FG slams N2m fine on battery regulations defaulters

The Federal Government has declared that any facility that uses or produces batteries and violates the battery control regulations in Nigeria is going to pay N2m as a fine, adding that its officials risk a six-month jail term.

It declared this through the National Environmental Standards and Regulations Enforcement Agency in Abuja on Thursday at the launching of the National Environmental (Battery Control) Regulations for Civil Society and Press.

The Director-General of NESREA, Innocent Barikor, in his speech made available to our correspondent, said the use of batteries is now an alternative energy source due to the rising cost of fossil fuel.

“Hence there is an urgent need to regulate the hodgepodge of batteries that will be happening in the battery industry,” he stated.

Barikor explained that the battery control regulations deal with the production, storage, transportation offenses and penalties that can be given to offenders in the battery industry.

He said the battery disposal method in Nigeria is not in tune with global best practices, hence the need for the regulations.

“There are penalties and one of such is the fact that for corporate organisations, you have as high as, not less than N2m, but it can be more than that for violation of the environment as it relates to the battery and improper disposal of battery. And for individuals, you have as much as N200,000, not below N200,000, and even a jail term can follow.

“These are just the little and the most highlights we can give in this. When we put this on our website, I know that Nigerians will have the responsibility to read through it.  The regulation also gives Nigerians the specific responsibility as citizens to say what they see, particularly when it comes to the dumping of batteries in public spaces, water, air, and land.”

The Director of Legal Services at NESREA, Mr George Tyendwa, represented by the Assistant Director, Legal Department Desk Officer, and Battery Control Regulations, Cynthia Abiye-Whye, said when the agency notices non-compliance with the battery control regulations and identifies a threat to human health, the culpable facility will be sealed even without a court order.

“Where there is non-compliance, sealing will be enforced with a court order. But where these contraventions are of imminent danger to the environment and human health, the agency goes straight without a court order to seal while we secure a court order.

“So we do not wait to secure a court order before sealing a facility where imminent danger is on,” he said.

Commenting further, he said, “According to the severity of the offense, it could go as high as N10m. It could go as high as N20m and N50m. So it must not be less than N2m, because these offenses, as we know and as we have seen, are quite severe. That’s for corporate companies.

“Then for the individuals, for instance, in the value chain, we have the collectors, pickers, distributors, and so on. So any individual who offends, it (the fine) is not less than N200,000 upon conviction. The N200,000 is the minimum. So it will go as much as N5m for an individual, depending on the severity of the offense.”

Tyendwa however recommended that all relevant stakeholders should critically study and comply with the provisions of the regulations.

He said the effectiveness of the regulations relies on the coordinated and multi-dimensional approach that includes robust enforcement, widespread public education, substantial investment in infrastructure, and active stakeholder collaborations.