MEMORANDUM ON THE ILLEGAL DEPORTATION OF HENRY OKAH FROM ANGOLA AND THE TREASON CHARGE FILED AGAINST HIM BY THE FEDERAL GOVERNMENT. From: Femi Falana To: Date: Friday, October 10, 2008, 7:26 AM
The Secretary,
Niger Delta Technical Committee,
Sokoto Room, Floor 02,
Transcorp Hilton Hotel,
Abuja
RE: MEMORANDUM ON THE ILLEGAL DEPORTATION OF HENRY OKAH
FROM ANGOLA AND THE TREASON CHARGE FILED AGAINST HIM BY THE
FEDERAL GOVERNMENT.
1. Our client has instructed us to draw the attention of your Committee to the National Environmental Standards and Regulations Enforcement Agency Act 2007 which has exposed oil communities in the Niger Delta to environmental pollution and degradation without any statutory protection whatsoever.
2. It is pertinent to note that by the enactment of the National Environmental
Standards and Regulations Enforcement Agency Act 2007 the Federal Environmental Protection Agency Act (FEPA) has been repealed. But unlike FEPA which was empowered to protect the environment throughout Nigeria the new Agency cannot enforce environmental laws and regulations in the oil producing communities in Nigeria!
3. Specifically, section 7 of the Act provides as follows:
“a. Enforce compliance with laws, guidelines, policies and standards on environmental matters.
b. Coordinate and liaise with stakeholders, within and outside Nigeria, on matters of environmental standards, regulations and enforcement..
c. Enforce compliance with the provisions of international agreements, protocols, conventions and treaties on the environment, including climate change, biodiversity, conservation, desertification, forestry, oil and gas, chemicals, hazardous wastes, ozone depletion, marine and wild life, pollution, sanitation and
such other environmental agreement as may from time to time come into force.
d. Enforce compliance with policies, standards, legislation and guidelines on water quality, environmental health and sanitation, including pollution abatement.
e. Enforce compliance with guidelines and legislations on sustainable management of the ecosystem, biodiversity conversation and development of Nigeria’s natural resources.
f. Enforce compliance with any legislation on sound chemical management, safe use of pesticides and disposal of spent packages thereof.
g. Enforce compliance with regulations on the importation, exportation, production, distribution, storage, sale, use handling and disposal of hazardous chemicals and waste other than in the oil and gas sector.
h. Enforce through compliance monitoring, the environmental regulations and standards on noise, air, land, seas, oceans and other water bodies other than in the oil and gas sector.
i. Ensure that environmental projects funded by donor organizations and
external support agencies adhered to regulations in environmental safety and protection.
j. Enforce environmental control measures through registration, licencing and
permitting systems other than in the oil and gas sector.
k. Conduct environmental audit and establish data bank on regulatory and enforcement mechanisms of environmental standards other than in the oil
and gas sector.
l. Create public awareness and provide environmental education on sustainable environmental management, promote private sector compliance with environmental regulations other than in the oil and gas sector and publish general scientific or other data resulting from the performance of its functions.
m. Carry out such activities as are necessary or expedient for the performance of its functions.”
4. From the foregoing it is crystal clear that by allowing the operation of the Act throughout Nigeria “other than in oil and gas sector” the Federal Government has deliberately exposed the oil producing communities to environmental pollution and degradation without any justification. Indeed, such discriminatory treatment of the oil producing communities is an infringement of Section 42 of the Constitution which has guaranteed the fundamental rights of Nigerians to freedom from discrimination.
5. Our investigation has revealed that the inclusion of the phrase “other than in the oil and gas sector” in the Act by the National Assembly was influenced by the oil companies in order to exculpate them from responsibility in respect of environmental pollution and other cases of environmental degradation of the oil producing communities in Nigeria.
6. It is therefore our submission that unless the National Environmental Standard and Regulations Enforcement Agency Act is urgently amended to allow the newly established Agency to protect the environment in the oil producing communities the discriminatory provisions of the Act may soon become another source of violent agitation in the Niger Delta.
7. It is hoped that your Committee will recommend the immediate repeal of the obnoxious provisions of the National Environmental Standard and Regulations Enforcement Agency Act 2007 in the interest of justice and fair play.
Yours sincerely,
FEMI FALANA
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Niger Delta Technical Committee 