NESREA Uncovers Illegal Donkey Abattoirs in Adamawa

The National Environmental Standards and Regulations Enforcement Agency (NESREA) recently uncovered illegal donkey abattoirs in Adamawa State, raising significant concerns about the alarming rate of donkey slaughter and its potential to drive the species to extinction in Nigeria. This discovery highlights the persistent challenges in enforcing environmental and wildlife protection laws amidst a lucrative illegal trade, primarily driven by demand for donkey skins. The incident underscores the critical need for robust regulatory oversight, inter-agency collaboration, and public awareness to safeguard Nigeria's biodiversity and natural resources, particularly given existing national and international commitments to protect endangered species.

The recent discovery by the National Environmental Standards and Regulations Enforcement Agency (NESREA) of clandestine donkey abattoirs operating in Adamawa State has brought to the forefront Nigeria's ongoing struggle with illegal wildlife trade and environmental degradation. The agency expressed profound concern that the large-scale, commercial slaughter of donkeys in the state poses a severe threat to the species, potentially leading to its extinction. This alarming development is not an isolated incident but rather indicative of a broader, illicit trade network that exploits Nigeria's natural resources for economic gain, often with devastating ecological consequences.

This article delves into the legal and regulatory framework governing environmental protection and wildlife conservation in Nigeria, examining NESREA's mandate and the specific laws applicable to the protection of donkeys. It will analyze the implications of these illegal operations within the context of national legislation and international conventions, highlighting the gaps and challenges in enforcement. Ultimately, the article aims to provide legal professionals with a comprehensive understanding of the legal landscape surrounding this issue and the potential avenues for intervention and reform.

Nigeria's environmental protection efforts are primarily anchored by the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, 2007 (NESREA Act). This foundational legislation empowers NESREA as the principal agency responsible for enforcing all environmental laws, guidelines, policies, standards, and regulations in Nigeria. Its mandate extends to biodiversity conservation and the sustainable development of Nigeria's natural resources, including ensuring compliance with international agreements and treaties to which Nigeria is a signatory. This broad mandate positions NESREA at the forefront of combating illicit activities that threaten the nation's ecological balance.

Complementing the NESREA Act is the Endangered Species (Control of International Trade and Traffic) Act, 1985, which aims to conserve and manage Nigeria's wildlife and protect endangered species from over-exploitation. This Act prohibits the hunting or trading of animal species listed in its First Schedule, which are deemed threatened with extinction, and regulates trade in species in the Second Schedule that may become threatened without control. Furthermore, the National Environmental (Protection of Endangered Species in International Trade) Regulations, 2011, enacted under the NESREA Act, criminalize the import, export, re-export, or introduction from the sea of any specimen listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Schedules to the Act without a valid permit. Nigeria is a signatory to CITES, and NESREA is responsible for enforcing its provisions.

Specifically concerning donkeys, the National Council on Agricultural and Rural Development in 2017 banned their large-scale slaughter to prevent extinction. Moreover, Nigeria passed a resolution in May 2023 advocating for a moratorium on donkey slaughter for the export of skins from Africa. Despite these measures, the illegal trade persists, driven by demand for donkey skins, particularly for traditional medicine in Asia. While Nigeria lacks a standalone Animal Welfare Act, the Criminal Code (1990) contains provisions prohibiting acts of cruelty to animals, and the Nigerian Animal Welfare Strategy (2016) is intended to guide future legislative revisions. At the state level, the Adamawa State Ministry of Environment and the Adamawa State Environmental Protection Agency Law (1991) are responsible for environmental protection and enforcement within the state.

The discovery of illegal donkey abattoirs in Adamawa State directly implicates several layers of Nigerian environmental and wildlife law. NESREA's intervention is well within its statutory powers under the NESREA Act, 2007, which grants the agency authority over biodiversity conservation and the enforcement of environmental standards. The mass slaughter of donkeys, particularly in unregulated facilities, likely violates environmental regulations pertaining to waste management, pollution control, and public health, which fall under NESREA's purview. The agency has the power to prohibit processes and technologies that undermine environmental quality and to take legal action against violators.

The legal status of donkeys under the Endangered Species (Control of International Trade and Traffic) Act, 1985, is crucial. While donkeys may not be explicitly listed in the First Schedule as 'absolutely prohibited' species, their rapidly declining population due to over-exploitation for their skins strongly suggests they qualify for protection under the Act's broader intent to prevent extinction. The National Environmental (Protection of Endangered Species in International Trade) Regulations, 2011, further strengthen this by making unauthorized trade in listed species an offence, with significant penalties including fines and imprisonment. The fact that donkey parts are often destined for international markets underscores the relevance of Nigeria's commitments under CITES, which NESREA is mandated to enforce.

Despite the existing legal framework and the 2017 ban by the National Council on Agricultural and Rural Development on large-scale donkey slaughter, illegal operations persist. This highlights a significant enforcement gap, often attributed to the lucrative nature of the illegal trade, particularly the demand for ejiao in China. Legislative efforts, such as the Donkey Slaughter Regulation and Export Certification Bill 2021, which passed the Senate in April 2023, aim to regulate the trade and promote breeding and ranching to mitigate extinction. However, the existence of such bills and resolutions, while positive, indicates that a comprehensive, fully enacted, and rigorously enforced legal prohibition or highly regulated framework is still evolving.

The lack of a dedicated, comprehensive Animal Welfare Act in Nigeria also presents a challenge. While the Criminal Code addresses cruelty, it may not adequately cover the welfare standards in commercial slaughter operations or the broader ethical considerations of mass animal exploitation. The Adamawa State Environmental Protection Agency, operating under its 1991 Law, also has a role in monitoring and enforcing environmental protection measures at the state level, including pollution control and waste disposal from such abattoirs. Effective collaboration between federal agencies like NESREA and state environmental bodies is essential for a coordinated response to these illicit activities.

Comparative law shows that other African countries have also grappled with this issue, with some implementing temporary bans or controlled export models. The ongoing illegal trade, despite restrictions, often shifts operations underground and to more remote areas, making detection and enforcement more difficult. This necessitates a multi-pronged approach involving not only law enforcement but also community engagement, public awareness campaigns, and international cooperation to address the demand side of the trade.

The uncovering of illegal donkey abattoirs in Adamawa State serves as a stark reminder of the ongoing threats to Nigeria's biodiversity and the persistent challenges in environmental law enforcement. For legal practitioners, this incident underscores the critical importance of understanding the interplay between the NESREA Act, the Endangered Species Act, and related regulations, as well as the evolving legislative landscape concerning donkey protection. The potential for criminal prosecution under these statutes, coupled with the significant penalties for environmental and wildlife offenses, highlights the serious legal ramifications for individuals and entities involved in such illicit activities.

Moving forward, practitioners should anticipate increased vigilance and enforcement actions from NESREA and collaborating agencies like the Nigeria Customs Service, particularly given Nigeria's commitment to international conventions like CITES and recent resolutions against donkey slaughter. The ongoing legislative efforts to either ban or strictly regulate the donkey trade may lead to more stringent laws and regulations, necessitating a proactive approach to compliance for any businesses involved in animal husbandry or related industries. Ultimately, a holistic strategy encompassing robust legislation, effective inter-agency coordination, public education, and international cooperation is essential to curb the illegal donkey trade and protect this valuable species from extinction, ensuring sustainable resource management for future generations.