CHAPTER ONE

INTRODUCTION

Background to the Study

Environmental degradation and the depletion of natural resources induced by human activities have attracted steadily growing concerns in the last decades. Such concerns made evident the necessity for the planning authorities to count on sound information about the possible environmental consequences of development actions. One of the tools available to satisfy this need is represented by the procedure of Environmental Impact Assessment (EIA). This procedure involves the systematic identification and evaluation of the impacts on the environment caused by a proposed project.
Nigeria (Africa’s most populous nation), independent since 1960, occupies an area of 923,768 km2 with varied climates and seasons. Presently, its estimated population is over 100 million people.
Prior to oil, agriculture (before 1970) was the economic mainstay. With financial resources available from oil and no development policy, unguided urbanization and industrialization took place. Uncontrolled population growth, desertification, and deforestation led to degradation and devastation of the environment. As desirable and necessary as development is, it became an albatross not of itself but because of the lack of appropriate policies to guide it. There were several sectoral regulations aimed at controlling environmental degradation which were unsuccessful due to the absence of effective sanctions. Economic considerations and fundamental lack of knowledge of interdependent linkages among development processes and environmental factors, as well as human and natural resources, resulted in an unmitigated assault on the environment. However, the environment and the need for its preservation (in spite of all efforts by United Nations Environment Program [UNEP] and International Conventions which Nigeria ratified), took centre stage after the momentous and singular event of the secret dumping of toxic waste in Koko Port, Bendel State (now Delta State) in May 1988 by foreign parties. This was followed by the promulgation of the Harmful Wastes (Special Criminal Provisions) Act 1990. In its wake, international seminars and workshops were held in Abuja and Lagos and the consensus was for a ppropriate environmental legislation to discourage short-term plans and ‘fire brigade’ approaches to environmental issues.
An institutional framework was set up to deal with the problems of our environment. The Federal Environmental Protection Agency (FEPA), established by Decree 58 of 1988 of the same name and amended by Decree 59 of 1992, was given responsibility for control over our environment and for the development of processes and policies to achieve this. Apart from publishing the National Policy on the Environment (NPE) in 1989, with the policy goal of achieving sustainable development, it published other sectoral regulations including the National Environmental Protection (Pollution Abatement in Industries and Facilities Generating Wastes) Regulation 1991 wherein EIA was made obligatory only when so demanded by FEPA and compliance was within 90 days of such demand. However in the oil industry the principal legislation is the Petroleum Act 1969 and all derivative regulations charged DPR among others with pollution abatement.
States and Local Government Councils (LG) which comprise the second and third tiers of government were encouraged under Decree 59 of 1992 to set up their own environmental protection agencies.
For a proposed project or activity, the Environmental Impact Assessment (EIA) process consists of the pre- decision stage and the post decision stage. The pre-decision stage consists of: screening to determine whether the project requires full Environmental Impact Assessment (EIA) or not; scoping to prepare the terms of reference of the Environmental Impact Assessment (EIA); impact prediction and analysis to establish the potential negative and positive environmental impacts of the proposed project and to propose mitigation measures and; review for decision making. The post decision stage known as follow-up is broadly defined as the collection of activities undertaken after approval of a project has been given following Environmental Impact Assessment (EIA) review. The purpose for undertaking these activities is to monitor, evaluate, manage and communicate the environmental outcomes that occur in order to ensure that projects are meeting intended goals and objectives and, more importantly, to provide for feedback and learning for improving environmental management practices (Arts et al. 2001). Follow-up involves monitoring and evaluation of project activities' outputs during the implementation, operation and decommissioning of the project against a priori selected environmental performance indicators to establish the accuracy of impact prediction made during the impact analysis stage. The monitoring and evaluation results are used to check compliance with regulations in force, the effectiveness of the mitigation measures and inform environmental management actions.
According to Harmer (2005), effective Environmental Impact Assessment (EIA)  should reduce the environmental impacts of developments if its recommendations are implemented is completely and adequately. Implementation of these recommendations can ensure that the expected benefits of Environmental Impact Assessment (EIA) forecast during the pre-decision stages of the process are achieved during project implementation and management. Furthermore, it enables the lessons, learned from experience to improve future practice of Environmental Impact Assessment. Without the implementations of the recommendations, Environmental Impact Assessment may be little more than a paper based exercise to obtain project approval. (Morrison- Saunders et al, 2001).

Statement of the Problem

The fundamental purpose of Environmental Impact Assessment is to integrate environmental considerations early in the decision- making process in order to identify and mitigate potential negative impacts of proposed actions. This is necessary to ensure that appropriate mitigation measures are incorporated during the planning phases of projects, activities and operations.
In spite its use in both developed and developing countries, the Environmental Impact Assessment (EIA)  processes have documented weaknesses that hamper its effective use. This has compromised its effective integration of social, economic and ecological considerations into sustainable development. Some of the generally documented Environmental Impact Assessment (EIA) weaknesses include: lack of meaningful partnership with the concerned public, poor quality and incomplete Environmental Impact Statement (EIS) often overpopulated with information and inadequate implementation of the proposed mitigation measures among others (Rafique, 2005).
Nigeria that have Abuja as its capital territory is a good example of a developing country with a highly ambitious EIA legislation in place taking into account environmental, social, cultural as well as economic impacts of planned projects. Yet, the Nigeria faces many environmental and social problems resulting from such economic activities. Having the poor growing economy in Sub Saharan Africa in 2011 (World Bank 2012).
The rate of environmental degradation of the country however is alarming due to such economic activities. The degradation pressures the livelihoods of a major part of Nigerians population, which depends on environmental natural recourses for survival.   Furthermore, it   is a major threat to Nigeria’s future growth potential and thus the country’s potential for poverty reduction. Therefore, despite the presence of an ambitious EIA system, negative environmental and social impacts of projects activities remain major challenges to achieve sustainable development in this country.
Views of researchers who have conducted studies on EIA practice in Nigeria suggest that the area of project EIA implementation and follow up needs improvement. According to Muhhamad (2003), there is need for the Nigerian public, lead agencies and FEPA to ensure full implementation of EIA and ISO 14000 as one of the measures of managing the negative environmental impacts of urbanization. Otherwise EIA will remain merely an instrument of approval of projects. Whether EIA mechanisms have worked or is working for Nigeria is a question that deserves an answer.
The problem of the study was therefore to investigate the factors influencing the implementation of environmental impact assessment recommendations on commercial projects in Abuja Nigeria.

Purpose of the Study

The purpose of the study was to analyze the factors influencing the implementation of environmental impact assessment recommendations on commercial projects in Abuja Nigeria.

Objectives of the Study

This study was guided by the following objectives.

• To determine the extent to which monitoring and evaluation by lead agencies influences the implementation of environmental impact assessment recommendations on commercial projects.
• To determine the extent to which public participation influences the implementation of environmental impact assessment recommendations on commercial projects.
• To determine the extent to which budgetary allocation influences the implementation of environmental impact assessment recommendations implementation on commercial projects.

Research Questions

The study was guided by the following research questions.

• To what extent does monitoring and evaluation by lead agencies effect the implementation of environmental impact assessment recommendation by commercial projects?
• How does public participation effect the implementation of environmental impact assessment recommendations on commercial projects?
• To what extent does budgetary allocation have on implementation of environmental impact assessment recommendations on commercial projects?

Significance of the Study

This study will incite project proponents, planners, designers, managers, the regulating authority, members of the public and lead agencies to re-look at commercial projects implementation of EIA recommendations with a view to improving EMP design and mechanisms of its implementation for better environmental performance. A proper EIA implementation ensures adherence to proponent commitments, license conditions, implementation of planned mitigation measures and appropriate management action on unpredicted negative impacts coming to light in the course of project implementation. The general public will as a consequence of positive action taken by the foregoing groups benefit from the resultant improved public health and safety situation.

Delimitation of the Study

This study consisted of the collection of information on implementation EIA recommendations in Abuja. The study also covered a random sample from licensed projects within the said geographical area only projects that fall under commercial categorization were selected for the study.

Limitation of the Study

The major limiting factor encountered for the study was number of EIA specialists in Abuja who were involved in commercial development projects who are relatively limited. The data collection method for the study required that questionnaires be served upon the identified crucial members it was expected that, the researcher and his assistants would encounter difficulties in reaching these people.

Assumptions of the Study

It was assumed that the truthfulness of the respondents and the reliability and validity of the instruments of survey would be such as to facilitate the collection of information whose analysis would culminate in the realization of useful results.

Definition of Significant Terms used in the Study

This section presents the definition of the key terms used in the study. The terms are defined within the context of the research study.
Environmental impact assessment (EIA): is an environmental management tool comprising of the components of; projects screening, scoping, impacts prediction and analysis, formulation of mitigation measures through public participation, environmental management plan formulation, decision taking, implementation and follow-up.
EIA implementation and follow up: consists of project activities undertaken after approval of EIA to ensure implementation of approval conditions, check the accuracy of impact prediction, measure the effectiveness of mitigation measures, monitor environmental performance of the project and disseminate management decisions to stakeholders.
Environmental management structure: is the mechanism put in place by a country's regulatory authority to enable it coordinate effectively the activities of international and local partners to realize a synergy towards environmental performance.

Lead agency: means any Government ministry, department, parastatal, state corporation or local authority, in which any law vests functions of control or management of any element of the environment or natural resource;
Monitoring and evaluation: refers to the collection of data through a series of repetitive measurements of environmental parameters (or more generally to a process of systematic) and assessment of their impact.
Environment Monitoring: Is the continuous assessment and determination of the actual potential effects of any activity on the environment
Project: defines an action or activity that leads to projects with an impact on the environment.

Environment: The complex of physical, chemical, and biotic factors (such as climate, soil, and living things) that act upon individual organisms and communities, including humans, and ultimately determine their form and survival. It is also the aggregate of social and cultural conditions that influence the life of an individual or community. The environment includes natural resources and ecosystem services that comprise essential life supporting functions for humans, including clean water, food, materials for shelter, and livelihood generation.
Impact: Any effect caused by a proposed activity on the environment, including effects on human health and safety, flora, fauna, soil, air, water, climate, landscape and historical monuments, or other physical structures, or the interaction among those factors. It also includes effects on cultural heritage or socioeconomic conditions resulting from alterations to those factors.

Organization of the study

Chapter one gives a general introduction (significance, problem and purpose statement, scope as well as framework) of the study. Additionally, this chapter shows that this research will provide vital information for the improvement of the practice of Environmental Impact assessment and both in Nigeria and by extension other developing countries. Chapter two provides a general review of the available literature information on EIA systems. Focus is made on the general EIA system in Nigeria where legal documents, research papers, journal articles, conference proceedings and thesis are analyzed to determine weaknesses. The practice of EIA and its current role in Environmental Assessment in Nigeria is also looked into. In addition, this chapter also constructs a conceptual frame work of the study. And finally Chapter three focuses on the methods used for this study; it documents the necessary steps taken to obtain results, analyze them and present them in a scientific manner. Chapter four explains the data analysis made and how the analysed date is to be presented. It reduces raw data to intelligible and interpretable form using statics. It discusses the relationships differences and meaning of research results
Chapter five gives a summary of the findings of the study. A discussion of the findings is done in the chapter. This is done by comparing and contrasting of the findings with other empirical findings show how the findings agree or disagree with the existing body of knowledge.