In a residential estate somewhere in Lagos, a man, a resident of the estate runs a fish pond.Other residents of the estate have levelled against this man an allegation that his fish pond is a breeding ground for mosquitoes in the estate, especially anopheles mosquitoes responsible for the widespread of malaria which is endemic in the area.The residents of the area have now resolved to take a legal action against the fish pond owner who remains adamant despite pleas and warnings to him to relocate his fish pond from within the premises of the estate.
What legal remedy is available to the aggrieved residents in the circumstances?
THE LEGAL POSITION
On the surface of it, one is tempted to consider the above scenario a case of nuisance in the law of tort but this is not the case.Not all cases of nuisance are actionable in tort. Our scenario is just one of those cases not actionable. Where do the aggrieved residents in our scenario then turn to for remedy? Or does it mean that there is no remedy for them at all?
First, outside the common law, the 1999 Constitution of the Federal Republic of Nigeria, as amended, creates a foundation for the protection of the environment by the government. This is the original source where all the government environmental protection agencies in Nigeria derive their mandate from.In furtherance of this environmental objective, as enshrined in the constitution, the Federal Environmental Protection Agency was first established but was later replaced with the Federal Ministry of Environment with the same duties of administering and enforcing environmental laws in Nigeria.
At the state level in the country, states of the federation, like Lagos State, have taken a giant step to make laws establishing their own local environmental protection agencies to compliment the federal government efforts.A good example is the Lagos State Environmental Protection Law which established the Lagos State Environmental Protection Agency.
Section 7 (g) of the Lagos State Environmental Protection Agency Law empowers the agency to monitor and control all forms of environmental degradation from agricultural, industrial and government operations. Section 8 of the law further empowers the agency to apply enforcement measures to combat environmental degradations in manufacturing premises and government operations.
There is no gainsaying that the construction and operation of that fish pond in the above scenario amounts to the wrong use of the residential quarters (the estate) where the pond is situate. The location of the fish pond in the estate also amounts to degradation of the host environment as its presence there worsens the environment by breeding mosquitoes thereby making the host environment ( the estate) infested with mosquitoes, especially anopheles mosquitoes that spread malaria rapidly among the residents.
The aggrieved residents of the residential estate in the scenario may petition the Lagos State Environmental Protection Agency on the menace of the fish pond in their neighbourhood.In response to such petition, the agency can take an appropriate action to abate the nuisance.
All said and done, assuming the Lagos State Environmental Protection Agency fails to act after receiving a petition in the circumstances, what can the petitioner do?
Let us meet at www.mylegalgists.blogspot.com on Monday, 15th June, 2015 when I will be doing justice to this poser.
Till then, stay blessed and have a splendid weekend!
Thank you.
What legal remedy is available to the aggrieved residents in the circumstances?
THE LEGAL POSITION
On the surface of it, one is tempted to consider the above scenario a case of nuisance in the law of tort but this is not the case.Not all cases of nuisance are actionable in tort. Our scenario is just one of those cases not actionable. Where do the aggrieved residents in our scenario then turn to for remedy? Or does it mean that there is no remedy for them at all?
First, outside the common law, the 1999 Constitution of the Federal Republic of Nigeria, as amended, creates a foundation for the protection of the environment by the government. This is the original source where all the government environmental protection agencies in Nigeria derive their mandate from.In furtherance of this environmental objective, as enshrined in the constitution, the Federal Environmental Protection Agency was first established but was later replaced with the Federal Ministry of Environment with the same duties of administering and enforcing environmental laws in Nigeria.
At the state level in the country, states of the federation, like Lagos State, have taken a giant step to make laws establishing their own local environmental protection agencies to compliment the federal government efforts.A good example is the Lagos State Environmental Protection Law which established the Lagos State Environmental Protection Agency.
Section 7 (g) of the Lagos State Environmental Protection Agency Law empowers the agency to monitor and control all forms of environmental degradation from agricultural, industrial and government operations. Section 8 of the law further empowers the agency to apply enforcement measures to combat environmental degradations in manufacturing premises and government operations.
There is no gainsaying that the construction and operation of that fish pond in the above scenario amounts to the wrong use of the residential quarters (the estate) where the pond is situate. The location of the fish pond in the estate also amounts to degradation of the host environment as its presence there worsens the environment by breeding mosquitoes thereby making the host environment ( the estate) infested with mosquitoes, especially anopheles mosquitoes that spread malaria rapidly among the residents.
The aggrieved residents of the residential estate in the scenario may petition the Lagos State Environmental Protection Agency on the menace of the fish pond in their neighbourhood.In response to such petition, the agency can take an appropriate action to abate the nuisance.
All said and done, assuming the Lagos State Environmental Protection Agency fails to act after receiving a petition in the circumstances, what can the petitioner do?
Let us meet at www.mylegalgists.blogspot.com on Monday, 15th June, 2015 when I will be doing justice to this poser.
Till then, stay blessed and have a splendid weekend!
Thank you.
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