THE ROLES OF ENVIRONMENTAL HEALTH OFFICERS IN DISASTERS AND EMERGENCY SITUATIONS

By Augustine Ebiske, Registrar, Environmental Health Officers Registration Council of Nigeria [EHORECON] At the 43rd Annual Conference/Scientific of Workshop organized by Environmental Health officers Association of Nigeria [EHOAN] in 12th October, 2010, Minna

Opening:
This presentation has been adapted from WHO book “Environmental health in
emergencies and disasters” A PRACTICAL GUIDE Edited by B. Wisner, J. Adams
(2002).

INTRODUCTION:
To be able to discuss this paper better, I will start from the meaning of the key words. According to (Wikipedia 2010), a disaster is a perceived tragedy, being either a natural calamity or man-made catastrophe. It is a hazard which has come to fruition. A hazard, in turn, is a situation which poses a level of threat to life, health, property, or that may deleteriously affect society or an environment.

In contemporary academia, disasters are seen as the consequence of inappropriately managed risk. These risks are the product of hazards and vulnerability. Hazards that strike in areas with low vulnerability are not considered a disaster, as is the case in uninhabited regions.

Furthermore, the word Disaster derives from Middle French word désastre and that from Old Italian word disastro, which in turn comes from the Greek word prefix 5ua-, (dus-) “bad”+ ή(aster), “star”. The root of the word disaster (“bad star” in Greek) comes from an astrological theme in which the ancients used to refer to the destruction or deconstruction of a star as a disaster.
According to (WHO 2002), Disasters are events that occur when significant numbers of people are exposed to extreme events to which they are vulnerable, with resulting injury and loss of life, often combined with damage to property and livelihoods.

Disasters, commonly leading to emergency situations, occur in diverse situations in all parts of the world, in both sparsely populated rural and densely populated urban regions, as well as in situations involving natural and man-made hazards. Disasters are often classified according to their speed of onset (sudden or slow), their cause (natural or man-made), or their scale (major or minor). Various international and national agencies that keep track of disasters employ definitions that involve the minimum number of casualties, the monetary value of property lost, etc.

The forces that bring vulnerable people and natural hazards together are often man made (conflict, economic development, overpopulation, etc) Some of the most serious disasters and emergencies are created or further complicated by conflict and the forced movement of large numbers of people.

One way in which disasters may cause, or worsen, emergency situations is through the damage they do to environmental health facilities and services.

The common effects of various natural disasters on environmental health services.

Flooding, power failures, broken pipes and blocked roads can all disrupt water, waste and food-handling services for hours or days. More severe damage to civil
engineering structures, from bridges to water mains, can cause disruptions lasting days or weeks. In aH such cases, contingency plans for temporary repairs and, when necessary, alternative water supplies and sanitation arrangements are required.

Some key words (as defined by WHO)
Disasters are events that occur when significant numbers of people are exposed to hazards to which they are vulnerable, with resulting injury and loss of life, often combined with damage to property and livelihoods.

Emergencies are situations that arise out of disasters, in which the affected community’s ability to cope has been overwhelmed, and where rapid and effective action is required to prevent further loss of life and livelihood.

Emergency planning is a process that consists of: determining the response and recovery strategies to be implemented during and after emergencies (based on assessment of vulnerability); responsibility for the strategies; the management structure required for an emergency; the resource management requirements.

Emergency preparedness is a programme of long-term development activities whose goals are to strengthen the overall capacity and capability of a country to manage efficiently all types of emergency and to bring about an orderly transition from relief through recovery and back to sustained development.
Emergency prevention is based on vulnerability assessment and concerns the technical and organizational means of reducing the probability or consequences of disasters and the community’s vulnerability.

Environmental health management is the intentional modification of the natural and built environment in order to reduce risks to human health or to provide opportunities to improve health.

Environmental health and disasters
Environmental health hazards and threats to human health from exposure to disease causing agents are closely associated with disasters and emergencies in a variety of ways. Some disasters may involve extreme events that affect a vulnerable population directly, such that their livelihoods and lifelines that support their basic needs are disrupted for a significant period of time. However, the disruption of livelihoods may also be indirect and, even though an emergency situation may not develop, people’s vulnerability to future disasters can be increased. An explosion and lire in an industrial quarter of a city might not kill or injure anyone directly, but the employment and income of large numbers of workers and their families may be interrupted. Indirectly, then, there may be an additional threat to the satisfaction of basic needs, since the unemployed workers may not be able to afford an adequate diet, pay rent or pay for health care.

These are precisely the kinds of circumstances that can increase a family’s vulnerability to future disasters.

A broad range of activities can be designed to enable the health sector to prevent, mitigate and respond to such hazards. Disasters and development are connected in ways that necessarily involve the contributions of environmental health professionals. Through better education and higher incomes, development can improve people’s capacity to cope with environmental health hazards. On the other hand, certain types of development can create new hazards or new groups of people vulnerable to them. Disasters can set back development, but they can also provide new development opportunities. strategic planning to increase the capacity of people to withstand disaster hazards must therefore include concerns for environmental health.

Environmental health activities are interdisciplinary, involving engineering, health sciences, chemistry and biology, together with a variety of social, management arid information sciences. In limes of disaster and recovery, people from many backgrounds engage in activities designed to monitor, restore and maintain public health. Likewise, health workers find themselves cooperating with others to help with non-health-related work, such as search-and-rescue, or work that is only indirectly related to health, such as public education.

Hazards and extreme events
A hazard is any phenomenon that has the potential to cause disruption or damage to humans and their environment. Hazards are the potential for an event, not the event itself. Extreme events are natural’ or man-made processes operating at the extremes of their range of energy, productivity, etc. For example, mudslides, floods, coastal storms, locust or rat invasions are all natural, but extreme events, and to some extent the likelihood of them occurring, may be estimated. Many extreme events, such as severe floods, have been monitored and recorded over many years and have a known probability of occurrence. Man-made hazards, such as the potential for leaks of dangerous chemicals or radiation, also exist and many so-called natural hazards become events or are exacerbated by human activity. For instance, flooding in Bangladesh during the 1990s was made worse because large numbers of discarded plastic bags blocked drainage systems. Extreme events create stress in human systems and structures because the forces involved are greater than those with which the systems and structures normally cope. For instance, all houses will withstand some wind, but beyond a certain wind speed all will fail. Many farming communities are able to cope with mild and occasional drought, but are overwhelmed by severe and repeated drought. Extreme events often occur in complex “cascades”. Earthquakes may trigger mud or rock slides. Debris may dam a river, producing an artificial lake that threatens downstream settlements with flooding if the dam is breached. Forest fires can produce barren slopes more prone to erosion and flash flooding. Earthquakes may cause electrical fires or explosions of natural gas. Where urban water supplies are stored in reservoirs, earthquakes can damage them, causing flooding and reducing the quantity of water available to fight fires.

The statistical probabilities of such extreme events occurring can be estimated with different degrees of confidence. Some events, such as floods and cyclones, are clustered seasonally. The recurrence of major rainfall and floods can be calculated, but specific floods are harder to predict.

Some natural events, such as the emergence of a fatal cloud of carbon dioxide and hydrogen sulphide from the depths of Lake Nyos in Cameroon in August 1986, are unexpected and are not amenable to preparedness measures.

Disasters are events that occur when significant numbers of people are exposed to extreme events to which they are vulnerable, with resulting injury and loss of life, often combined with damage to property and livelihoods.

Disasters, commonly leading, to emergency situations, occur In diverse situations in all parts of the world, in both sparsely populated rural and densely populated urban regions, as well as in situations involving natural and man-made hazards. Disasters are often classified according to their speed of onset (sudden or slow), their cause (natural or man-made), or their scale (major or minor). Various international and national agencies that keep track of disasters employ definitions that involve the minimum number of casualties, the monetary value of property lost, etc. Other definitions are used by countries for legal or diplomatic purposes, e.g. in deciding when to officially declare a region a “disaster area”. The terminology used here is less precise so as to co a broad range of situations. The forces that bring vulnerable people and natural -hazards to are often man-made (conflict, economic development, overpopulation, etc.)..

An example of natural and technological hazards combining in surprising ways was seen in Egypt in 1994. Heavy rain near the town of Dronka weakened railway lines.

A train carrying fuel was derailed and leaking fuel was ignited by electrical cables, causing an explosion. Finally, burning fuel was carried by flood waters through the town, killing hundreds of people (Parker & Mitchell, 1995).

Conflict
Some of the most serious disasters and emergencies are created or further complicated by conflict and the forced movement Of large numbers of people. Conflict is a major cause of direct and indirect land degradation, leading to greater risk of environmental disasters, and also consumes resources that could be used by society to reduce vulnerability to extremes in natural and technological hazards. Conflict also imposes the greatest demands on environmental health personnel, equipment, supplies and supporting service thus calling for the most skilful use of relief resources. The secondary impact of conflict, in terms of the public health problems it creates and the disruption of environmental health services it causes, are of major importance.
Volcanic
Common levels of impact of natural disasters on environmental health services
Most common effects on environmental health

Earthquake a Cyclone b Flood c Tsunami d Volcanic eruption
e



Water supply and wastewater disposal Damage to civil engineering structures 1 1 1 3 1
Broken mains 1 2 2 1 1
Damage to water sources 1 2 2 3 1
Power outages 1 1 2 2 1
Contamination (biological or chemical) 2 1 1 1 1
Transportation failures 1 1 1 2 1
Personnel shortages 1 2 2 3 1
System overload (due to population shifts) 3 1 1 3 1

Solid waste handling Equipment, parts and supply shortages 1 1 1 2 1
Damage to civil engineering structures 1 2 2 3 1
Transportation failures 1 1 1 2 1
Equipment shortages 1 1 1 2 1
Personnel shortages 1 1 1 3 1
Water, soil, and air pollution 1 1 1 2 1


Food handling Spoilage of refrigerated foods 1 1 2 3 1
Damage of food preparation facilities 1 1 2 3 1
Transportation failures 1 1 1 2 1
Power outages 1 1 1 3 1
Flood of facilities 3 1 1 1 3
Contamination/degradation of relief supplies 2 1 1 2 1



Vector control Proliferation of vector breeding sites 1 1 1 1 3
Increase in human/vector contacts 1 1 1 2 1
Disruption of vector-born disease control programmes 1 1 1 1 1
Home sanitation Destruction or damage to structures 1 1 1 1 1
Contamination of water and food 2 2 1 2 1
Disruption of power, heating fuel, water supply or waste disposal services 1 1 1 2 1
Overcrowding 3 3 3 3 2

KEY
I - Severe i,ossihle effect.
2 - Less severe possible effect.
3 - Least Of III Possible effect.

The effects of disasters on environmental health facilities and services

One way in which disasters may cause, or worsen, emergency situations is through the damage they do to environmental health facilities and services. See summary above. -

Flooding, power failures, broken pipes and blocked roads can all disrupt water, waste and food-handling services for hours or days. More severe damage to civil engineering structures, from bridges to water mains, can cause disruptions lasting days or weeks. In all such cases, contingency plans for temporary repairs and, when necessary, alternative water supplies and sanitation arrangements are required.

Transportation difficulties and shortage of personnel may cause disruption of vector control programmes, some conditions, such as flooding, may result in the proliferation of vector breeding sites which local vector-control programmes cannot deal with. Droughts may produce a series of problems for water-supply and sewage-. Treatment systems as a result of low flow from intakes end clogging of intakes; and electricity supplies may be unreliable if power generation is affected.

Emergencies
An emergency is a situation or state characterized by a clear and marked reduction in the abilities of people to sustain their normal living conditions, with resulting damage or risks to health, life and livelihoods. Disasters commonly cause emergency situations, both directly and indirectly. Evacuation or other necessary steps taken to avoid or flee from a disaster, for example, can cause disruption of normal life on a scale calling for emergency action. Sudden, large-scale movements of people within and between countries often produce emergency conditions. Dramatic loss of livelihoods and increased spending needs due to drought or flooding may place people in a very vulnerable situation.

A cholera epidemic may overwhelm the capacity of a city’s under-resourced health service, creating an urgent need for support. In such emergency situations, local coping mechanisms are overwhelmed and so collective, specialized and often external action is required. During an emergency, it is common to see primary effects of the disaster followed by secondary effects. For instance, the primary effect of a mudslide might be that many people are injured and need urgent medical attention. A secondary effect might be that blocked sewers and broken water mains lead to an outbreak of water- and sanitation related disease some weeks later, or that the loss of livelihoods through the destruction of vegetable gardens and workshops leads to reduced food intake and a nutrition emergency some months later. Human needs for non-material things, such as security and cultural identity can also be affected, and the psychological and social impacts of a disaster may be felt many years after the event.

Emergency situations are often described in public health terms, with the crude mortality rate (CMR) being widely accepted as a global measure of their severity. A CMR which is significantly higher than the rate in the affected population before the disaster, or which is above I death per 10 000 population per day (or 3 deaths per 1000 population per month) indicates an emergency situation.

CMRs in the emergency phase following various types of disaster may be many times the background rate for the region or the affected population. Many more deaths may occur during the post-disaster emergency phase than as a direct result of the disaster itself. However, mortality rates are trailing indicators that do not indicate problems before people die as a result of them, and do not indicate the nature of the problems. Therefore, other indicators concerning health, environmental, social and economic factors are important for understanding the nature of the emergency and how it is likely to change over time, and for understanding how to react effectively.

The term complex emergencies is used to describe situations of disrupted livelihoods and threats to life produced by warfare, civil disturbance and large-scale movements of people, in which any emergency response has to be conducted in a difficult political and security environment. A combination of complex disasters and natural hazards (e.g. Military and political problems combined with severe winter weather, coastal storms and flooding, drought and a cholera epidemic) was particularly devastating in the 1990s in such countries as Bosnia and Herzegovina, Iraq, Myanmar, Peru and Somalia.

Role of Environmental Health Officers In Disasters and Emergencies

From the presentation so far, we have seen what gets compromised in emergencies and disasters, As Environmental Health Officers our roles in these situations starts from the time before the disaster occurs.

Hazard mapping
The average frequency of occurrence and location of most extreme events can be determined with some degree of accuracy. While global maps of hazards, such as potential desertification, severe storms, and earthquake and volcanic activity, do exist a more detailed approach is of more use to environmental health and disaster planners. Historical records; physical data and computer simulations allow the production of detailed city, sub-national or national maps overlaid with zones of probable physical damage from such extreme events as landslides, floods, earthquakes, volcanic eruptions, storm surges and tsunamis.
The same approach can be taken with industrial accidents. Maps of the zones surrounding hazardous factories and (he routes used to transport hazardous materials, plus data on seasonal wind velocity and direction, can be used to predict the scale of possible hazards and determine the method of evacuation or other emergency response if leaks or explosions occur. Public and private records of past industrial activity can be a valuable resource for identifying the presence of physical hazards.

The survey should be organized by geographical region and should also profile the vulnerability of different ethnic and socioeconomic groups, Disparities and priority needs in such areas as water supply, drainage, sanitation, refuse and waste disposal, housing, and food hygiene should be documented. The prevalence of vector-borne and contagious diseases by region and by socioeconomic group should also be integrated into comprehensive risk planning.

Finally, the location and safety of industrial facilities in relation to settlements should be reviewed from the point of view of air, soil and water contamination, as well as the risk of radiation, fire, explosion and accidental poisonous emissions. Such baseline surveys can reveal who is more likely to suffer from an emergency directly related to environmental health as well as where this is most likely to occur.

Warning indicators
Early warnings
An extremely important component of preparedness, prevention and mitigation is the capacity to obtain and use early warnings of impending hazards or threats. There are limitations and obstacles to the timely forecast of extreme events, however, and a number of factors can also limit the effectiveness of warnings in influencing public behaviour. Both sets of constraints must be borne in mind by environmental health managers. Warning systems vary greatly, as does the amount of forewarning that they give. Warnings must give sufficient time to enable environmental health preparedness and prevention activities to be carried out.

Stow-onset hazards
In the case of slow-onset hazards, such as drought and certain outbreaks of plant, animal and human disease, there is often a tong warning time. Meteorological services are increasingly capable of reliable forecasts of climate patterns several

Environmental health indicators, in combination with routine activities carried out by veterinarians nutritionists and epidemiologists, can be used to provide early warnings of some of these slow-onset hazards. Some African countries have systems for early warning of famine, which are linked to nutrition surveillance. In Botswana, for example, monthly returns from weighing and measuring children in well-baby clinics are automatically screened for anomalies. These data, together with crop and livestock data, are used to trigger a variety of timely drought-response measures, including supplementary feeding, public works as a form of income supplement and the exemption of affected families from paying taxes.

Hazards with moderate warning time
A number of hazards, have an intermediate range of warning times. Those responsible for environmental health should be among the first to be informed by the authority issuing the alert or provisional warning, in advance of any public announcement. An effective communication system should be established and the readiness of supplies, equipment, transport, communications and personnel should be confirmed. There may also be specific actions that managers can take to increase the level of protection of vital facilities or to prepare for possible evacuation. For instance, a volcanic eruption can usually be foreseen by a few days, if not as long as a few weeks or even months in advance, and the affected population can be evacuated in good time. Ash fall from volcanoes can contaminate and clog water- storage facilities and treatment plants and, with sufficient warning, steps can be taken to protect water supplies from this hazard.

Warning of industrial accidents
Advance warnings of large-scale accidents in industry, transportation, etc., are limited by the nature of the events concerned. For example, in Bhopal, India, there was no advance warning of the cloud of methyl cyanide that descended on the residents. In the case of the explosions in the sewer system of Mexico’s second largest city, Guadalajara, in 1992, citizens had been complaining for several days to the authorities about the smell of petrol. Frequent inspections of high-risk factories and, for example, bridges and dams can reveal structural weaknesses.

Warning of refugee movements
Civil unrest or war in one country should alert the relevant authorities of neighboring countries that an influx of refugees is possible. Several weeks’ or even months’ warning may be provided. Arrangements can then be made to receive and accommodate refugees, especially where there has been a prior history of cross- border movements and where food, medical supplies, blankets and tents or tarpaulins have been stockpiled.

After the Disaster:23
After all the planning, and finally the disaster occur, there is need for environmental health intervention and support. This will be needed in the areas of food supply, housing, drinking water, sewage disposal.

Short-term shelter in existing buildings
In many situations, people may independently seek shelter in buildings such as schools, community centres, offices, sports facilities, and even railway carriages and wagons. Such buildings are often also used for organized short-term evacuation centres The evacuation centre should be as close as possible to the neighborhood or rural community concerned but far enough from the disaster site to avoid secondary hazards. This avoids the additional stress and health dangers of a long journey, and enables survivors to have access to their former dwellings, which is psychologically important. Buildings used as short-term reception areas should be thoroughly inspected by a suitably qualified person, to ensure that they are not structurally damaged, or sited near potential secondary hazards.

Such buildings will probably have at least some running water and toilets, and some may even have kitchens. For large numbers of people, however, these will have to be supplemented. Military barracks or youth camps are usually better equipped for large numbers of people, but have the disadvantage of often being sited further away from population centres. Whatever the buildings used as temporary accommodation, it is very important that they are only used for a short period, and that they are cleaned and maintained intensively, to avoid a rapid deterioration in environmental health conditions.

• People sleeping on beds or mats should have a minimum of 3.5m2 of floor area or 10m3 of air space, In rooms with high ceilings, double bunk beds may be used.
• Beds or mats should be separated by a minimum distance of 0.75 metres.
• Adequate ventilation is required. The amount of fresh air needed is approximately 20—30m3 per person per hour. It may be necessary to provide mechanical ventilation. Whenever possible, smoking and the use of cooking fires in the shelter should be strongly discouraged.
• An ambient temperature of I 5—I 9 °C is desirable, but lower temperatures can be tolerated with warm clothing, In cold climates, buildings may need extensive repairs and modificatiohs for winter conditions, particularly in conflict situations here windows and insulation material may have been removed or destroyed.
• To avoid very high temperatures in hot climates, buildings can be modified to increase shade, ventilation and thermal capacity.
• Buildings should have emergency exits and fire escapes; the flues of stoves used for space heating should extend outside the building; overloading of electrical circuits should be avoided; lanterns and lamps should be placed or suspended so as to avoid dangers; and liquid fuels should be stored outside the building. Clear instructions on fire hazards and safety practices should be displayed in conspicuous places and drawn to the attention of residents, fire-fighting equipment should be available and properly maintained. A group of volunteers from among the survivors should be taught about the possible fire hazards and trained in the use of fire-fighting equipment.
• Access to sufficient water for drinking, cooking, and personal and domestic hygiene should be provided.
• One wash basin should be provided for every 10 people or 4—5 metres of wash bench for every 100 people; there should be separate benches for men and women, and waste receptacles at each bench. One shower head is needed for every 50 people in temperate climates and one for every 30 people in hot climates. Floors must be disinfected daily.
• Arrangements must be made for human waste disposal. Water-flushed toilets may be available in existing buildings if the water supply has not been interrupted.

Outside latrines should be located within 50 metres of the building, but at least 20 metres away from the kitchen, dining hall and water supply.
One refuse bin of capacity 50—1 00 litres should be provided for every 12—15 people. The bins should have tightly fitting lids. Special arrangements for the
collection of refuse may be needed if the normal collection service is interrupted.
Site selection and arrangement of emergency settlements

When existing buildingsare not vailable, one possibility is to use tents or makeshift shelters made of plastic sheets, tarpaulins, or local materials, such as palm thatch, in a secure location where water, sanitation and food can be provided. Emergency settlements for refugees and displaced people need to be established rapidly. However, they may be in service for months or even years, and it is usually impossible to know at the outset of an emergency how long the emergency settlement will exist. Therefore, the measures listed below are designed to provide healthy living conditions for disaster-affected people in both the short term and the long term.

The requirements that ensure that temporary camps are healthy environments are considered below
• The site should be free of major water-related hazards such as malaria, onchocerciasis (river blindness), schistosomiasis (bilharzia) and trypanosomiasis (sleeping sickness). If these diseases are endemic, care shou!d be taken to avoid or control vector habitats and provide persona! protection against mosquitoes, black flies, tsetse flies, etc.
• The topography of the land should permit easy drainage and the site should be located above flood level. Rocky, impermeable soil should be avoided. Land covered with grass will prevent dust, but bushes and excessive vegetation can harbour insects, rodents, reptiles, etc., and should be avoided or cleared. Wherever possible, steep slopes, narrow valleys, and ravines should be avoided. Ideally, the site should have a slope of 2—4% for good drainage, and not more than 10% to avoid erosion and the need for expensive earth-moving for roads and building construction.
• Whenever possible, the area should be naturally protected from adverse weather conditions.
• Areas adjacent to commercial and industrial zones, exposed to noise, odours, air pollution and other nuisances should be avoided.
• Areas sufficiently close to blocks or rows of shelters should be identified for sanitation and waste management. The residential area of the camp should face the prevailing wind to avoid odours from latrines.
• There should be ample space for the people to be sheltered and for all the necessary public facilities such as roads, firebreaks (areas without buildings and with little or no flammable vegetation) and service areas (30m2 per person, or 45m2 per person allowing for small gardens, but not for full-scale agricultural activities). Areas for public spaces, markets, etc. should be defined from the beginning.
• Food distribution areas should be organized so as to create safe conditions for people collecting food, as well as for those distributing it.
• To facilitate the management and control of communicable diseases, camps should hold no more than 10000—12000 people or should be subdivided into independent units of no more than 1000 people.
• Drainage ditches should be dug around the tents or other shelters and along the sides of roads, especially if there is a danger of flooding. Care should be taken to lead water away from shelters, latrines, health centres, and stores. Persistent areas of stagnant water that are difficult to drain can be backfilled, or covered with polystyrene balls or a thin layer of oil, to control insects. Water points should also have adequate drainage to avoid mud.
• The site should be provided with at least two access roads for reasons of security and to reduce the risk of the site being cut off due to floods or other problems with roads.
• The surface of roads can be sprinkled with water to keep dust down. Sullage wastewater can sometimes be used to keep down dust on dirt or gravel roads. Restricting traffic and imposing speed limits can also help to reduce dust.
• Shelters should be arranged in rows or in clusters of 10—i 2 on both sides of a road at least 10 metres wide to permit easy traffic flow and access by ambulances or fire fighting vehicles. In tented areas, there should be at least 2 metres between the edge of the road and the tent pegs.
• Built-up areas should be divided by 30 metres wide firebreaks approximately every 300 metres. Firebreaks can be used for locating roads and recreation areas.
• Shelters should be spaced 8 metres apart so that people can pass freely between them without being obstructed by pegs and ropes. This spacing also helps to prevent the spread of fire, If this is riot possible owing to a lack of space, the distance between shelters should preferably be at least twice the overall height of each shelter, and should never be less than 2 metres. A separation greater than 8 metres may lead to open defecation and should be avoided.
• There should be a minimum of 3.5m2 per person inside the shelter in warm climates where cooking is done outside, and, 4.5—5.5m2 per person in cold climates where cooking is done inside the shelter.
• Shelters may be tents or prefabricated units or may be built out of plastic sheeting together with timber, stone and thatch. Where plastic sheeting is used, it is common to provide one piece, 4 metres by 6—7 metres, per household.
• Small shelters with few occupants are preferable to large shelters with many occupants.
• In cold weather, kerosene stoves or other heating appliances should be provided and people should be instructed in their use; every precaution must be taken to prevent fires and explosions.
• In the absence of electric lighting, wind-proof kerosene or oil lamps, or battery operated lanterns, should be provided for lighting shelters, toilets and roads.
• Natural ventilation should normally be adequate for temporary shelters such as tents.
• The site chosen should be within reasonable distance of an ample source of good water and, ideally, near some high ground from which water can be distributed by gravity; water sources should gradually be improved and protected once basic needs are satisfied. No one should have to walk more than 500 metres to a water point, and there should be at least one water point for every 250 people.
• Where there is no piped water, water tanks should be installed on both sides of the road.
• Refuse bins should be provided
• Latrines or other facilities for excreta disposal should be provided (at least one toilet per 20 people) and gradually improved as time and resources allow. The dangers of indiscriminate defecation should be emphasized in health education. Maintenance of toilets must be given priority in health education and camp organization.
• Bathing, laundry and disinfection facilities should be provided, and health education should emphasize the importance of frequent hand-washing. One double sided ablution bench (3 metres long) should be provided for every 50 people.
• The camp site should be cleaned regularly according to a prearranged schedule. Participation by camp residents in the cleaning of the camp should be encouraged. Young residents can be organized into teams responsible for cleaning and reporting possible health and environment problems.
• Separate accommodation is necessary for unaccompanied children, with provision for adults (welfare staff and/or community volunteers) to stay with them; there should be at least one adult per shelter or room. These children may be very disoriented and frightened, and array also have special nutritional needs. The shelters should be situated near the nutritional rehabilitation centre and field hospital, and as far from sources of secondary hazards, noise and contamination as possible.
• In conflict- and famine-related disasters, many people may be suffering from malnutrition and debilitation when they arrive, so specialized services such as intensive or therapeutic feeding may be needed. Intensive feeding or nutrition rehabilitation units should be provided with up to 15—30 litres of potable water per bed per day. Also, special care needs to be given to latrines and other waste disposal facilities used by parents, children and staff. Means for hand-washing by all staff and parents concerned with child feeding are also important.

Conclusion:
In conclusion, Environmental Health Officers have a great role to play in Disaster and Emergencies both before such situations arise and its long term management. It is for us as professionals to ensure that we stand up to the challenge faces by both disaster and Emergency situations.

References
Environmental health in emergencies and disasters” A PRACTICAL GUIDE (WHO
2002) edited by B. Wisner, J. Adams (2002).

INVITATION TO THEMATIC MANDATORY CONTINUING EDUCATION PROGRAMME FOR REGISTERED ENVIRONMENTAL HEALTH OFFICERS IN NIGERIA: APPLICATION OF HEALTH SAFETY AND ENVIRONMENT IN MODERN ENVIRONMENTAL HEALTH PRACTICE

The Council has organised series of Modules 1 & 2 of the Mandatory Continuing Education Programme (MCEP) for Registered Environmental Health Officers across the Country. In consideration of modern day realities, it has become imperative for the Council to upgrade the Programme with a view to addressing thematic Environmental Health Areas to enable EHOs have mastery in such areas. The Thematic Programme is intended to usher in a new era in which license renewal is based on a credit earning system where EHOs are expected to earn from various Council recognised Training Programmes, a minimum of 75 credit points to be eligible for renewal of license.

2. To this end, the Council started with the first thematic training with the theme Legal Intervention and Procedures in Environmental Health Litigation” which was held in Lafia, Nasarawa State. The next in the series of training is with the theme “Application of HSE in Modern Environmental Health Practice” for which EHOs who have participated in the MCEP Modules 1 and 2 are entitled to attend, but on presenting evidence of participation in both modules. The Programme will hold as follows:

Date: Thursday, 24th to Friday, 25th May, 2012
Venue: Merit Hotel, Sapele Road, Benin-City, Edo State
Arrival/Departure: Arrival is Wednesday, 23rd while departure is Saturday,
26th May, 2012
3. Participation fee is Twenty Thousand Naira (N 20, 000.00) only
payable into EHORECON’s Account No. 1400015223 at Enterprise Bank.
This will cover Tea break, Lunch, Conference Bag and Materials.
Furthermore, attendance must be in the official National Uniform.

4. The Council would be grateful if this information is disseminated to
all concerned EHOs in your State.
5. Please be assured of the Council’s esteemed regards.


Isah Adamu
For: Registrar

JURISDICTION AND COURTS ESTABLISHED BY THE CONSTITUTION

Being a paper presented at the Mandatory Continuing Education Programme on 'Legal intervention and procedures in environmental health litigation' at Ta'al conference Hotel. Lafia, 0n 18-20th April, 2012


By Barrister S. O. Abiloro

Jurisdiction is genuine and fundamental in every proceeding in court. If a court adjudicates over a matter which it has no jurisdiction, no matter how brilliant the judgment is, its efforts and proceedings are nullity abinitio.
Jurisdiction may be by reference to constitution or composition of the court. The law specifies the number of judges that must seat in a given matter failing which the court cannot competently handle the matter.

Jurisdiction may also be determined by geographical area of operation of the court.
The leading authority on the essentials of jurisdiction is the case of Madukolu V. Nkemdilim (1962) S.C.N.L.R 341. A court has jurisdiction:
i. When it properly constituted as regards members and qualifications of the members of the Bench and no number is disqualified for any reason.
ii. When the subject matter of the case is within its jurisdiction.
iii. And when the case comes before the court initiated by due process of law, and upon fulfillment of any condition precedent to the exercise of jurisdiction.
CFRN 1999 established seven (7) superior courts of record in Nigeria and confer on them both original and appellate jurisdiction in respect of certain matters.

CATEGORIES OF COURTS IN NIGERIA
1. Supreme Court
2. Court of Appeal
3. Federal High Court
4. High Court of the Federal Capital Territory
5. High Court of a State
6. Sharia and Customary Court of Appeal of the Federal Capital Territory
7. Sharia and Customary Court of Appeal of a State

SUPREME COURT OF NIGERIA
This is the highest in the hierarchy of courts in Nigeria. Section 232(1) of CFRN 1999 provides for the establishment of the Supreme Court.
The composition consists of the Chief Justice of Nigeria and such number of justice not exceeding twenty-one (21) as may be prescribed by an Act of the National Assembly.
Appointment of Chief Justice of Nigeria and other Justice of the Supreme Court are appointed by the President of the Federal Republic of Nigeria on the recommendation of National Judicial Council subject to confirmation of such appointment by the senate.
JURISDICTION
The Supreme Court has both original and appellate jurisdiction.
Original Jurisdiction
Section 232(1) of 1999 CFRN provides that the Supreme Court shall to the exclusion of any other court have original jurisdiction in any dispute between:
(a) Federation and a State
(b) Between States
(c) Original jurisdiction as may be conferred by the National
Assembly.
Additional Original Jurisdiction conferred upon the Supreme Court by Section 232(1) shall to the exclusion of any other court, have original jurisdiction in any dispute between:
(a) National Assembly and the President
(b) National Assembly and any State House of Assembly
(c) National Assembly and a State of the Federation
APPELLATE JURISDICTION
An appellate court derives its jurisdiction from the statute creating it, including the 1999 constitution and other enabling statutory provisions.
The constitution provides that no any other court of Law in Nigeria has power/authority to hear and determine appeals from the Court of Appeal. The Supreme Court has the exclusive jurisdiction.
The decision/judgment of the Supreme Court is final and appeal lies to nowhere.
Section 234 of CFRN provides that for the purpose of exercising any jurisdiction conferred upon it. Supreme Court shall be properly constituted if it consists of not less than five (5) justices of S.C.
However, the Supreme Court shall be duly constituted by seven (7) justices. Such instances include the following
(i) Interpretation of Constitution
(ii) A question whether any of the provisions relating to fundamental human rights has been, is being or is likely to be contravened, or
(iii) The exercise of its original jurisdiction
However, there are occasions where the Supreme Court can set aside its decision in certain circumstances. Such cases are as follows:
(i) If the judgment is obtained by fraud
(ii) If the judgment is a nullity such as when the court itself was not competent or
(iii) If the court is misled into giving judgement under a mistaken belief that the parties had consented to it, or
(iv) If the judgment is given in the absence of jurisdiction
The Chief Justice of Nigeria is empowered under the 1999 constitution. Section 234 to make rules for regulating the practice and procedure of the Supreme Court.
COURT OF APPEAL
Court of Appeal (CA) is next to the Supreme Court in the hierarchy of Nigeria Court System. The Court is established by Section 237 of 1999 CFRN. Its composition consists of a President of the Court of Appeal and other Justice of the Court of Appeal not less than forty-nine (49) in number. Three of which shall be learned in Islamic Personal Law and three others learned in Customary Law.
The President of the Court of Appeal is appointed by the President of Federal Republic of Nigeria based on the recommendation of the National Judicial Council subject to the confirmation of the Senate.
The Court of Appeal has both original and appellate jurisdiction.
Original Jurisdiction
Section 239 of the 1999 CFRN provides for the original jurisdiction of the Court of Appeal in respect of the following matters.
(i) Whether any person has been validly elected to the office of the President or Vice President.
(ii) Whether the term of the office of the President or Vice President has ceased or
(iii) Whether the office of the President or Vice President has became vacant.

Appellate Jurisdiction
Section 240 of CFRN provides that the Court of Appeal shall have appellate jurisdiction to the exclusion of any other court of law in Nigeria to hear appeals from the Federal High Court, State High Courts including FCT and other Lower Courts.
The Court shall be duly constituted if it consists of not less than three (3) justices of Court of Appeal.
However, it could be more than three (3) justices depending on the nature and circumstances of the appeal or the matter before the court.
And Section 248 of the 1999 CFRN empowers the President of the CA to make rules for regulating practice and procedure of the court of Appeal.
FEDERAL HIGH COURT
This is a Federal Court established by Section 249(1) of the 1991 CFRN and consists of a Chief Judge and such number of Judges as may be prescribed by an Act of the National Assembly.
The Chief Judge and other Judges of the Federal High Court are appointed by Mr. President on the recommendation of National Judicial Council subject to the confirmation of the Chief Judge only. Jurisdiction of the FHC covers the entire country.

The Exclusive Jurisdiction of FHC according to Section 251(1) of the 1999 CFRN covers the following matters:
(i) Revenue of Government
(ii) Taxation
(iii) Custom and excise
(iv) Banking and Fiscal Measures
(v) Operation of CRMA
(vi) Copyright, Trade mark, patent and designs
(vii) Admiralty
(viii) Diplomatic, Consular of trade representatives
(ix) Citizenship
(x) Bankruptcy and insolvency
(xi) Aviation and safety of aircraft
(xii) Arms and ammunition
(xiii) Drugs and poisons
(xiv) Mines and Minerals
(xv) Weights and measures
(xvi) Administration and management of any government agency e.t.c.
(xvii) Interpretation of constitution as it affects the Federal Government and its agencies
(xviii) Action for declaration or injunction against the Federal Government and its agencies
And any other jurisdiction conferred by the National Assembly.
In addition to the exclusive jurisdiction of the FHC, the Court also exercise concurrent jurisdiction with the State High Court in respect of the following:
(a) Enforcement of fundamental human rights
(b) Reference of questions as to interpretation of constitution
In Grace Jack V. University of Agriculture, Markurdi (2004) NWLR (part 865) 2009 SC held that by virtue of order 1 Rule 2 of the fundamental right (Enforcement Procedure) Rules made pursuant to the 1999 CFRN, the Federal High Court and the State High Court have concurrent jurisdiction in respect of the enforcement of Federal High Court.
The Federal High Court has Appellate Jurisdiction in the followings matters:
(a) Decisions of Appeal Commissioners established under companies Income Tax Act and the Personal Income Tax Act.
(b) Decisions of the Customs, Immigration and Prison Services Board.
(c) Decisions of Magistrates’ Courts in respect of mattes transferred to such courts in pursuant to the Act.
(d) Decisions on any other body established by or under any Federal enactment of law in respect of matters concerning which jurisdiction is conferred by the Act.
The FHC is duly constituted by one judge.




THE STATES HIGH COURT AND THE FEDERAL CAPITAL TERRITORY, ABUJA
The State High Court is established for each state of the Federation by Section 270(1) of 1999 CFRN and consists of a Chief Judge of the state and such number of judges as may be prescribed by the House of Assembly of the State.
Their appointment is made by the Governor on the recommendation of National Judicial Council.
The jurisdiction of the State High Court is provided for in Section 272(1) as follows:
“The High Court of a State shall have jurisdiction to hear and determine any civil proceeding in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue”.
“The jurisdiction conferred on the State High Court by Section 272(1) covers original, appellate as well as supervisory jurisdiction”.
A High Court of a State shall be duly constituted if it consists of at least one judge of that court.
Section 257(1) and 272 of the CFRN provide for general jurisdiction of the High Court of Federal Capital Territory and state respectively.
The general jurisdiction of the High Court is limited by the following provisions:
(a) Exclusive jurisdiction of Federal High Court in Section 251(1)
(b) The jurisdiction of the Sharia Court of Appeal in matters of Islamic Personal Law in Section 277.
(c) The jurisdiction of the Customary Court of Appeal in respect of Customary Law in Section 282.
Both the Federal High Court and State High Court perform concurrent jurisdiction in respect of two matters.
(a) Enforcement of Fundamental Human Rights
(b) Reference of questions as to interpretation or application of the constitution.

Transfer of Cases from Federal High Court to the State High Court
vice-versa
Section 22(2) of the Federal High Court Act (amended/empowers) the Federal High Court to transfer cases wrongly commenced in it to the State High Court instead of being struck out.
State High Court to the Federal High Court, although Section 22(3) of the Federal High Court Act (as amended) provides that the High Court of the States and Federal Capital Territory shall not strike out but transfer a matter wrongly commenced in the court.

SHARIA COURT OF APPEAL
The Sharia Court of Appeal is established by Section 275 of the 1999 CFRN for any state that requires it but mandatory in the Federal Capital Territory.
The Court consists of a Grand Kadi and such other number of Kadis of the Court as may be prescribed by the House of Assembly in the case of a state.
The Grand Kadi and the Kadis of the Sharia Court of Appeal of a state are appointed by the Governor on the recommendation of National Judicial Commission (NJC) subject to the confirmation of such appointment by the House of Assembly of that state in the case of the Grand Kadi only.
In the Federal Capital Territory, the appointment of the Grand Kadi is by the President on the recommendation of NJC subject to confirmation of such appointment by the Senate.
Section 262 of the 1999 CFRN provides that the Sharia Court of Appeal shall exercise both appellate and supervisory jurisdiction in civil proceeding involving questions of Islamic Personal Law.
For the purpose of exercising its jurisdiction, the Sharia Court of Appeal shall be duly constituted if it consists of at least three (3) Kadis of that Court.

CUSTOMARY COURT OF APPEAL
The Customary Court of Appeal is established by the 1999 CFRN for any state of the Federation that requires it but mandatory for the FCT.
The Court consists of a President of Customary Court of Appeal and such other judge of the court as it may be prescribed by the House of Assembly in the case of a state. The President and Judges of the Customary Court of Appeal of a state are appointed by the State Governor on the recommendation of National Judicial Council subject to the confirmation of such appointment by the House of Assembly in the case of the President of the Court only.
In case of the FCT, the appointment is made by the President of Federal Republic Nigeria on the recommendation of National Judicial Commission subject to the confirmation of Senate in case of the President of the Court only.
The Customary of Appeal has no original jurisdiction but has both Appellate and Supervisory Jurisdiction in civil proceedings involving question of customary law as may be prescribed by law of House of Assembly in case of a state or Act of National Assembly in the case of the Federal Capital Territory. The Customary Court of Appeal shall be duly constituted if it consists of at least three (3) Judges of that court.

COURT ESTABLISHED BY STATES AND THE FEDERAL CAPITAL
TERRITORY
Apart from the seven (7) Superior Court of Records created by the CFRN, all the states of Federal and the Federal Capital Territory, Abuja have enacted laws establishing inferior courts. These courts are:
1. The Magistrate Courts established by the Magistrate Court Law of the State of Southern Nigeria. Apart from minor variations relating to the Grades of the Magistrates and their financial limits, the subject matter in respect of which Magistrates’ Courts are vested with jurisdiction are more or less the same in all the states of the Federation.
The state is divided into magisterial districts by the Chief Judge of the State and a Magistrate Court is established for each district. For example, currently there are six grades of Magistrate Courts in Lagos State vis:
(i) Chief Magistrate Grade 1
(ii) Chief Magistrate Grade 2
(iii) Senior Magistrate Grade 1
(iv) Senior Magistrate Grade 2
(v) Magistrate Grade 1
(vi) Magistrate Grade 2
Magistrates only hear matters that are within their magisterial district and do transfer wrongly instituted matters to the appropriate magisterial district.

(A) SUBJECT MATTERS
Their jurisdiction covers the following subject matters:
(i) All personal actions arising from contract or from tort or from both.
(ii) All actions between landlord and tenant
(iii) All actions for recovery of penalty, rates, expenses or contribution
(iv) Actions to grant injunction or order to stay waste or for the detention and preservation of any property or to restrain breach of contract or torts.

(B) FINANCIAL LIMITS
Their jurisdiction covers the following financial limits:
(i) Chief Magistrate Grade 1 and 2 - One million naira
(N1m) only
(ii) Senior Magistrate Grade 1 and 2 - Seven hundred and
fifty thousand naira
(N750,000.00) only
(iii) Magistrate Grade 1 and 2 - Five hundred thousand
naira (N500,000.00) only.

DISTRICT COURTS
District Courts are established by the District Court Act/Laws for the Federal Capital Territory, Abuja and the states of Northern Nigeria. The various states in the North have their laws establishing and defining the jurisdiction it covers.
In the Federal Capital Territory, Abuja for example, there are six (6) grades of District Judges vis:
(i) Chief District Judge 1
(ii) Chief District Judge 2
(iii) Senior District 1
(iv) Senior District 2
(v) District Judge 1
(vi) District Judge 2

(A) SUBJECT MATTER
All grades of District Judges are vested with jurisdiction in respect of the following matters:
(a) All personal suits arising from contract or tort or both
(b) All personal suits between landlord and tenant for
possession of premises
(c) All nations for recovery of any penalty, rates, expenses and
contribution
(d) Actions for grant of injunction e.t.c.

(B) FINANCIAL LIMIT
The financial limits of the various grades District Court Judges in respect of financial limit.
(i) Chief District Judge I - Two hundred and fifty thousand
naira (N250,000.00) only
(ii) Chief District Judge II - Two hundred thousand naira
(N200,000.00) only
(iii) Senior District Judge I - One hundred and fifty thousand
naira (N150,000.00) only
(iv) Senior District Judge II - One hundred thousand naira
(N100,000.00) only
(v) District Judge I - Fifty thousand naira
(N50,000.00) only
(vi) District Judge II - Twenty-five thousand naira
(N25,000.00) only
AREA COURT
Area Courts exist in the Northern parts of Nigeria including the Federal Capital Territory, Abuja. For example, in Kano State, there are three (3) grades Area Court Judges under the Area Court Law of Kano State.
(i) The Upper Area Court
(ii) The Area Court I
(iii) The Area Court II
The jurisdiction of the Area Court under that Law includes the following:
(a) All questions of Islamic Personal Law
(b) Matrimonial Causes and matters between persons married under customary law
(c) Suit relating to custody of children under customary law
(d) Civil actions involving debt demand and damages
(e) Matters relating to succession to property and the administration of estate under customary law
(f) Matters concerning ownership, possession or occupation of land
SHARIA COURT
Sharia Court is a feature of the judicial system of the Northern States. Some states in the Northern Nigeria have established the Sharia Court. For example, in Zamfara State. The court is divided into 3 grades as follows:
(i) Upper Sharia Court
(ii) Higher Sharia Court
(iii) Sharia Court
The jurisdiction of the Sharia Court relates to Civil Proceedings in Islamic Law in respect of right, power, duty, liability, privilege, interest, obligation or claim in issue.
CUSTOMARY COURT
Customary Courts are established by Customary Court Law of the States of Southern Nigeria as an alternative to the Area Courts in the North. The jurisdiction of Customary Court in Lagos State for example covers the following:
(i) Matrimonial Causes and other matters between persons married under customary law
(ii) Suits relating to guardianship and custody of children under customary law
(iii) Matters relating to inheritance upon intestacy and the administration of intestate estate under customary law
(iv) Other cases or matter for debt demanding or damages.
The jurisdiction of the court is limited to the value of five hundred naira (N500.00) only.

NATIONAL INDUSTRIAL COURT
The National Industrial Court is not one of the courts directly established by the constitution. The court is created by an Act of National Assembly. The Court consists of the president and not less than twelve (12) judges.
The president of the court and the judges are appointed by the President of the Federal Republic of Nigeria on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate in the case of President only.
The court has an exclusive jurisdiction in the following matters:
i. Labour including trade unions, industrial relations, environment, conditions of work, health, safety, welfare of labour and incidental matters.
ii. Grant of order to restrain strike, lock-out or any industrial action.
iii. Determination of any question as to the interpretation of any collective agreement, arbitral award relating to labour, terms of settlement of labour dispute, trade union constitution and any judgement of the court.
The court shall be duly constituted by not less than three (3) judges when sitting. However, a single judge may sit and hear interlocutory application or a preliminary matter in any proceeding.

REFERENCE BOOKS
1. A. F. Afolayan and P. C. Okorie, 2007 Modern Civil Procedure Law, Dee-Sage Nigeria Ltd, Ojodu Lagos, Page 8-47.

2. Sylvester O. Imhanobe, 2008 Lawyer’s Deskbook, Rehoboth Publishing Ltd, Lagos. Page 5-20.

3. Constitution of the Federal Republic of Nigeria (CFRN).

4. The Nigeria Weekly Law Report (NWLR)

SOURCES OF LAWS, RULES, & GUIDELINES IN ENVIRONMENTAL HEALTH

By
O. S. Adeniyan

Being a paper presented at the Mandatory Continuing Education Programme on 'Legal intervention and procedures in environmental health litigation' at Ta'al conference Hotel. Lafia, 0n 18-20th April, 2012

Sources of law means the origin from which rules of human conduct come into existence and derive legal force or binding characters. It also refers to the sovereign or the state from which the law derives its force or validity.
Generally, sources of law from most nations are:
• Precedents
• Customs
• Legislation
Precedents
Precedent is one of the sources of law. The judgments passed by some of the learned jurists have become a significant source of law. When there is no legislation on a particular point which arises in changing conditions, the judges depend on their own sense of right and wrong and decide the disputes. Such decisions become authority or guide for subsequent cases of a similar nature and they are called precedents. The Gilbert Law Summaries Pocket Size Law Dictionary defines a judicial precedent as a previously decided case which is used as an example or authority for similar cases which subsequently arise. Precedent therefore is a judgment or decision of a court of law cited as an authority for deciding a similar state of fact in the same manner or on the same principle or by analogy. Precedent is more flexible than legislation and custom. Precedents are not binding on courts in narrow senses, but usually the decision of a higher or Supreme Court is binding on all of its subordinate courts. However, the higher courts can overrule their own judgments.

Customs
A custom is a rule which in a particular family or in a particular district or in a particular section, class or tribe, has from long usage obtained the force of law. The Law Dictionary defines custom as a practice which, through long, repetitious use and common acceptance, has gained the status of unwritten law in a particular area. Custom as a source of law got recognition since the

emergence of Savigny on the horizon of jurisprudence. It is an exemption to the ordinary law of the land, and every custom is limited in its application.

Legislation
Legislation is a set of laws made by a legislative body; regulations adopted by a lawmaking body. Legislation is a direct source of law. The legislative body has power to make laws and amend the old laws and cancels the existing ones. In modern times this is the most important source of law making. The legislative body not only creates new rules it also sweeps away existing inconvenient rules. It has to be passed by both the House of Representatives and the Senate that make up the legislative body for the Federation. The making of a new law starts as a bill. Here the bill is discussed and debated by the members of the legislature and is often amended before it is passed.

However, the major sources of Nigerian law in addition to precedents, legislation and customs include the following:
• The Constitution
• Nigerian Legislation
• English law
• Customary law

The Constitution
In Nigeria, the constitution refers to the document containing the substance of the law of the country. In its loose and abstract sense, it may mean, “the system of laws, custom and conventions which define the composition and powers of organs of the State, and regulate the relations of the various state organs to one another and to the private citizen. The Constitution of the Federal Republic of Nigeria is superior to all other laws of the land and it regulates the judicial, executive, and legislative organs of government. The current Constitution is the 1999 Constitution. And it came into operation on May 29, 1999.
Nigerian Legislation (Acts, Decrees, Edicts)
The Constitution of the Federal Republic of Nigeria 1999 regulates the distribution of legislative business between the National Assembly which has power to make laws for the Federation and the House of Assembly which has power to make laws for the State. The current legislation in force at the federal level is largely contained in the Laws of the Federation of Nigeria 2004 (LFN). Laws made after the 2004 revision exercise of the federal laws are to be found in the Annual Volumes of the Laws of the Federal Republic of Nigeria. Federal laws under the Military, known as Decrees, and State laws, known as Edicts, form the bulk of the primary legislation.

Each of the 36 states and the Federal Capital Territory (FCT) Abuja has its own laws. Some states have in recent times undertaken law revision exercises to present their laws in a compact and comprehensive form to update the laws and guarantee easy access. Most of the pre-1990 Decrees were incorporated into the LFN and those patently incompatible with the new constitutional order were repealed on the eve of the inauguration of a new democratic government in May 1999. Primary and subordinate legislation in force on the coming into operation of the Constitution are treated by the Constitution as existing laws and deemed to have been made by the appropriate legislative body with competence to do so under the 1999 Nigerian Constitution. Legislation has been described as the most important source of Nigerian law. This is partly because all other sources of Nigerian law are considered as such by virtue of a piece of legislation or the other.

English Law This consists of:
(a) the received English law comprising:
(i) the common law;
(ii) the doctrines of equity;
(iii) statutes of general application in force in England on January 1, 1900;
(iv) statutes and subsidiary legislation on specified matters and
(b) English law (statutes) made before October 1, 1960 and extending to Nigeria which are not yet repealed. Laws made by the local colonial legislature are treated as part of Nigerian legislation. The failure to review most of these laws especially in the field of criminal law has occasioned the existence of what may be described as impracticable laws or legal provisions which are honoured more in breach than in observance. Despite the influence of English Law, the Nigerian legal system is very complex because of legal pluralism.

Customary Law
The traditional classification of customary law is into the following categories:
1. Ethnic/Non-Moslem; and 2. Moslem law/ Sharia.
In the states in the Southern part of the country, Moslem/Islamic law, where it exists, is integrated into and has always been treated as an aspect of the customary law. Since 1956, however, Islamic law has been administered in the Northern states as a separate and distinct system. Even then it has only been in relation to Muslim personal law. However, it is better to accord Islamic law its distinct status as a separate source of law because of its peculiarities in terms of origin, nature, territorial and personal scope of application.

WHAT ARE THE EXISTING RULES AND GUIDELINES IN ENVIRONMENTAL HEALTH LAWS?

Principal enactment
The basis of environmental policy in Nigeria is contained in the 1999 Constitution of the Federal Republic of Nigeria. Pursuant to section 20 of the Constitution, the State is empowered to protect and improve the environment and safeguard the water, air and land, forest and wildlife of Nigeria. In addition to this, Section 2 of the Environmental Impact Assessment Act of 1992 (EIA Act) provides that the public or private sector of the economy shall not undertake or embark on or authorize projects or activities without prior consideration of the effect on the environment.
The Federal Government of Nigeria has promulgated various laws and regulations to safeguard the Nigerian environment. They include:
1. Public Health Law, Chapter 109 of 1963.
2. Nigerian Criminal Code Act, Cap. 77, (Sections 243-248) LFN,2004.
3. Environmental Impact Assessment Act LFN, 2004.
4. Harmful Wastes (Special Criminal Provisions) Act of 1988 Cap. 165 LFN.
5. The National Environmental Standards and Regulations Enforcement Agency (NESREA) Act, 2007.

1. Public Health Law

The first major health law was the Public Health Ordinance Cap. 56 Vol. 1 of 1917. However, the Criminal Code Act which was enacted in 1916 contained some provisions on public health offences and punishments. There was also Public Health Law, Chapter 109 of 1963 which gave rise to the Public Health Legislation of the FCT.
The various states of Nigeria have their own public health laws which are not different from each other. For our purpose in this paper, the foundation of our discuss shall be centred on the Public Health Law of Ondo State of Nigeria Cap. 124 Vol. 3 of 2006.
The public health Law is divided into eight (8) parts of seventy five (75) Sections. The title of the eight parts are:
Part Sections Title
1 1-5 Interpretation, Medical Officers of Health,
their powers & duties
2 6-11 Nuisances
3 12-33 Notifiable Infections Diseases
4 34-36 Sale of Food
5 37-52 Vaccination
6 53-63 Yellow Fever
7 64-67 Sanitation and Housing
8 68-75 General Provisions (Miscellaneous)

2. Criminal Code Act (Cap. 77) Laws of the Federation of Nigeria (L.F.N.), 2004.
Sections 243 – 248 of the Code deal with offences against public health.
Summary
The above various sections provide the punishment for:-
(a) Any person who exposes things for sale which is unfit for food or drink.
(b) Any person who deals in diseased meat.
(c Any person who corrupts or fouls the water of any spring, stream, well etc.
(d) Any person who without the necessary government consent buries or attempt to bury any corpse in any house or premises.
(e) Any person who (a) vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighborhood, or passing along a public way.
(f) Does any act likely to spread the infection of any disease dangerous to life, whether human or animal.
The relevant provisions of the Criminal Code affecting public health and environmental standards enforcement are hereunder reproduced.
243. (1) Any person who sells, as food or drink, or has in his possession with intent to sell it as food drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, or is in a state unfit for food or drink is guilty of a misdemeanor, and is liable to imprisonment for one year.
(2) Any person who adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, is guilty of a misdemeanor, and is liable to imprisonment for one year.
244. Any person who ———
(i) Knowingly takes into a slaughter – house used for the slaughter of any animals intended for the food of man the whole or any part of the carcass of any animal which has died of any disease; or
(ii) Knowingly sells the whole or part of the carcass of any animal which has died of any disease, or which was diseased when slaughtered;
is guilty of a misdemeanor, and is liable to imprisonment for two years.
245. Any person who corrupts or fouls the water of any spring stream, well, tank, reservoir, or place, so as to render it less fit for the purpose for which it is ordinarily used, is guilty of a misdemeanor, and is liable to imprisonment for six months.
246. Any person who without the consent of the President or the Governor buries or attempts to bury any corpse in any house, building, premises, yard, garden, compound, or within a hundred yards of any dwelling-house, or in any open space situated within a township, is guilty of a misdemeanor, and is liable to imprisonment for six months.
247. Any person who ——
(a) vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighborhood, or passing along a public way; or
(b) does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, whether human or animal;
is guilty of a misdemeanor, and is liable to imprisonment for six months.
248. Any person who ———
(a) sells or has in his possession for the purposes of sale any matches made with white (yellow) phosphorus; or
(b) uses white (yellow) phosphorus in the manufacture of matches; is guilty of an offence and liable to a fine of twenty naira, and any matches in respect of which the offence shall have been committed shall be forfeited.
Section 265 (2) of the Criminal Procedure Law provides:-
“The court may on a conviction for an offence under the Criminal Code order the food or drink in respect of which the conviction was had and also all other unfit or adulterated food or drink which remain in the possession or power of the person convicted to be destroyed”.

3. Environmental Impact Assessment Act of 1992 (EIA Act).
The EIA Act was promulgated principally to enable the prior consideration of environmental impact assessment of public or private projects. Any person planning a project/activity which may have an impact on the environment is statutorily required to prepare an EIA Report, and the Report must set out the potential impact of the activity on the environment and plans for preventing/mitigating the same, as well as clean up plans. All such Reports must be approved by the Federal Ministry of Environment (FME). Attached to the EIA Act is a schedule of activities and industries for which environmental impact assessments are mandatory. These include Agriculture, Airport, Drainage and Irrigation, Land Reclamation, Fisheries, Forestry, Housing, Industry, Infrastructure, Ports, Mining, Petroleum, Power Generation and Transmission, Quarries, Railways, Transportation, Resort and Recreational Development, Waste Treatment and Disposal, and Water Supply. Any person who fails to comply with the provisions of the EIA Act commits an offence and is liable on conviction, in the case of an individual, to a fine or to a term of imprisonment for up to five years. Fines are also imposed on guilty firms or corporations.

4. Harmful Wastes (Special Criminal Provisions) Act of 1988 Cap. 165 LFN.
This Act was enacted in the wake of the Koko saga. By this Act, Nigeria took a giant leap by becoming an environmentally conscious nation following the dumping of toxic waste in Koko village, in Delta State. The country was before this incident, ill-equipped to manage such environmental crisis, as there were no institutional capacity and legislations to address such matters.
Section 1 makes it an offence for any person to carry, deposit, dump or be in possession of any harmful waste on Nigerian soil, inland water or seas. Section 2 of the Act lists parties to the crime. Section 3 makes provisions for crimes committed in prosecution of a common purpose and Section 5 includes the accessories after the fact. Any person found guilty of a crime under Sections 1 to 5 of this Act shall be sentenced to imprisonment for life. And in addition,
i. any carrier, including aircraft, vehicle, container and any other thing whatsoever used in transportation or importation of the harmful waste; and
ii. any land on which the harmful waste was deposited or dumped,
shall be forfeited to and vest in the Federal Government, without any further assurance other than this Act. Other relevant sections are: Sections 9, 10, 11, 12 of the Act.

5. The National Environmental Standards and Regulations Enforcement Agency (NESREA)
By the NESREA Act, the Federal Environmental Protection Agency Act, Cap. F 10 LFN 2004 has been repealed.
What Is NESREA?
The National Environmental Standards and Regulations Enforcement Agency (NESREA) is an Agency of the Ministry of Environment, Housing and Urban Development. The Agency is charged with the responsibility of enforcing environmental laws, regulations and standard in deterring people, industries and organizations from polluting and degrading the environment.

When Was NESREA Established?
The NESREA Act was signed into law by President Umaru Musa Yar’Adua, GCFR, and this has been published in the Federal Republic of Nigeria Official Gazette No. 92, Vol. 94 of 31st July, 2007.

The Objective of NESREA
NESREA has responsibility for the protection and development of the environment, biodiversity conservation and sustainable development of Nigeria’s natural resources in general and environmental technology including coordination, and liaison with relevant stakeholders within and outside Nigeria on matters of enforcement of environmental standards, regulations, rules, laws, policies and guidelines.
The Vision of the Agency
The vision of the Agency is to ensure a cleaner and healthier environment for Nigerians.
What Is The Focus of NESREA?
• To protect the environment
• To enforce Laws and Regulations on the Environment.
• To maintain Environmental Standards.
• To create environmental awareness
• To engage in partnership in the protection of the environment.

The Functions of the Agency
The functions of the Agency include the following:
• enforce compliance with laws, guidelines, policies and standards on environmental matters;
• coordinate and liaise with stakeholders, within and outside Nigeria on matters of environmental standards, regulations and enforcement;
• 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 agreements as may from time to time come into force;
• enforce compliance with policies, standards, legislation and guidelines on water quality, environmental health and sanitation, including pollution abatement;
The powers of The Agency

The Agency has powers to:
• prohibit processes and use of equipment or technology that undermine environmental quality;
• conduct field follow-up of compliance with set standards and take procedures prescribed by law against any violator;
• subject to the provision of the Constitution of the Federal Republic of Nigeria 1999, and in collaboration with relevant judicial authorities establish mobile courts to expeditiously dispense cases of violation of environmental regulation.
The Federal Ministry of Environment (FME) administers and enforces environmental laws in Nigeria. It took over this function in 1999 from the Federal Environmental Protection Agency (FEPA), which was created under the FEPA Act. FEPA was absorbed and its functions taken over by the FME in 1999. The Federal Ministry of Environment has published several guidelines for the administration of the FEPA and EIA Acts and procedures for evaluating environmental impact assessment reports (EIA Reports). Furthermore, the FEPA Act empowers the FME to require the production for examination of any licence or permit granted to any person, to enter and search any land or building, and to arrest any person whom they have reason to believe has violated any environmental regulation. The approach of regulatory agencies is the prevention of environmental damages, the regulation of potentially harmful activities and the punishment of wilful harmful damage whenever this occurs. The environmental agencies also adopt the approach of engaging individuals and communities at risk of potential environmental damage in dialogue. The EIA approval process adopted by the FME involves a system of public hearings during the EIA evaluation process and interested members of the public are invited to such hearings.

SECONDARY ENACTMENT
However, pursuant to the FEPA Act, each State and Local Government in the country may set up its own environmental protection body for the protection and improvement of the environment within the State. Each State is also empowered to make laws to protect the environment within its jurisdiction. All the States have environmental agencies and State laws; e.g. Abuja, the Federal Capital Territory has issued the Abuja Environmental Protection Board (Solid Waste Control/Environmental Monitoring) Regulations 2005 ("the Abuja Environmental Protection Board Regulations") which principally governs solid waste control in Abuja. In Lagos State, the Lagos State Environmental Protection Agency Law was enacted to establish the Lagos State Environmental Protection Agency (LASEPA). LASEPA’s functions include monitoring and controlling the disposal of waste in Lagos State and advising the State Government on all environmental management policies. Lagos State has also enacted the Environmental Pollution Control Law, to provide for the control of pollution and protection of the environment from abuse due to poor waste management. Akwa Ibom State has enacted the Environmental Protection and Waste Management Agency Law, which established the Environmental Protection and Waste Management Agency. This Agency is charged with responsibilities which include identifying and proffering solutions to environmental protection problems in Akwa Ibom, and monitoring and enforcing environmental protection standards and regulations. Ondo State equally enacted the following laws in this regard:

1. Ondo State Waste Management Law, 2002; and Waste Management (Enforcement and Offences) Provisions Regulations, 2002.
2. Ondo State Environmental Protection Agency Law, Cap50, Vol. 2, Laws of Ondo State, 2006.
The functions of the Ondo State Protection Agency include providing the State Government with policies that will enhance protection, conservation and development of its environment in general and environmental technology, including initiation of policy in relation to environmental research and technology. It also has the following duties;
(a) encourage a productive and enjoyable harmony between man and his environment;
(b) promote efforts which will prevent or eliminate damage to the environment and biosphere and the health welfare of Ondo State people in general;
(c) enrich the understanding of the ecological systems and natural resources important to Ondo State;
(d) ensure the compliance of any development project with Environmental Impact Statement (EIS), State planning permits and regulations guiding development;
(e) prepare, or cause to be prepared by contract, an environmental impact statement on any major action it proposes or approves which may have a significant effect on the environment.

National Environmental Health Practice Regulations 2007
This Health Practice Regulations was made in exercise of the power conferred on the Honourable Minister of Environment by virtue of Section 40 of FEPA and of all other powers enabling him on that behalf.
These Regulations came into force in May, 2007 and the purpose of the Regulations as provided under Section 1 inter alia includes:-
(a) To provide a guideline for the enforcement of the regulatory powers in the Act to prevent and abate nuisance and to protect, preserve, and promote the physical, mental, spiritual and social well-being of the public.
(b) To prevent and control the incidence of communicable diseases through environmental health intervention.
The Practice Regulations contains 100 sections in eleven chapters where the duties and powers of Environmental Health Officers as well as the Health Authority are highlighted. This is in addition to two other important chapters which are chapters 12 and 13 on interpretations and schedules respectively.
Challenges
A. Sections 9 – 10 of the Regulation provide that all owners of newly built premises are to apply for and obtain a certificate of fitness for habitation, while an owner of an existing premises shall cause to be inspected and be issued with a report which shall qualify him for the issuance of a certificate of fitness for continued habitation or certificate of fitness for continued use.
Any licensed Environmental Health Officer is given the privilege of undertaking inspection of premises in this regard.
This function will give the Environmental Health Officers a lot to do. But of concern is that we have only a few Environmental Health Officers on ground. The State Government will need to employ more hands because in effect all existing premises in the various States will have to be inspected. This is in addition to the new ones yet to be occupied and the certificates of fitness as aforesaid be issued. It is not a once and for all affairs. This may be five years in the first instance and thereafter every 3 years.
B. Section 12 (2) which provides that “Dead bodies shall be sanitarily disposed off or buried only in a place approved by the Environmental Health Authority in charge of the area” poses a new challenge which hitherto has not been tapped.
In spite of the more detail provision under section 3 of the Burial on Private Premises (Regulation) Adoptive By-Laws contained in the Public Health Law Cap 124 Vol. 3, Laws of Ondo State and even Section 246 Criminal Code Act, people have continued to bury corpses in unauthorized places. Section 3 of the Adoptive By-Laws provide as follows:-
“Burial Authorization: - No corpse shall be buried in or on any private premises unless the deceased was by customary law entitled to be buried thereon and the person responsible for burying the corpse has obtained a written authorization from a Health Officer for the burial of the corpse”.
See also Part III Section 5 of the Ondo State Local Government Bye-Law 3 of 2003 which provides as follows:
“No person shall attempt to bury or bury a deceased person in private home except the approval of the Council is sought for and obtained before embarking on such burial.”
C. Section 77 of Chapter 9 deals with Emission Limit Permit. It provides that:-
“(1) Every owner of a motor vehicle or motorcycle shall cause to be assessed annually the emission permissible status of his vehicle to ensure that the emission level from such vehicle is within the permissible limit.
(2) This assessment shall be carried out by a designated person certified by relevant government agency or authority.
(3) The Environmental Health Authority, once satisfied that emission level of such a vehicle is within the permissible limit shall issue an Emission Limit Permit to such a vehicle for that year.
4. For the purpose of this section, Environmental Health Officers on duty with other relevant government agents shall have power to stop vehicle and demand for and examine the emission limits permit of such a vehicle or demand that the vehicle be taken to an appropriate facility for assessment or reassessment as the case may be”
Pollution control measure of this magnitude is necessary as its continuous non abatement constitutes danger to health of the public. This is therefore a challenge to the Environmental Health Authority not to shy away from the execution of this aspect of the Regulation.
Under this same chapter, Sections 81 and 82 provide for the noise pollution and radiation and health control respectively. This is also an area that should be checked by the Health Authority otherwise, noise pollution shall continue to be hazardous to the public health.
Section 92 of the Practice Regulations makes provision for abatement of nuisance. There is a similarity in what obtains under this Section and Section 7 of the Public Health Law.

Validity of the Regulations and Decisions made pursuant to FEPA Prior to its Repeal by NESREA Act of 2007

Section 40 of FEPA made provisions for the exercise of the Minister to make regulations in ensuring compliance with and in furtherance of the federal environmental policies. By provisions of Section 36 of NESREA, FEPA was repealed. The question that comes to mind then is that what is the status of the regulations or powers exercised by the Minister pursuant to FEPA in view of the provision of Section 36 of the new law repealing it?

Section 35 of NESREA Act makes provision for the validity of anything made, issued, given or done under any enactment repealed by the Act, if in force at the commencement of the Act. The section further provides that anything so made, issued, given or done shall continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of the Act.

Apart from this provision, there are several judicial pronouncements on the validity of actions, regulations, decisions and powers exercised before the repeal of an enactment pursuant to which such action, decision or discretion is exercised.

Section 6 (1) of the Interpretation Act, Laws of the Federation of Nigeria, 2004 provides as follows:
“The repeal of an enactment shall not
a. ………….
b. Affect the previous operation of the enactment or anything duly done or suffered under the enactment.
c. Affect any right, privilege, obligation or liability accrued or incurred under the enactment.”

The Court of Appeal in the case of Alhaji Salimonu Ajila v. Alhaji Mudasiru Lawal held:
“that where an Act as repealed, it is regarded in the absence of any provision to the contrary, as having never existed, except as to matters and transactions past and closed”.

In the same vein the Lagos division of the Court of appeal in the case of Lagos State Development and Property Corporation v. Chief J.O. Adeyemo-Bero & anor held that:
“the repeal of a law does not affect any act done or powers exercised under it before the repeal”.

It therefore follows that all regulations made and powers exercised by the Minister in pursuance of FEPA before it was repealed remained extant.

JUDICIAL INTERPRETATION OF ENACTMENT
Statutory interpretation is a very important function of the court. Interpretation is the process through which the court seeks to ascertain the meaning of a particular legislation. It is through interpretation that the judiciary evolves the law and brings the changes in it.
The judiciary interprets how legislation should apply in a particular case as no legislation unambiguously and specifically addresses all matters. Legislation may contain uncertainties for a variety of reasons:
• Words are imperfect symbols to communicate intent. They are ambiguous and change in meaning over time.
• Unforeseen situations are inevitable, and new technologies and cultures make application of existing laws difficult.
• Uncertainties may be added to the statute in the course of enactment, such as the need for compromise or catering to special interest groups.
Therefore, the court must try to determine how a statute should be enforced. This requires statutory construction. It is a tenet of statutory construction that the legislature is supreme (assuming constitutionality) when creating law and that the court is merely an interpreter of the law. Nevertheless in practice, by performing the construction the court can make sweeping changes in the operation of the law.
Where legislation and case law are in conflict, there is a presumption that legislation takes precedence insofar as there is any inconsistency. In the United Kingdom, this principle is known as Parliamentary Sovereignty. In Australia and in the United States, the courts have consistently stated that the text of the statute is used first, and it is read as it is written, using the ordinary meaning of the words of the statute.
Rules of Judicial Interpretation of Enactment

Literal Rule
It is a cardinal rule of construction that plain words must be given their plain meaning. So where the words are unambiguous the court must apply them even if it is obvious that the result is different from that intended by Parliament. The case of Fisher v. Bell illustrates this point. The Restriction of Offensive Weapons Act 1959 made it an offence to offer flick-knives for sale. Clearly, Parliament intended it to include shopkeepers displaying them in shop windows, but the word ‘offer’ was unambiguous and intelligible and thus, left the courts with no option but to exclude ‘invitations to treat’ by shopkeepers, thus defeating the Act’s objective. See also the case of Northern Assurance Co. Ltd v. Wuraola where it was held that it is trite law that in the construction of documents, the primary rule is that effect should be given to the literal contents in their ordinary way as they appear on the documents and that anything which does not appear ex-facie on such documents should not be imported into them.
Maxims used in construction Golden rule
A modification of the literal rule is the golden rule. This is the principle which states that in construing written instruments, a court should adhere to the grammatical and ordinary sense of the words unless that adherence would lead to some manifest absurdity; especially in statutory construction, thus, it is the principle that if a statute’s literal meaning would lead to an absurd or unjust result, or even to an inconsistency within the statute itself, the statute should be interpreted in such a way that avoids such a result or inconsistency.
Rupert Cross in “Statutory Interpretation” page 14 (1976) held thus:
“The golden rule… allows for a departure from the literal rule when the application of the statutory words in the ordinary sense would be repugnant to or inconsistent with some other provision in the statute or even when it would lead to what the court considers to be an absurdity. The usual consequence of applying the golden rule is that words which are in the statute are ignored or words which are not there are read in. The scope of the golden rule is debatable, particularly so far as the meaning of an ‘absurdity’ is concerned”.
Thus, it is a basic principle which should always be followed. See Grey v. Pearson ; Onyewu v. K. S. M .
Ejusdem Generis
This means ‘of the same kind or class’. A canon of construction that when a general word or phrase follows a list of specific persons or things, the general word or phrase will be interpreted to include only persons or things of the same type as those listed – Campbell v. Board of Dental Examiners 53 Cal. App. 3d 283, 125 Cal. Rptr. 694, 696. Therefore, when a list of two or more specific descriptors is followed by more general descriptors, the otherwise wide meaning of the general descriptors must be restricted to the same class, if any, of the specific words that precede them. For example, where "cars, motor bikes, motor powered vehicles" are mentioned, the word "vehicles" would be interpreted in a limited sense (therefore vehicles cannot be interpreted as including airplanes). Where also an Act includes specific words followed by general words such as ‘dogs, cats and other animals’ the court will interpret other animals as meaning animals of a similar nature to dogs and cats. Where a list is followed by no general words the act is taken to refer only to those things mentioned.
Mischief Rule
In statutory construction, this is the doctrine that a statute should be interpreted by first identifying the problem (or ‘mischief’) that the statute was designed to remedy and then adopting a construction that will suppress the problem and advance the remedy Savannah Bank v. Ajilo ; National Assembly v. President.
Beneficial Construction
In construing a statute, the words must not be so strained as to include cases plainly omitted from the natural meaning of the language. Accordingly, a statute requiring that public house must be closed at certain hours on Sunday should not be" so construed as to extend it to Christmas Day – Forsdike v. Colquhoun ; Savannah Bank v. Ajilo (supra).
Purposive Rule of Interpretation
This approach is developed from the use of the" Purpose clause" and commonly found in statutes. The purpose clause may help the reader interpret the statute in case of any uncertainty in the statute – PDP v. INEC ; Omoijahe v. Umoru
Expressio Unius Est Exclusio Alterius ("the express mention of one thing excludes all others")
Items not on the list are assumed not to be covered by the statute. Therefore one does not import into a statute that which it is not meant to govern. PDP v. INEC (supra).
In Pari Materia ("upon the same matter or subject")
When a statute is ambiguous, its meaning may be determined in light of other statutes on the same subject matter.
Noscitur A Socilis ("a word is known by the company it keeps")
When a word is ambiguous, its meaning may be determined by reference to the rest of the statute.

MCEP on legal intervention and procedures and in environmental health litigation

The continuation of Mandatory Continuing Education Programme on 'legal intervention and procedures in environmental health' is holding now in Lafia at Ta'al Hotel. The programme was declared open by representatives of Emir of Lafia HRH {Dr} Mustapha Agwai.
The programme was based on the fact that Environmental Health Officers are lacking technical knowledge in environmental health litigation, hence, the need to equip them to deliver more, in their court cases.

Day 1

The topics discussed are: Overview & Objectives of Environmental health prosecution and court processes, by Barr [San] Adeyemi Rotimi

Sources of laws, rules & guidelines in Environmental health, by Chief Magistrate/Registrar Tunji Adeniyan

Application of rule of courts, wording of abatement notice, hearing notice & other notices, by Chief Magistrate/Registrar Tunji Adeniyan

Charges: Form & content Rules of drafting charges Amendment of charge Procedure after amendment Discuss sample charge drafting charges exercise by professor Yomi Dinakin

Day 2

Types, sitting and settings of courts, jurisdiction and composition of courts, by barrister S. O. Abilori

Instituting court proceeding and mode, by Barrister Tunde falodun

Processes of compelling accused person to attend court and constitutional safeguards to ensure fair trial of accused person, by Chief magistrate Ademola Enikuomehin

Court Trial: Mode of Address; presentation of case; Tendering evidence and plea: forms, effect of plea, by Chief magistrate Ademola Enikuomehin

Examination of witness[es], court judgement, validity and enforcement, by Magistrate A. Ikusika/barr [San] Adeyemi Rotimi

At the end of the training, a certificate was given to participants who had attended module 1 and 2 training, with the exception of those who have an outstanding module 1 or 2.

Also, another dimension was added to the training by conducting a written examination, where by a mark is awarded to the correct answers, which will be used in determining whether or not your license will be renewed.

World Water Day

There are 7 billion people to feed on the planet today and another 2 billion are expected to join by 2050. Statistics say that each of us drinks from 2 to 4 litres of water every day, however most of the water we ‘drink’ is embedded in the food we eat: producing 1 kilo of beef for example consumes 15,000 litres of water while 1 kilo of wheat ’drinks up’ 1,500 litres.

When a billion people in the world already live in chronic hunger and water resources are under pressure we cannot pretend the problem is ‘elsewhere’. Coping with population growth and ensuring access to nutritious food to everyone call for a series of actions we can all help with:
follow a healthier, sustainable diet;
consume less water-intensive products;
reduce the scandalous food wastage: 30% of the food produced worldwide is never eaten and the water used to produce it is definitively lost!
produce more food, of better quality, with less water.

At all steps of the supply chain, from producers to consumers, actions can be taken to save water and ensure food for all.

And you? Do you know how much water you actually consume every day? How can you change your diet and reduce your water footprint?
Join the world to celebrate world water day

EHORECON to organise refresher programme for staff

Wednesday, 29 February 2012

The Environmental Health Officers Registration Council of Nigeria (EHORECON) will in April, this year organise refresher training programme for its staff on litigation and environmental health.
The Registrar of the council, Mr Augustine Ebisike, who disclosed this recently in Abuja, said the training is aimed at improving the effectiveness of the staff.

“We have decided to organise refresher training programme for our workers nationwide in April in Nasarawa state. We believe that the training will improve the effectiveness and efficiency of our workers,” he said.
The registrar said that four judges would serve as resource persons to discuss legal issues in environmental health, saying “The judges will train our staff on how to organise themselves when cases have to go to court.”

Ebisike said that the council would use the opportunity to update participants on the latest developments in environment health law.
“The rules are changing; there are so many laws coming up; we need to know these laws, and how to apply them,” he said.

The registrar said that the council is also mandated to license and inspect catering establishments in local government areas.
According to him, the council plans to organise a seperate training programme for its staff on the hazards in preparing food by catering establishments.
He urged Nigerians to take measures to prevent the outbreak of the diseases in the country saying “health is wealth”.

“We are spending too much money treating symptoms of diseases; more than 70 per cent of the diseases ravaging the people are preventable,” he said. (NAN)

Happy New Year 2012

Happy New Year to readers and user of this blog. I wish you will contribute in safeguarding and protecting our environment from any hazard[s] that may arise from your activities, so as to live in a free stress and disease environment. Thanks