NOISE POLLUTION AND RELIGIOUS FREEDOM IN NIGERIA
Edited By: Asy'kobi
Noise is not healthy for human beings. It is also an enemy to the environment as it pollutes the surroundings. Constant exposure to loud noise, experts say, affects human auditory system, especially when it is above the normal 85 decibels (dBs). Noise above the normal decibels is capable of perforating human ear membranes which can result in temporary hearing loss. There are many individuals who suffer from aural disorders caused by noise pollution. This disorder apparently manifests in the damage of the auricle as an initial sign.
Experts contend that noise is one of the most dangerous and silent environmental pollutions as its effects on human body system could lead to death. Horn speakers used by churches, mosques and music sellers constitute a heavy source of noise.Mindful of the health hazard associated with noise, the Lagos State Government recently came down hard on some sources of noise pollution. This it did by closing or sealing off some churches and mosques, among other institutions, from which deafening noises emanate. Such are worship centres that use ahuja speakers to conduct their services, even at nights. Consequently, following the Environmental Protection Agency Law 2012 (as amended), the Lagos State Environmental Protection Agency (LASEPA) shut down some places of worship after series of complaints from residents, whose lives have been affected by ceaseless noise.
Law against Noise Pollution in Nigeria:
The legal regime on Noise Pollution in Nigeria can be considered under two main headings, namely, the common law and the policy and statutes. The common law intervention is through the actionable tort of nuisance. Through a court action for nuisance, an aggrieved person can obtain damages for injury suffered from the offensive noise and also injunction to stop any further course of the proceedings that the noise generated and emitted by the defendants was excessive and much more than any noise that can be produced in any noisy area in Nigeria. The court held that the noise was excessive and awarded damages the plaintiff and also restrained the defendants from further act of noise nuisance.
However, the common law remedy through court action does not offer a comprehensive and infallible solution to noise pollution in Nigeria as a result of some inherent socio-economic factors. One of such factor is the high cost of legal fees and the frustration of forensic battles in Nigeria where the adversary system of justice system is operated. Another factor is the traditional inclination of Nigerians to avoid legal confrontation with neighbours or other people. Taken together, the likely result of these inherent factors is that many citizens may shy away from instituting court action to confront noise pollution even where they are directly affected.
Due to the above problems in relation to common law, policy and statutes seem desirable. Looking to the serious and disastrous effects of noise pollution on human life, it is essential to take preventive and protective measures. There is no doubt; the Nigerian government has taken bold steps to curtail noise especially in the cities. As regards the statutory control of noise, it is surprising that, until recently, there existed no law under the Nigerian legal system exclusively, dealing with the problem of noise or its control. Nigeria and its parts thereof lacked specific legislation on noise pollution as is the case in countries like the United States of America and United Kingdom.
When noise from industries, construction sites, religious and club houses exceeds the recommended level of decibel defined by environmental and health authorities, it amounts to pollution and therefore hazardous to the wellbeing of all those within the reach of the noise. Any excessive amount of noise that disrupts the natural rhythm of life certainly makes for one solid pollutant.
Besides being an environmental hazard to the health of residents, disproportionate noise especially at odd hours infringes upon the rights of others. While God made the day for man to toil, the night is naturally for rest and sleep. The right of residents to this natural pleasure must therefore not be hindered or interrupted. Health consequences of regular exposure to consistent elevated sound level include hearing impairment, hypertension, stress, sleep disorders, annoyance and other aggressive behaviors.
It is typical of hotel and bar operators to play loud music throughout the night without caring about the nuisance such an action constitutes to residents. The abuse of religious rites through night vigils in churches and preaching in the mosques has also become a source of noise pollution in Nigeria. The fact that the loudspeakers of some religious houses are sometimes equal in size to even the building hosting the device is enough evidence to fault religious houses in the misuse of public address systems.
The call to prayer by Muslims, unlike the night vigil in Christendom, is a rite that does not usually last longer than five minutes on each of the five occasions it takes place daily. The last of it comes up at about 8.00 pm when the night is still young. Any religious activity that goes beyond midnight is a discretionary event that should and could hold without flouting any environmental laws. Coordinators of religious and social events should ensure that such activities do not extend beyond midnight or the time defined by the state environmental law. Proprietors of religious houses would equally do better by locking up their places of worship to forestall any follower misusing their building to contravene environmental laws on noise pollution.
While I advice states in the country to enforce environmental laws on noise pollution, the National Environmental Standards and Regulations Enforcement Agency (NESREA) which has patently failed in its statutory responsibilities must wake up from its slumber to ensure that environmental laws are strictly adhered to with offenders prosecuted and appropriately sanctioned according with provisions of the Act. NESREA which was established in 2007 has the statutory responsibility for the protection and development of the Nigerian environment including coordination and liaison with relevant stakeholders within and outside Nigeria on matters of enforcement of environmental standards, regulations, rules, laws, policies and guidelines.
Experts contend that noise is one of the most dangerous and silent environmental pollutions as its effects on human body system could lead to death. Horn speakers used by churches, mosques and music sellers constitute a heavy source of noise.Mindful of the health hazard associated with noise, the Lagos State Government recently came down hard on some sources of noise pollution. This it did by closing or sealing off some churches and mosques, among other institutions, from which deafening noises emanate. Such are worship centres that use ahuja speakers to conduct their services, even at nights. Consequently, following the Environmental Protection Agency Law 2012 (as amended), the Lagos State Environmental Protection Agency (LASEPA) shut down some places of worship after series of complaints from residents, whose lives have been affected by ceaseless noise.
Law against Noise Pollution in Nigeria:
The legal regime on Noise Pollution in Nigeria can be considered under two main headings, namely, the common law and the policy and statutes. The common law intervention is through the actionable tort of nuisance. Through a court action for nuisance, an aggrieved person can obtain damages for injury suffered from the offensive noise and also injunction to stop any further course of the proceedings that the noise generated and emitted by the defendants was excessive and much more than any noise that can be produced in any noisy area in Nigeria. The court held that the noise was excessive and awarded damages the plaintiff and also restrained the defendants from further act of noise nuisance.
However, the common law remedy through court action does not offer a comprehensive and infallible solution to noise pollution in Nigeria as a result of some inherent socio-economic factors. One of such factor is the high cost of legal fees and the frustration of forensic battles in Nigeria where the adversary system of justice system is operated. Another factor is the traditional inclination of Nigerians to avoid legal confrontation with neighbours or other people. Taken together, the likely result of these inherent factors is that many citizens may shy away from instituting court action to confront noise pollution even where they are directly affected.
Due to the above problems in relation to common law, policy and statutes seem desirable. Looking to the serious and disastrous effects of noise pollution on human life, it is essential to take preventive and protective measures. There is no doubt; the Nigerian government has taken bold steps to curtail noise especially in the cities. As regards the statutory control of noise, it is surprising that, until recently, there existed no law under the Nigerian legal system exclusively, dealing with the problem of noise or its control. Nigeria and its parts thereof lacked specific legislation on noise pollution as is the case in countries like the United States of America and United Kingdom.
When noise from industries, construction sites, religious and club houses exceeds the recommended level of decibel defined by environmental and health authorities, it amounts to pollution and therefore hazardous to the wellbeing of all those within the reach of the noise. Any excessive amount of noise that disrupts the natural rhythm of life certainly makes for one solid pollutant.
Besides being an environmental hazard to the health of residents, disproportionate noise especially at odd hours infringes upon the rights of others. While God made the day for man to toil, the night is naturally for rest and sleep. The right of residents to this natural pleasure must therefore not be hindered or interrupted. Health consequences of regular exposure to consistent elevated sound level include hearing impairment, hypertension, stress, sleep disorders, annoyance and other aggressive behaviors.
It is typical of hotel and bar operators to play loud music throughout the night without caring about the nuisance such an action constitutes to residents. The abuse of religious rites through night vigils in churches and preaching in the mosques has also become a source of noise pollution in Nigeria. The fact that the loudspeakers of some religious houses are sometimes equal in size to even the building hosting the device is enough evidence to fault religious houses in the misuse of public address systems.
The call to prayer by Muslims, unlike the night vigil in Christendom, is a rite that does not usually last longer than five minutes on each of the five occasions it takes place daily. The last of it comes up at about 8.00 pm when the night is still young. Any religious activity that goes beyond midnight is a discretionary event that should and could hold without flouting any environmental laws. Coordinators of religious and social events should ensure that such activities do not extend beyond midnight or the time defined by the state environmental law. Proprietors of religious houses would equally do better by locking up their places of worship to forestall any follower misusing their building to contravene environmental laws on noise pollution.
While I advice states in the country to enforce environmental laws on noise pollution, the National Environmental Standards and Regulations Enforcement Agency (NESREA) which has patently failed in its statutory responsibilities must wake up from its slumber to ensure that environmental laws are strictly adhered to with offenders prosecuted and appropriately sanctioned according with provisions of the Act. NESREA which was established in 2007 has the statutory responsibility for the protection and development of the Nigerian environment including coordination and liaison with relevant stakeholders within and outside Nigeria on matters of enforcement of environmental standards, regulations, rules, laws, policies and guidelines.
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