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

National Guidelines on Environmental Health Practice in Nigeria

By Environmental Health Officers Registration Council of Nigeria 2007

1.0 Preamble
1.1 One will recall with nostalgia during the colonial and post colonial era, the efforts at keeping our environment clean through social effort in self-determination, self motivation and self reliance with the community concept of full participation. These efforts were spearheaded by the then Sanitary Inspector who moved from house to house enforcing Environmental Health (EH) services and EH practice has deteriorated in Nigeria from the standard set by the British colonial masters to where we are today due to the general neglect of the sub-sector by both succeeding governments and the general society over the years.

1.2 It is also on record that the Sanitary Inspectors now known as Environmental Health Officers (EHO) were the major motivators who moved from house-to-house to inspect premises, educate household members on sanitation and hygiene matters, caused nuisances to be abated and also enforced necessary environmental health related laws and regulations.

1.3 The combined efforts of the household and community members, supported by government in those days yieled huge success. Some of these were the eradication of diseases like yaws in 1930s and small pox in the 70s, the drastic reduction of malaria associated morbidity and mortality due to the emphases on elimination of possible mosquito breeding sites.

1.4 The recognition and powers granted the sanitary inspectors (now EHOs) in those days were the sole motivating factor that propelled them to work assiduously to monitor and maintain the integrity of our environment and promote public health and safety. The draw-back on environmental health structures of those days just like what happened in the Roman Empire before the industrial revolution brought us to where we are today. In essence, the call for reintroduction of sanitary inspection and sanitary inspectors in Nigeria today lend credence to the enormous contribution of Sanitary Inspectors to public healthy and environmental integrity.

1.5 The issue now is what went wrong and what can be done to rectify the situation and bring back the glory of EH in Nigeria.

1.6 First, by providence, EH has been recognized as a profession in Nigeria through an Act of parliament the Environmental Health Officers (Registration etc) Act 11 of 2002. The Environmental Health Officers Registration Council of Nigeria has been established to regulate the profession. What needs to be done is for all Nigerians to adopt EH consciousness and fall back on what was done right in those days, which worked well for our public health and environmental integrity.

1.7 Second, EH services must been seen as public good that need to be protected and the practice guided to enable it contribute to national development. The National Economic Empowerment and Development Strategy has outlined the need to empower people, promote private enterprise and change the way people do their work to reduce poverty and inequality. A good platform for achieving this is a disciplined environmental health culture, which provides the opportunity for optimal health and aesthetic environment.

1.8 Third, government should take the leadership role by providing enabling environment and necessary regulations and laws to drive the process. all over the world, government has taken bold steps to put structures for orderly conduct and practice of environmental health services. The present government has taken the first step by enacting the Environmental Health Officer Registration Act. What need to done further is for government to enact and Environmental Health Control and Enforcement Act to provide legal instrument for EH practice; an instrument to enable the practitioners which has been defined to mean persons trained and registered to carry out EH functions, to do their work effectively.

1.9 Last, the practitioners must rise to the challenge and justify the call by Nigerians for the reintroduction of sanitary inspector. What this means is that the practitioners must see themselves as agents of change for the overall benefit of Nigerians and sustainable development
.
1.10 This practice guidelines is aimed at providing basic principles and step-by-step procedure for conducting environmental health services in Nigeria. It is our hope that the practitioners will see the document as a daily companion to provide working guide for their functions. The guidelines are issued by EHORECON in pursuance to applicable sections if Act 11 of 2002, and EHPR 2007 and other applicable laws and regulations.

2.0 Introduction

2.1 Environmental Health (EH) has been defined as the control of all factors in man’s physical environment which exercise, or may exercise, a deleterious effect on his physical development, health or survival. Environmental health has been defined recently as comprising of those aspects of human health, including quality of life, which is determined by physical, biological, chemical, social and physiological factors in the environment. It also refers to the theory and practice of assessing, correcting, controlling and preventing these factors that can potentially affect, adversely the health of present and future generations. Environmental health programmes are organized community efforts to monitor and modify man environment relationships in the interest of better health.

2.2 Some functions of EH are: sanitation inspection of premises, control of communicable diseases, disposal of waste i.e. garbage, sewage and gaseous wastes including such special wastes like toxic and hazardous substances, potable water supply, good and sanitary housing condition, food sanitation, personal hygiene, pest and rodents control, air pollution control and control of noise pollution, etc.

2.3 Environmental health has continued to play a major role in disease prevention, control and the substance of environmental integrity. Therefore as a broad concept in public health it is the science and art of preventing disease, prolonging life and promoting health through organized efforts of the society. The outcome of environmental health organization is the prevention, detection and control of environmental hazards, which affect human health.

2.4 The world authority on health matters- the World Health Organization (WHO) has identified and listed EH functions to include:
i. Waste management
ii. Food hygiene and control
iii. Pest and vector control
iv. Environmental health control of housing and sanitation
v. Epidemiological investigation and control
vi. Air quality management
vii. Occupational health and safety
viii. Water resources management and sanitation
ix. Noise control
x. Protection of recreational environment
xi. Radiation control and health
xii. Control of frontiers, air and sea ports and border crossing
xiii. Pollution control and abatement
xiv. Educational activities (health promotion and education)
xv. Promotion and enforcement of environmental health quality standards
xvi. Collaborative efforts to study impact assessment. (EHIA).

2.5 Before we degenerated to the level we are, EH practitioners were performing all the functions listed and the results were obvious. It is true that the performance of these duties has changed over the years due to prevailing circumstances, environmental factors, and the level of environmental pollutants due to increase population, increase economic activities and industrialization.

2.6 As these changes occur, there is need to regulate the practice ad provide necessary guidelines for the practitioners.

2.7 Purpose
The purpose of this document is to provide guidelines to Register Environmental Health Officers, licensed operators of Environmental Health services to ensure a high standard of hygiene and sanitation their service delivery. Specifically the objectives of these guidelines are to:
i. List the functions of EH
ii. Provide procedures on how to carry out the listed functions
iii. State who should carry out the functions listed.

2.8 Scope and Application

2.8.1 The document applies to all registered Environmental Health Officers, licensed operators and providers of environmental health services as well as the general public.

2.8.2 In these guidelines, references to specify requirements under the relevant legislations are made. Failure to comply with these requirements shall constitute an offence under the relevant laws and regulations.

2.8.3 These guidelines are not a law but intended to provide operators with additional information and guidance on their day-to-day operation to achieve the objectives for which environmental health profession is established.

2.9 Responsibility
It is the responsibility of the members of the profession, licensed operators and providers of environmental health services to ensure that:
a. The premises of its operation is clean and hygienic
b. The services rendered to clients meet minimum professional standard required as specified in the professional code of ethics.
c. Persons employed for the operation, management and supervision of their activities have adequate qualifications, experience and training
d. Persons employed are medically examined and fit; and
e. Measures are taken to preserve the health and well-being if employees and integrity of the environment
f. Ideas are shared ad exchanged for the promotion of the profession. For this purpose every member and licensed operator shall belong to the Environmental Health Practitioners Association of Nigeria (EHPAN) and a learned society approved by the council.
g. Ensure documentary evidence of services rendered using the form in appendix or as shall be designed and circulated from time to time.
h. Supply needed data into the National Environmental Health Information Management System (EHIMS)

2.10 The council hopes that the guidelines will service as reference material to guide best practice and remove any ambiguity in these functional and operational areas, and further empowers the practitioners to perform their functions effectively.

2.11 The foregoing sets out the framework for the national EH practice guidelines, in Nigeria. The Guidelines are provided for each of the functions listed and establishes minimum requirements for every operator in the sub-sector.

3.0 Waste Management

3.1 Introduction

3.1.1 A lot has been written about the problem of refuse disposal and sewage disposal in Nigeria. This is one problem that is noticed by every one in the society especially in the urban areas. The problem is due to the failure of the various city authorities to plan and manage the mounting refuse heaps in various street comers.

3.1.2 Most drainage channels are blocked by refuse leading to flooding and providing stagnant water, which breed mosquitoes. Refuse heaps in our urban centres blithe the aesthetic nature of our otherwise beautiful cities.

3.1.3 Rodents and other disease causing germs including such reptiles as snakes find home as well as sources of food in these heaps.

3.1.4 The refuse and other wastes generated are only moved away from our consciousness but not disposed in a manner as to promote public health. The wastes most of the time are burned at the dumpsites releasing toxic and hazardous substances such as dioxins and furans, which are cancer causing agents into the atmosphere.

3.2 Solid Waste

3.2.1 Collection at household/premises level. Waste collection at point of generation still remains a major problem in our communities. Waste collection at this level shall conform to the following.

3.2.2 All premises shall be swept and kept clean all times by the occupier and residues shall be in a sanitary manner.

3.2.3 All solid waste matter shall be collected and stored in a sanitary dustbin and or polythene bags with appropriate colour coding as described in National Environmental Health Practice Regulation (NEHPR 2007)

Appendix I

3.2.4 Collection: Only licensed solid waste collection companies shall engage in solid waste collection using appropriate vehicle clearly marked as described in the NEHPR 2007.

3.2.5 Every operator applying for waste collection licence shall specify the class of licence required as in appendix 2. Operators requiring a class A licence shall in addition show evidence or either a subsisting contract with an appropriate waste disposal facility operator or own a facility for the final disposal of the waste. Every operator shall maintain a minimum waste collection materials and equipment in appendix 3.

3.2.6 Transportation of solid waste to disposal facilities or transfer station shall be carried out with appropriate vehicle in a manner that will eliminate nuisance including spilling on the streets etc. vehicles to be used for waste transportation shall be covered in such a way as to prevent spilling and shall be clearly marked as described in the NEHPR 2007, appendix 4.

3.2.7 Disposal of solid waste shall be in an approved facility, bearing in mind the principle of waste separations. No waste shall e disposed in a facility that is not approved for the type of waste in question. Waste disposal facilities shall be constructed, maintained and run in a manner that will prevent hazards of health, environment including pollution of surface and ground water. Only licensed operators shall engage in the management of waste disposal facilities. All waste disposal facility owners shall fall into one of the categories in appendix 5. For this purpose, waste collectors and waste disposal facility operators shall apply to the council for licence in appropriate application forms.

3.2.8 All EHOs on premises inspection shall ensure that solid waste collection storage, transportation and disposal are carried out in a manner to minimize body contact and prevent the transmission of communicable disease.

3.3 RESPONSIBILITIES OF WASTE GENERATOR AND COLLECTORS

3.3a GENERAL REQUIREMENT

i. Only licensed waste collectors are to collect and convey refuse for disposal. The generator himself is however allowed to convey his own waste for disposal

3.4 REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL PREMISE

i. Waste generators should actively practice waste recycling at source. Waste should first be segregated into recyclables and non-recyclables. The non-recyclables should where possible be further segregated into incinerable waste and non-incinerable waste.

ii. Each category of waste must be contained in proper and identifiable receptacles such as bins, contains or ags

3.5 REQUIREMENTS FOR BUSINESS PREMISES (INCLUDING FOOD ESTABLISHMENTS) AND PREMISES HAVING BIN CENTRES
i. All waste must be stored in approved containers or receptacles with good fitting covers. Such containers or receptacles must be kept within the premises or in proper bin centre.
ii. containers for organic waste must be washed regularly to prevent smell nuisance and fly breeding. The bin centres must also be cleansed regularly.

3.6 REQUIREMENT FOR PREVENT DOMESTIC PREMISES

i. All waste from households must be contained in proper plastic garbage bags.

ii. Bagged waste shall not be placed outside the premises overnight but should only be brought out from the premises before 9 a.m. for collection on predetermined collection days.

iii. bagged waste may be contained in proper refuse bins fitted with covers. however, such bins when emptied must be kept within the premises and not along roads or pavements.

3.7 Liquid Waste/Sewage

3.7.1 All liquid waste including wastewater shall be treated to a level as specified in the relevant guidelines and standard for Environmental Pollution Control in Nigeria (FEPA) 1991 or as may be amended.

3.7.2 Only a licensed sewage collector with approved vehicle or vessels shall transport sewage/wastewater.

3.7.3 The Environmental Health Authority shall ensure safe disposal of all sewage and wastewater in an approved disposal facility.

3.7.4 Every premises shall have suitable and adequate number of latrines/toilets as contained in the Policy Guidelines on excreta and sewage management of the Federal Ministry of Environment, 2005.

3.7.5 All such sanitary facility in any public places shall have signs displayed in strategic locations within the premises indicating their location to the general public. Such facility (ies) shall be kept in an hygiene state at all times; providing adequate privacy for users.

3.7.6 The regular collection and emptying of septic tanks and other sources of sewage shall only be carried out by licensed operators. The equipment used shall conform to applicable government regulations. For this purpose, intending operator shall apply for licence in the appropriate application form.

3.7.7 The Environmental Health Officer responsible for an area shall in collaboration with other stakeholder designate a temporary disposal site for sewage (where no treatment plant exists). With the registration of dislodging companies, it shall be mandatory for such companies to develop a plan for the construction of a sewage treatment facility (Sewage farm) in the LGA or use the facility if it exists in an adjourning LGA. The emptying of sludge in any are not designated for such a purpose shall attract stiff penalties including prosecution and possible loss of operational permit.

4.0 Food and Control

4.1 It is the process of handling food in hygienic way from processing to consumption in a wholesome manner so as to ensure its quality and to protect public health. One hardly hears of this very important sanitary obligation in our various cities. Food hygiene is an environmental health requirement. The activities under this function include the inspection of food preparation premises prior to commencement of operation, licensing of the food premises after satisfaction of the minimum requirement for such a licence, safe transportation of food, ensuring that the food vendors are medically fit to handle food meant for public consumption. All these activities constitute environmental health function.

4.4.1 Food shall be produced, processed, transported, stored and distributed in a manner so as to avoid contamination and to protect the health of the consumer.

4.4.2 Cooked food shall be served hot, and not below 600C

4.4.3 All Food Establishment operator shall maintain a valid permit.

4.4.4 All opening in food premises shall be screened to prevent flies and other vermin and all the external doors shall be made self-closing

4.4.5 Every Food premises shall have adequate toilet facility and/or access to toilet facility within a reasonable distance from the premises.

4.4.6 Wash-hand that allow for easy cleansing shall be provided for individual use.

4.4.7 Wiping cloths/hand towels shall be provided for individual customers and where not possible disposal wiping materials shall be provided.

4.4.8 A food premises shall have adequate potable water supply at all times.

4.4.9 Every food handler shall maintain high level of personal hygiene at all times.

4.4.10 Every food operator, handler including vendor shall be medically examined and issued with Medical Certificate of Fitness, renewable every six (6) months and show evidence of attendance of approved training.

4.4.11 The owner(s) of a food premises including mobile food unit shall ensure wholesomeness of food in such premises or unit and assume responsibility that the establishment operates in full compliance with all applicable environmental health regulations and laws.

4.4.12 Bread and other such confectioneries shall not have the bakery without being wrapped and properly labeled.

4.4.13 Vehicle used for transporting bread and other confectionaries shall be painted white both in the interior and exterior of such vehicle. The name and address of such bakery and other distinguishing marks shall be written in a green lettering in line with Appendix 4.

4.4.14 All ready to eat foods including confectionaries shall not be exposed to contamination.

4.4.15 No cooked or ready to eat food shall be carried or served from a container not approved by the Environmental Health Authority of the area.

5.0 Pest and Vector Control

5.1 Pest and vector control is aimed at reducing man-pest/vector-contact so as to maintain and promote public health. therefore, every occupier in every premises ahll take all measures to exclude pest and vector from such premises so as to minimize man-pest/vector-contact.

5.2 Every premises shall be rid of pest of public health importance.

5.3 Every commercial premises including schools, offices, hotels, hospitals, ware-houses, and hostels, etc and such other similar facilities shall be disinfested on quarterly (every three months) basis but al least once every six months in accordance with NEHPR 2007.

5.4 Every premises so disinfested shall be issued with a certificate of disinfections as in appendix 6 duly signed by the Environmnetal Health Officer who carried out supervised such disinfestations using the appropriate form. A report shall also be issued to the client stating the target pest treated as well as the chemicals used.

5.5 Any person or company wishing to engage in the business of Public Health Pest Control shall apply to and obtain operation licence from the Council using the form in appendix 7.

5.6 Any person or company granted a licence shall obtain an Operational Permit from Environmental Health Authority of the Local Government in which he intends to operate, and for that purpose, pay a prescribed fee.

5.7 Control measures for pest control shall be as contained in section 7 of the Policy Guidelines on Pest and Vector control 2005, issued by Federal Ministry of Environment, or any other provision in that behalf that may be in force.

5.8 No person or company shall be allowed to display, sell or distribute any pesticide unless those approved by authorized Government agency.

5.9 Any person wishing to sell or display for sale such chemical shall obtain a permit issued by the appropriate authority.

6.0 Environmental Health Aspect of Housing

6.1 The purpose of housing is to minimize physical and biological hazards in the environment and to promote the health and well-being of the inhabitants. Houses shall therefore be constructed, maintained and occupied in a manner as to ensure optimal physical, physiological and psychological needs of the occupants.

6.2 Every premises shall be used only for purpose(s) for which it was approved.

6.3 Every premises shall be maintained in such a way as to prevent structural defects or occurrence of nuisance(s).

6.4 Every room in a premises shall be built to an approved standard and in such a way as to allow for natural lighting and ventilation.

6.5 Every premises shall be built so as to allow for the minimum open space between existing building as contained in relevant laws and regulations.

6.6 Every room in a premises shall be adequately ventilated and for this purpose the window(s) opening directly outside shall not be less than one-eight(?) of the floor area.

6.7 Every owner of new premise shall apply for and obtain a certificate of fitness for Habitation as in schedule 1 of EHPR 2007 before occupation (Appendix 8). This certificate shall be issued on presentation of a satisfactory report of inspection of such premises by a licensed EHO. The certificate shall be issued by the Environmental Health Authority in charge of the area where the premises is situated and for this purpose pay a prescribed fee.

6.8 Every premises shall be inspected and issued with certificate of fitness for Continued Habitation (Appendix 9) of certification of fitness for continues uses (Appendix 9) as the case may be once every three years in line with NEHPR 2007.

6.9 No alteration of existing premises shall be carried out without the knowledge of the EHO in charge of the area.

6.10 Every EHO shall enforce the provisions of the following legislation as authorized under the relevant sections of NEHPR 2007 in his area of jurisdiction:

i. The National Environmental Protection (Effluent Limitation Regulation 1991)

ii. The National Environmental Protection (Pollution Abatement in Industries and facilities Generating Wastes) Regulation 1991.

iii. National Environmental Protection Management of Solid Waste and Hazardous Waste Regulations 1991.

iv. Such other applicable or related laws and regulations.

7.0 SANITATION OF HOSPITALITY, RECREATION AND ALLIED INDUSTRIES

7.1 The construction of hotel, motel, recreational facilities, saloons, beauty saloon, lodging, and boarding, school, hospital, etc and other similar facilities shall conform to the standards and guidelines as prescribed by the relevant government authority. Accordingly, every such facilities shall;

i. Be suitably sited as to eliminate nuisances and prevent contamination;
ii. Have available of adequate water supply for cleaning
iii. Have adequate drainage facilities
iv. Be constructed of durable materials to protect patrons from any hazard and exposure to the elements; and
v. Have facilities for maintenance of sanitation such as cleaning and elimination of harborages of vermin.

7.2 Such establishment shall only be opened for public patronage after the presentation of a health status report for the premises duly signed by a licensed EHO. The Environmental Health Authority of the LGA where the premises is situated shall on acceptance of such a Health Status Report issued either a certificate of fitness for use, certificate of fitness for habitation, or certificate of fitness for continued habitation as the case may be to the owner of such a premises.

7.3 All such establishments shall ensure provision of adequate water supply, toilet and bath facilities in accordance with standards set in the National Sanitation Policy 2005.

7.4 Quarterly and or periodic insect and vermin control and other sanitary measures shall be undertaken to exterminate vectors of disease.

7.5 All persons employed whose jobs deal directly with foods in such establishments shall obtain a health certificate of fitness from a government health facility.

7.6 The storage, preparation and serving of food to customers shall adhere to basic hygiene rules.

7.7 Customers shall be provided with clean line such as bed sheets, pillow cases, towels and napkins with daily replacement of same whether used or not where boarding and lodging is provided.

7.8 Swimming pool and bathing places shall be operated for public use after a sanitary permit has been obtained from the Environmental Health Authority of the LGA where it is situated after a satisfactory comprehensive sanitary inspection and report by a licensed Environmental Health Officer.

7.9 In every swimming pool used the general public, there shall be routine water quality analysis carried out in a laboratory certified by the institute of Public Analyst of Nigeria at least once every quarter. The report of such analyses shall be displayed in a conspicuous place around the swimming pool. There shall be a conspicuous warning to be general public on the presence of artificial or natural hazards in and around the swimming pool.

7.10 Every person or company wishing to establish a park, camp, picnic ground rest area, motor park, bus/train terminal,, or petrol services station shall present a health status report for the premises duly signed by a licensed EHO. Such establishment shall only be opened for public patronage after the Environmental Health Authority of the LGA where the premises is situated shall on acceptance of such a Health Status Report issued either a certificate of fitness for use or for continues use, certificate of fitness for habitation, or certificate of fitness for continued habitation as the case may be to the owner of such a premises.

7.11 Such a place or facility shall be provided with adequate open space, ventilation, waiting areas, potable water, means of excreta/sewage disposal and solid waste management system. The entire premises shall be kept clean at all times.

7.12 The operator shall ensure that sale of foodstuffs in such establishment(s) conforms to the provisions of applicable guidelines, regulations and rules.

7.13 Any person or company wishing to establish night clubs, bars and other similar establishments shall present a health status report for the premises duly signed by a licensed EHO. Such establishment shall only be opened for public patronage after the Environmental Health Authority of the LGS where the premises is situated has on acceptance of such a Health Status Report issued either a certificate of fitness for use or for continues use, certificate of fitness for habitation, or certificate of fitness for continued habitation as the case may be to the owner of such a premises.

7.14 These establishments and their premises shall be kept clean at all times, and provided with adequate potable water, toilet facility and facility for water collection and disposal of waste.

7.15 There shall be no private rooms or separate compartments for public use except those used for lavatories, dressing rooms, bars and kitchens.

8.0 Cleaning Services:

8.1 All premises shall be kept clean at all times. All premises requiring the services of a cleaning service provider shall engage only a licensed operator.

8.2 All companies or persons engaged or intended to engage in the business of cleaning services shall apply and obtain a valid operational license from the Council and such license shall be renewed every three years in line with EHPR 2007.

8.3 The class of license issued shall be in accordance with the categorisation in appendixes 11. The minimum equipment for the practice shall be as appendix 12. For companies requiring higher class of license (Classes A or B), the minimum equipment required shall be doubled for class B and triple for class A.

8.4 All operational staff, equipment, materials of such company shall meet the minimum basic requirement as set out in the appendix to those guidelines and as shall be reviewed from time to time.

8.5 All operational staff shall while involved in the handling of wastes, wear appropriate personal protective materials, including clothing, footwear’s, mouth and nose mask, apron etc.

8.6 All staff involved in handling of wastes shall be given basic training on the hazards associated with their work. A written statement giving full explanation of the hazards shall be interpreted to the worker in a language he/she understands. Such worker shall sign or thumb prints an acknowledgement of this explanation.

8.7 Any company involved in dumping of waste collected from clients premises at unlawful locations would have her permit suspended or licence withdrawn and shall be made to face prosecution.

9.0 Pollution Control:

9.1 The operator of a business or activity likely to be a source of noise pollution shall obtain a special permit from the Environmental Health Officer in charge of the LGA after a satisfactory comprehensive sanitary inspection report by a licensed Environmental Health Officer.

9.2 Environmental Noise shall at all time not be above eighty (90) decibel and no equipment shall be kept in a manner or condition as to produce noise that will be injurious to health.

9.3 In the issuance of such a permit, the Environmental Health Officer shall consider the activities involved and the need for controlling environmental noise in our neighbourhoods in granting such a permit.

9.4 All “one off” noise-producing activity such as parties, crusade, and disco shall be held around residential district area only with a permit from the Environmental Health Officer in charge of the LGA.

9.5 Every owner of a motor vehicle or motor cycle shall keep and maintain such a vehicle or motorcycle in a functional state that it does not cause environmental pollution as contained in the relevant regulation.

9.6 All industries shall ensure that emissions from their processes are within allowable limit as specified in the applicable regulations and laws. For this purpose, industries are required to install appropriate air sampling and monitoring equipment within their premises.

9.7 All waste water and effluent shall be collected, treated and disposed off in a manner that it will not constitute danger to health and environment as contained in the National Environmental Protection (Effluent Limitation) Regulation 1991; and the National Environmental Protection (Pollution Abatement in Industries and Facilities Generating Wastes) Regulation 1991; as well as other regulations.

9.8 Radioactive materials/wastes shall be handled, used and stored in a manner that shall minimize hazards to Public Health and the environment. This shall be in line with guidelines issued from time to time by National Nuclear Regulatory Authority.

9.9 No radioactive materials shall be stored within a 100 metres radius of any source of drinking water.

10.0 Environmental Health Information Management System (EHIMS)

10.1 Environmental health information management system in designed to collect, collate, analyses, interpret, present and report environmental health information to support evidence-based environmental health services.

10.2 Every EH practitioners shall ensure that data generated in the cause of his activities is stored in a retrievable manner and feed into the national EHIS. Generally, the data will flow community to LGA to state and finally to the Federal level.

11.0 PROCEDURE FOR INSPECTION AND ABATEMENT OF NUISANCE

11.1 A nuisance is any act, omission, place or thing, which is or may be adjudged dangerous to life or injurious to health or property.

11.2 A registered EHO, shall while on duly have powers to enter any premises, inspect any premises, abate nuisances, obtain order to seal premises, arrest and prosecute environmental health offenders, condemn items unfit for human consumption, and enforce all environmental health laws, regulations, policies and other related laws, regulations.

11.3 Local Government Areas may grant concessions to any company licenses by the Council to provide sanitary premises inspection services within the LGAs jurisdiction fro the purpose of providing services in the areas of sanitary inspection of premises.

11.4 He shall also assess and ensure that all documents, needing his assessments such as Premises Based Environmental Health Record Book (Appendix 13), certificate of fitness for Habitation, certificate of fitness for continue Habitation, Certificate of fitness for continue use, etc are produced on demand and are valid as at the time of such inspection.

11.5 Where an EHO is satisfied of the existence if a nuisance, he shall serve an abatement notice (Appendix 14) on the person who caused or continue to cause the nuisance to occur/exist or on the occupier or the owner of the premises, as the case may be specifying what action needs to be taken by such person to abate the nuisance within a specified time and or ensure that such a nuisance does not reoccur in such premises.

11.6 It shall be the duty of the EHO to do all things and to take all measures, including causing the issuance of nuisance order, prohibition order or closing or a combination of such orders to ensure that a nuisance which exists is abated or a nuisance which existed having been abated does not reoccur in that premises in future.

12.0 PROCEDURE FOR REGISTRATION/LICENSING OF VARIOUS PRACTICES PROVIDED FOR IN THESE GUIDELINES.

12.1 Any individual or company wishing to engage or already engaged in any of the service area covered by these guidelines is encouraged to continue in such business after due licensing by the Council. This regularization must be carried out within the time limit provided by the council.

12.2 Such enterprise must be registered as a company in Nigeria in line with the Companies and Allied Matters Act 1990.

12.3 The company is the required to obtain an application form from the council and complete such application form and return to the Council with full details information as required by the Council. There shall be payment in bank draft for the cost of application which shall be detailed in the application form and other support documents.

12.4 The Council shall engage the services of a licensed Environmental Health Officer as a consultant to visit the applicant company with a view to interviewing the proprietor(s) and take an inventory of equipment available vis-à-vis submissions made to the Council.

12.5 After a report has been submitted by the consultant, a decision is made by the Council either to register such a company or not in the area of Environmental Health practice applied for. The company is informed of council decision within a maximum of 90 days from the date of receipt of such an application.

12.6 If the Company’s application is approved, the company will then be required to pay her registration fee and on payment, a certificate of registration shall be issued to the company. The certificate shall be renewed every three years in line with EHPR 2007.

12.7 If the application is rejected, the company will equally be informed accordingly and given the reason for the rejection of such application. Such a company may re-apply in future.

12.8 A company may hold licenses for multiple services provision as long as it has the expertise in such areas. A company may hold licenses in such sewage disposal facilities, Public Health Pest Control, Cleaning Services, and Sanitary inspection of Premises.
 
Appendix 1
ENVIRONMENTAL HEALTH SERVICE NIGERIA
Colour Code for Waste Sorting and Segregation (CCWSS)

Colour Category Component of waste


Black Non-infectious wastes All paper, packaging materials
including cartons, bottles, food
remnants, rags

Yellow Infectious wastes Gloves, dressings, blood, body fluids,
used specimen containers and similar
wastes from both healthcare and
research facilities

Red Highly Infectious wastes Anatomical waste, pathological waste

Brown Chemical Formaldehyde, batteries, photographic
chemicals, solvents, organic chemicals,
inorganic chemical

Yellow with Radioactive wastes Any solid, liquid, or
radioactive label pathological waste, contaminated with
radioactive isotopes of any kind




Green Recyclable wastes Glass waste metal, cans, plastic
wastes, plastic cans cups, polythene etc

Organic waste Organic wastes including garden wastes,
leaves, shrub, tree truck, weed, flowers
etc

Appendix 2
ENVIRONMENTAL HEALTH SERVICE NIGERIA
Classes of Waste Collection Licence
Class of licence Waste covered

A-Toxic industrial waste and effluents, Health care waste and other dangerous and hazardous substances

B Sludge from water treatment plants, grease interceptors, water-seal latrins, sewage treatment plants, septic tanks or other types of sewage systems. Waste from sanitary conveniences in ships and aircraft.

C Food and other putrescible waste from domestic, trade and industrial premises, markets and food centres, construction debris, tree trunks, discarded furniture, appliances, wooden create, and other bulky items destined for disposal .

Appendix 3

ENVIRONMENTAL HEALTH SERVICE NIGERIA
Minimum Waste Collection Materials And Equipment
S/N Materials Minimum Nos. required
1. Brooms, Brushes, Rakes 50 each

2. Dust bins 120 litres 1000 1000
240 litres 1000 1000
1200 litres 500 500
1500 litres (Dinosaur bin)6 6
5000 litres (mammoth bin)4 4

3. Polyethylene bags Various sizes 10,000 pieces

4. Wheel barrows 10

5. Compacting trucks or side loading collection trucks 2

6. Pail loader 2

7. Tippers 2

8. Generator Minimum of 3 KVA 1

9. Pick up truck 2

10. Shovel 20
11. Dust pan 50

12. Tractor 1

Office Facilities
• Adequate office space
• Adequate storage space
• Adequate cloakroom
• Adequate water supply.

Appendix 4

ENVIRONMENTAL HEALTH SERVICE NIGERIA
Labeling of Vehicles and Similar Equipment









Appendix 5
ENVIRONMENTAL HEALTH SERVICE NIGERIA
Classes of Waste Collection Licence
Class of licence Waste covered

A- Industrial incinerators
B Sanitary landfill operators of waste recycling plants
C Sewage and waste water treatment plant


Appendix 6
ENVIRONMENTAL HEALTH SERVICE NIGERIA
certificate of disinfestations/fumigation
No: ................
STATE...................................... LGA........................................................
I certify that the premises belonging to.....................................................
................................................................................................................
Situated at No:.......................................................................... has been
Disinfested/fumigated by me on:...............day of:.........20........it is my considered opinion that the building(s) treated within the said premises is/are rid of pests of public health importance.

Name of Environmental Health Officer issuing the certificate ...................
Annual license Reg. No: ...........................................................................
Signature/Professional Reg. Stamp .........................................................
Issued this ................... day of .................................... 20 ......................
This certificate is valid till ........................................................................
................................................................................................................

--------------------------------- --------------------------------
Signature of Environmental Health Officer Company Stamp
S/N NATURE OF PREMISES
1 Residential Premise
2 Office Accommodation
3 Hotel/Restaurant/Eatery
4 Warehouse
5 Hospital/Clinic
6 School/Educational Institution
7 Camps/Temporary Shelter/Mobile Premise
8 Ships/Aircraft/Train/Buses
9 Garden/Parks/Recreation Centres
10 Others (specify)

Appendix 7
ENVIRONMENTAL HEALTH SERVICE NIGERIA
Minimum Requirements for Pest Control License
(see environmental Health Practice Regulation 2007)

i. Knapsack Sprayer 3
ii. Fogging Machine 2
iii. Swing fog Machine 1

Office and Facilities

i. Adequate office space
ii. Bath room/toilet
iii. Cloakroom
iv. Adequate water supply.

Personnel
Any pest control outfit shall have a minimum of 2 spray men. The head of operation of the company must be registered by the Council.

Training of employees

The pest control operator shall ensure that all his personnel are fully briefed and trained so that they are conversant with the following:
i. The requirements of this regulation and such other similar regulations.
ii. Safe handling of pesticides and equipment
iii. Safe use of Personal Protective Devices such as face mask, hand gloves, eye goggles, boots, overall, nose mask, ear muffs, helmet.
iv. List of approved pesticides.

Handling of Pesticides and Safety of Spray men

i. In addition to provisions of section 10 of the Policy Guidelines on Pest and Vector control issued by Federal Ministry of Environment, 2005, the use of all chemical pesticides for pest control shall be done with extreme caution.
ii. All chemicals to be used shall conform with specification as contained in section 8.3 of the Policy Guideline on Pest and Vector control issued by Federal Ministry of Environment, 2005 and in Schedule X of this regulation.
iii. No pesticides as contained in Schedule XI of this regulation shall be used for pest control.
(a) Every pest control outfit shall conform with provision of schedule IX
iv. Facilities must be provided for first aid treatment of spray men and cases of accident or for prompt medical attention to a recognized hospital
v. Spray men and the head of operation must produce medical report of fitness once every six (6) months from a recognized medical practitioners.
vi. All equipment used for formulation of pesticides shall be properly washed and cleansed, and stored in such a way that would not constitute danger of health of the public.

Disposal of Killed Pest

i. Killed pests shall not be disposed of as part of the domestic wastes but shall be considered as special wastes and be disposed of as such.
ii. Killed pests including rodents, cockroaches, etc shall be disposed of by burial under the ground or incinerated
iii. Such disposal shall not be done within a distance of 30m to a source of ground or surface supply.

Responsibilities of Clients

1. Owners of premises infested with pest of public health importance must report such infestation to the Environmental Health Authority.
 
Appendix 8
ENVIRONMENTAL HEALTH SERVICE NIGERIA
CERTIFICATE OF FITNESS FOR HABITATION (CFH)

STATE...................................... LGA........................................................
This is certify that the premises belonging Mr./Mrs. ................................
................................................................................................................
Situated at No:........................ has been inspected and found to be fit for
Habitation based on report of inspection carried out on: .................... day of ........................, 20 .......................
Name of Inspecting Environmental Health Officer....................................
Annual license Reg. No: ...........................................................................
Issued this ................... day of .................................... 20 ......................
This certificate is valid till ........................................................................
Name of Inspecting Environmental Health Officer....................................
Annual license Reg. No: ...........................................................................
Signature/Office Stamp ...........................................................................



Appendix 9
ENVIRONMENTAL HEALTH SERVICE NIGERIA
CERTIFICATE OF FITNESS FOR CONTINUED HABITATION (CFCH)

STATE...................................... LGA........................................................
This is certify that the premises belonging to Mr./Mrs. ............................
................................................................................................................
Situated at No:........................ has been inspected and found to be fit for
Continued Habitation based on report of inspection carried out on: .................... day of ........................, 20 .......................
Name of Inspecting Environmental Health Officer....................................
Annual license Reg. No: ...........................................................................
Issued this ................... day of .................................... 20 ......................
This certificate is valid till ........................................................................
Name of Inspecting Environmental Health Officer....................................
Annual license Reg. No: ...........................................................................
Signature/Office Stamp ...........................................................................





Appendix 10
ENVIRONMENTAL HEALTH SERVICE NIGERIA
CERTIFICATION OF FITNESS FOR CONTINUED USE OF PREMISES

State………………………………………LGA…………………………………..
This is to certify that the premises belonging to…………………………
……………………………………………………………………………………
Situated at No:……………………………has been inspected and found to be fit for Continued Use as (state purpose of use of premises)
……………………………………………………………………………………….
Based no report of inspection carried out on …… day of ……200……
Name of inspecting Environmental Health officer………………………
Annual Licence Reg. No……………………………………………………..
Issued this ………….day of …………………….20…………………………
This Certification is valid till:…………………………………………………
Name of Environmental Health officer issuing certificate ……………..
Annual Licence Reg. No………………………………………………………
Signature/ Official Stamp:……………………………………………………


Appendix 11
ENVIRONMENTAL HEALTH SERVICE NIGERIA
Commercial Cleaning Services Provider (Categorization).
Criteria
• Floor space
• Nature of waste
• Type of establishment

Class A
• Officer and structure with total floor space above 350 sq. metres and above
• Three (3) star Hotel and above classified by Ministry of Tourism
• All teaching hospitals, Research Institution, Specialist Hospitals
• Federal medical Centres
• General Hospitals
• Private hospitals that render services in these categories
• Tertiary educational institutions
• Industries that general hazardous waste as specified in S.I. 15: National Environmental Protection Management of Solid and Hazardous Waste Regulations, 1991.
• Airports
• Stadium
• Trade Fair Centre
• Sea Ports
• Any facility generating waste not covered in Classes B or C

CLASS B
• Offices and structure with total space of between 100 and 350 sq. meters
• Two star Hotels as classified by Ministry of Tourism
• All other categories of health facilities snot listed in A above.
• All secondary schools and other educational institutions with students’ population 0f 500 and above
• Public places like streets,

CLASS C
• Offices and structure with total floor space of less than 100 sq. meters
• Shops
• Educational institution of students’ population below 500
• One star Hotels as classified by Ministry of Tourism
• Motor parks, Markets



Appendix 12
ENVIRONMENTAL HEALTH SERVICE NIGERIA MINIMUM EQUIPMENT FOR CLEANING SERVICES PROVIDER*
S/N Materials Minimum Nos. Required

1. High Powered Vacuum Cleaners . 3
2 Upholsteries- Cleaners 2
3 Rotary Machines 3
4 Host Extraction Carpet Cleaners 2
5 Cradle Machine For High Building (Glass and Marble). Optional 2
6 Telescope Poles. Optional 2
7 Window, floor Squeezers. 2
8 H-Bro Buffing Machine (1600RPL or higher) 2
9 Blower- Machine 2
10 Lawn- Mower 2
11 Car Park Sweepers (Motorize). Optional 2
12 Sponges Applicator 2

Office Facilities
• Adequate office space
• Adequate storage space
• Adequate Bathroom/toilet
• Adequate cloakroom
• Adequate water supply

For Class “C” License holders only. Class “B” & “A” holders are required to own equipment in higher number and sophistication according to the license desired.














Appendix 13
ENVIRONMENTAL HEALTH SERVICE NIGERIA CERTIFICATION Premises- Based Environmental Services Record Book/ Register
Date Nuisances Found Action Taken Further Action Name/ Sign of EHO
Recommended Inspection















Appendix 14
ENVIRONMENTAL HEALTH SERVICE CERTIFICATE
ABATEMENT NOTICE
To…………………………………………………………………………………...
Of …………………………………………………………………………………
You are required to abate within………days the nuisance at………….
Consisting of………………………………………………………………………
……………………………………………………………………………………………………………………………………………………………………………….
And for that purpose to………………………………………………………...
…………………………………………………………………………………………………………………………………………………………………………………………………………..and to prevent the recurrence of the nuisance.
Dated this………………day of …………20………Time ……….am/pm

………………………………..
Environmental Health officer.

I hereby certify that a copy of the above notice was served by me on the…………day of ………….20……..at….am/pm by being (state how served)…………………………………………………………………………….
In the presence of (Mr/Mrs/ Chief/ Miss)……………………as witness
………………………. …………………………
Name of witness Environmental Health officer.









LIST OF APPENDIX
APPENDIX No TITLE
Appendix 1 Colour code for waste sorting and segregation (CCWSS)
Appendix 2 Classes of waste collection license
Appendix 3 Minimum waste collection Materials & Equipment
Appendix 4 Application for registration or renewal of waste collection operator’s license
Appendix 5 Classes of waste disposal licenses
Appendix 6 Certificate of disinfestations/fumigation
Appendix 7 Minimum requirement for pest control license
Appendix 8 Certificate of fitness for habitation
Appendix 9 Certificate of fitness for continued habitation
Appendix 10 Certificate of fitness for continued
Appendix 11 Cleaning services providers categorization
Appendix 12 Minimum equipment for cleaning service provider
Appendix 13 Premises Based Environmental Health Record Book
Appendix 14 Abatement Notice


LIST OF ABBREVIATION
EHO Environmental Health Officer
EHPAN Environmental Health Practitioners Association of Nigeria
EHIMS Environmental Health Information Management System
NEHPR National Environmental Health Practice Regulations 2007.