EIA Country Report for Nigeria

Legal Framework
State, Country or Province: 
Nigeria
EIA law: 
Environmental Impact Assessment Decree, No. 86 of 1992
EIA Guidelines or Other Guidance: 
Environmental Impact Assessment Procedural Guidelines (FEPA, 1995)
EIA Procedure
Projects Requiring EIA: 
Government projects
Projects Requiring EIA: 
Private projects
Abridged Assessments: 
Yes
Assessments Detail: 
"Where a project for which an environmental assessment is not required under section 15 of this Decree is to be carried out in Nigeria and the Agency or the President, Commander-in-Chief of the Armed Forces is of the opinion that the project is likely to cause serious adverse environmental effect on Federal Lands or on lands in respect of which a State or Local Government has interests, the Agency or the President may establish a review panel to conduct an assessment of the environmental effects of the project on those lands." Decree No. 86, sec. 51
Best Practices in Lieu of EIA: 
No
Who Conducts Screening: 
Government
Who Conducts Screening Detail: 
Decree No. 86, secs. 16, 22
Criteria for Screening: 
List or appendix of project or activity types
Criteria for Screening: 
Proposed project or activity may cause significant environmental impact
Criteria for Screening Detail: 
"Where the extent, nature or location of a proposed project or activity is such that is likely to significantly affect the environment, its environmental impact assessment shall be undertaken in accordance with the provisions of this Decree." Decree No. 86, sec. 2(2); see also Schedule 1 (listing mandatory study categories)
Who Prepares EIA: 
Project Proponent (with or without contractor)
Who Prepares EIA Detail: 
Responsibility for preparation of the EIA is not clearly addressed in the EIA laws. From context, it appears to be the responsibility of the project proponent. See Decree No. 86, sec. 23(a) (agency must ensure that an EIA report is prepared and submitted to the agency); see also sec. 25(1) (after "receiving" EIA, agency shall publish notice)
Who Pays for EIA: 
Project Proponent
Who Pays for EIA Detail: 
This is not expressly addressed in the law, but is presumed from the context.
EIA Contractor Qualifications: 
No
Conflict of Interest: 
No
Terms of Reference (TOR): 
No
Days for Decisionmaker Review: 
Not specified
Automatic Approval: 
No
Automatic Approval Detail: 
The EIA law does not expressly provide for automatic approval.
Written Decision: 
Yes
Written Decision Detail: 
"The Agency's decisions on any proposed activity subject to environmental impact assessment shall. . . be in writing[.]" Decree No. 86, sec. 9(1)(a). In addition, the Agency must advise the public of mitigation measures and monitoring activities that will be required. See Decree No. 86, sec. 41(2)
Authority to Impose Conditions: 
Yes
Authority to Impose Conditions Details: 
"Where the Agency has given certain conditions before the carrying out of the project, the conditions shall be fulfilled before any person or authority shall embark on the project." Decree No. 86, sec. 13(2); see also sec. 10 (granting Council authority to determine whether a project and its impacts on the environment should be subject to supervision)
Expiry of Decision: 
Variable
Financial Assurances or Bond: 
No
EIA Content
Interdisciplinary Team: 
No
Range of Alternatives: 
Yes
Range of Alternatives Detail: 
An EIA must include "an assessment of the likely or potential environmental impacts on the proposed activity and the alternatives. . . ." Decree No. 86, sec. 4(d); see also sec. 17(2)(b) (EIA must include consideration of " alternative means of carrying out the project that are technically and economically feasible and the environmental effects of any such alternative means")
No Action Alternative: 
No
Type(s) of Impact Analysis: 
Direct environmental impacts
Type(s) of Impact Analysis: 
Cumulative environmental impacts
Type(s) of Impact Analysis: 
Social impacts
Type(s) of Impact Analysis: 
Health impacts
Type(s) of Impact Analysis: 
Economic impacts
Mitigation: 
Yes
Mitigation Detail: 
The EIA must include "an identification and description of measures available to mitigate adverse environmental impacts of [the] proposed activity and assessment of those measures. . . ." Decree No. 86, sec. 4(e); see also sec. 17(1)(d)
Monitoring Plans: 
Sometimes
Monitoring Plans Detail: 
It is within discretion of Agency to decide whether the EIA process will include "the design and implementation of a follow-up program." Decree No. 86, sec. 16; see also sec. 17 (mandatory study must include a discussion of "the need for and the requirements of any follow-up program in respect of the project").
Access to Information
Draft EIA Available: 
No
Draft EIA Locations: 
Not Available
Public Notice of Final EIA: 
Yes
Public Notice of Final EIA Detail: 
"After receiving a mandatory study report in respect of a project, the Agency shall, in any manner it considers appropriate, publish in a notice setting out the following information – (a) the date on which the mandatory study report shall be available to the public; (b) the place at which copies of the report may be obtained. . . ." Decree No. 86, sec. 25(1)
Final EIA Available: 
Yes
Final EIA Available Detail: 
The EIA must be made available to members of the public; however, the agency has sole discretion to determine the place(s) where the assessment may be obtained. See Decree No. 86, sec. 25(1)
Final EIA Locations: 
Other
Availability of Reference Studies: 
Yes
Availability of Reference Studies Detail: 
"For the purpose of facilitating public access to records relating to environmental assessments, a public registry shall be established and operated in accordance with the provisions of this Decree in respect of every project for which an environmental assessment is conducted." Decree No. 86, sec. 57(1). The registry "shall contain all records and information produces, collected or submitted with respect to the environmental assessment of the project . . . ." Id., sec. 57(3). Some information may be withhold from public disclosure. See Id., sec. 57(4), (5), (6)
Public Notice of Final Decision: 
Yes
Public Notice of Final Decision Detail: 
"The report of the Agency shall be made available to interested person or group." Decree No. 86, sec. 9(2) [Note: "Report" refers to the Agency's decision] "If no interested person or group requested. . . the report, it shall be the duty of the Agency to publish its decision in a manner by which members of the public or persons interested in the activity shall be notified." Decree No. 86, sec. 9(3)
Public Participation
Public Scoping: 
Yes
Public Scoping Detail: 
The EIA Decree seems to suggest that there is public involvement during the screening process. Section 17(1)(c) states that every screening shall include a consideration of "comments concerning [environmental] effects received from the public, [in] accordance with provisions of this Decree." In addition, the Agency may not make a decision on a screening report unless it has given the public an opportunity to examine and comment on the screening report and any record that has been filed in the public registry. Decree No. 86, sec. 22(3)
Public Participation Opportunities: 
Scoping
Public Participation Opportunities: 
Public meetings and/or public hearings
Public Participation Opportunities: 
Review of final EIA
Public Meetings: 
Sometimes
Public Meetings Detail: 
Public hearings are held if the EIA is referred to a review panel pursuant to section 27 of Decree No. 86. If referral occurs, the review panel "shall, in accordance with the provisions of this Decree and its terms of reference. . . hold [a] hearing in a manner that offers the public an opportunity to participate in the assessment. . . ." Decree No. 86, sec. 37(b)
Public Input at Meeting: 
Yes
Public Input at Meeting Detail: 
The review panel "shall, in accordance with the provisions of this Decree and its terms of reference. . . hold [a] hearing in a manner that offers the public an opportunity to participate in the assessment. . . ." Decree No. 86, sec. 37(b); see also sec. 44(c)
Criteria to Hold Public Meeting: 
The proposed project is controversial
Criteria to Hold Public Meeting: 
Ministry or agency has discretion to decide whether to hold a meeting and/or hearing
Days for Public to Review Final EIA: 
Variable
Public Comments on Final EIA: 
Yes
Public Comments on Final EIA Detail: 
"After receiving a mandatory study report in respect of a project, the Agency shall, in any manner it considers appropriate, publish in a notice setting out . . . the deadline and address for filing comments on the conclusions and recommendations of the report." Decree No. 86 sec. 25(1)(c). Prior to the deadline, "any person may file comments with the Agency relating to the conclusions and recommendations of the mandatory study report [EIA]." Id., sec. 25(2)
Response to Public Comments: 
Yes
Response to Public Comments Detail: 
See Decree No. 86, secs. 17(1)(c), 26
Facilitation of Public Participation: 
No
Judicial Review/Enforcement
Project Monitoring: 
Yes
Project Monitoring Detail: 
If the Agency decides to permit a project to be carried out "it shall, in accordance with this Decree, design any follow-up programme that it considers appropriate for the project and arrange for the implementation of that one." Decree No. 86, sec. 41(1)
   Updated 17 Jun, 2014