmental issues as they relate to flood, erosion,

land degradation and water conservation.

h) Promote integrated ecosystem management with other agencies connected with

agriculture, land use, soil and water conservation, rural development and coastal

resources management including environmentally sound recreational use.

28

See National Environmental Regulations 2009, 2011 & 2012 released by the National Environmental Standards

and Regulations Enforcement Agency (NESREA)




i) Strengthen national capacity through personnel development, provision of training

facilities and research on combating climate-related ecological problems.

j) Strengthen capacity of the Environmental Management Support System (EMSS) for

Remote Sensing data gathering, GIS facilities and development of

disaster/environmental data bank.

k) Support agro-forestry and integrated Coastal Zone Management.

l) Encourage planted fallow in abandoned farmland using soil enriching species.

m) Promote conservation farming and use of organic fertilizer and soil conditioners.

n) Establish viable contingency plans for tackling socio-economic and other problems

resulting from coastal and other erosion disasters.

SOME STRUCTURAL GAPS IN DISASTER POLICY AND MANAGEMENT

The following are some of the drawbacks and loopholes in the extant policy and legal structures

for environmental disaster governance in Nigeria.

1. NEMA Governing Council: As the law presently stands, the Federal Ministry of

Environment is not listed under section 2(2)(c) of the NEMA Act, 1999.The Federal

Ministry of Environment should be included in the membership of the Governing

Council of the National Emergency Management Agency, under s. 2(2)(c) of the Act,29.

This may be extended beyond the FMoEn in fact, for inclusion of its agencies, the

NESREA and NOSDRA.30 These are very important agencies of government for disaster

governance in the country. These critical Ministries and agencies of government must

cultivate a robust culture of talking to each other and be on the same page constantly to

better manage environmental disasters in the country. An appropriate platform for this

is partly what section 2 of the NEMA Act attempts to provide. It’s a leveraging platform

where the essential partners in disaster management sit together to formulate ideas,

policies and response strategies for disaster management within the country.

2. Fiscal constraints at Federal (NEMA), State (SEMC) and local levels: NEMA is not a

“regulatory” body. It is by all statutory intent and purposes a vital coordinating and

29

The omission of the Federal Ministry of Environment in the first instance could be tied to the timing of the

National Emergency Management Agency (Establishment, etc.) Act, 1999 which came into effect on 23rd

March,

1999 under Gen. Abdulsalam Abubakar’s Administration. In June 1999 a Federal Ministry of Environment was

created for the first time in the nation’s history during the Obasanjo Civilian Administration. See, Okorodudu-

Fubara, M.T., “The Legal Instrument for Environmental Management in Nigeria”, 2010: World Environment Day,

Distinguished Guest Lecture, FMENV/UNAAB LINKAGE CENTRE FOR FOREST, CONSERVATION AND BIODIVERSITY,

aBE 30

It is pertinent to note that the State Environmental Protection Agency is rightly accorded a seat on the State

Emergency Management Committee under s. 8 of the NEMA Act, 1999.




“Service providing” agency which must be given adequate and robust human and

material resources to provide the essential services it is set up by law to give the nation.

The Agency is not adequately tooled for the task of efficient and effective disaster

management. A situation where NEMA only boasts of one helicopter and a few

ambulances, for instance, for its core mission of search and rescue operations, is not

ideal if the government is serious with the intents and purposes ascribed to the Agency.

The Government must fully equip and strengthen NEMA, the SEMCs and first

responders at the local (subsidiary) levels for their emergency preparedness roles to

“reduce peoples’ vulnerability and cushion the impact of disasters on our settlements,

economy and environment.” The 2012 National Flood disaster revealed the extent of

the inadequate operational structures/tools for coordinating disaster management at

the disposal of NEMA. There may be a need to revisit s. 13(2)(b) of the NEMA Act which

currently provides for crediting to the Agency’s Fund “20% of the Ecological Fund for the

management of ecologically related disasters”. The law makers may wish to consider

increasing this to anywhere from 40-50 per cent in view of huge demands for carrying

out the “service” of disaster management in the country. We are living witnesses to

recent international best practices in disaster management across the world. We must

be prepared to appropriate substantial funding to NEMA in order to yield maximum

satisfactory results.31

3. City, Town and Village Disaster Preparedness: Disaster preparedness at the subsidiary

level can be critical to saving lives and property. It should be included in the policy and

law governing disaster management in Nigeria at Federal and State levels, for each

city, town and village to prepare Disaster Preparedness Plans (DPP) in order to identify

local measures to prevent disasters, to develop ways to coordinate the use of local

resources when responding to and recovering from disasters, and to provide for

recovery and redevelopment after a disaster.32

4. NEMA’s Proposed National Emergency Call Numbers: The crucial link that led to the

capture of the Boston Marathon bomber was a call that was put through on the toll free

number “911” by a citizen. NEMA has canvassed the operators of telecommunications in

Nigeria to implement a toll free line “112” as the National Emergency Call numbers for

quick access to assistance in distress situations. Report we are getting is that NEMA has

held meeting with the stakeholders. According to this source, some of the telephone

31

Last year Federal Government actual went some great length to provide money to take care of flood victims.

This was, however, trailed by criticisms of misappropriation of the funds meant to provide relief materials for the

camps in some States. According to a report, “In many camps, there were insufficient food and materials because

materials and food meant for the victims were diverted, leading to starvation in many camps. Many of the facilities

in the camps were overstretched…” See, tribune.com.ng/index.php/editorial/50464-managing-natural-

disaster?tmpl=component&print=1&page= 32

Cp. Sect. 23 of the New York Executive Law, Article 2-B which governs state and local disaster response.




operators are not willing to provide the toll free emergency call services which could link

the public and response agencies.33 This is sad. It is not only a minus on the corporate

social responsibility of our telecoms service providers that make very profitable business

from the public who patronize their services, but also on the part of the government for

not throwing its full weight behind the NEMA proposed National Emergency Call

number to ensure that it sees the light of day for what it might cost. NEMA and

Nigerians anxiously await this. The fact is, as rightly canvassed, ‘this is what is taken for

granted in forward looking countries all over the world. A service provided to the

citizens for a link between the public and emergency service organizations free of

charge. The call is received on the emergency toll free line, processed and forwarded to

the relevant response agencies’.34 The National Assembly should take this as a crucial

responsibility to ensure that Nigerians also get the advantage of a toll free emergency

call line here in our country. Possibly, pass a law to back it up. This is not a luxury. It

should be tied to our rights as citizens.

CONCLUSION

Nigeria, to a large extent, has a good policy and management strategy in place or on paper for

responding to disasters in general and environmental disasters, in particular, although not well

matched by adequate man and material resources. Moreover, its implementation is not yet as

robust and efficient as we would like to have it. Some reviews and strengthening must be

carried out targeted at ensuring that Federal, State and local level responses advance the

overriding interests of the health, safety and welfare of the people. We can take a cue from

best global practices in the international community, leaders at the forefront of national

emergency response. We must ensure that our emergency response legal structure is well

funded, kitted and set up in a way that facilitates continuity, collaboration and coordination

among the distinct tiers of management from the Federal, State, Local, City, Town down to the

Village levels.

33

See, Yushau A. Shuaib, “NEMA and the Challenge of Managing Disaster in Nigeria”,

www.preventionweb.net/english/professional/news/v.php?id=8898 34

Ibid.

by prof. m.t. okorodudu-fubara the national...

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