Investor Presentaiton
CHALLENGES IN THE IMPLEMENTATION OF EIA ACT IN NIGERIA: EMANATING
FROM THE ACT
There are challenges emanating from the content and the drafting of the Act itself.
Proponent or Project executor: Section 13(a) where the proponent is required to conduct an EIA
irrespective of whether the said proponent is Federal, State or Local Government. This is often cited
by Project executors as they point the Enforcement Agency to the "proponent". Whereas Section 2
makes it expressly clear that the public or private sector of the economy shall not undertake or
embark on or authorise projects or activities without prior consideration, at an early stage, of their
environmental effects. The mandatory requirement of the "proponent" to carry out EIA has been a
major drawback in the practical implementation and enforcement of the above provision in the Act.
Most facilities refer enforcement authority to the so called proponents, most often, the Federal, State
or Local Government of Nigeria. Proponent should actually be replaced with Project Executor.
Penalty: The violation of the Act carries a maximum penalty of N1 million naira for corporate
bodies, which by present day value is not enough deterrent for the offence. This encourages
consistent default by companies who prefer to pay a paltry sum of N1 million Naira instead of
embarking on an EIA that would cost more.
The Mandatory List. Provision for emerging sectors should have been included.View entire presentation