No evidence criminals behind Ogun schools’ gas leaks – Commissioner

Recent recurring gas leaks in Ijebu-Ode schools, Ogun State, have led to the hospitalization of over 200 students and teachers, prompting significant public concern. While the Ogun State Commissioner for Environment, Dr. Ola Oresanya, has ruled out criminal activity, investigations are ongoing to identify the precise source of the methane emissions, with geological factors being considered. This development underscores the critical importance of robust environmental safety regulations, their enforcement, and the potential civil and regulatory liabilities for entities responsible for such incidents. The absence of criminal intent shifts the legal focus towards negligence, strict liability, and compliance with a myriad of environmental, public health, and school safety laws designed to protect citizens, particularly vulnerable populations like schoolchildren.

The serene academic environment of several schools in Ijebu-Ode, Ogun State, has been repeatedly disrupted by alarming gas leaks, leading to the hospitalization of over 200 students and teachers. These incidents, which have occurred on multiple occasions between April and June, have raised serious questions regarding environmental safety, public health, and regulatory oversight in the state. Preliminary environmental assessments have detected high concentrations of methane, prompting immediate school closures and emergency response measures.

In response to the crisis, the Ogun State Commissioner for Environment, Dr. Ola Oresanya, confirmed the presence of methane and stated that investigations have, thus far, ruled out criminal involvement. This assertion redirects the legal discourse from criminal prosecution to a detailed examination of regulatory compliance, civil liabilities, and the efficacy of existing environmental protection frameworks. This article will delve into the relevant Nigerian legal and regulatory landscape governing hazardous substances, public safety, and school environments, analyzing the implications of these gas leaks for various stakeholders and the avenues for redress.

The recurring nature of these incidents highlights systemic challenges in environmental management and the protection of vulnerable populations. It necessitates a comprehensive review of the duties owed by governmental bodies, facility operators, and even school authorities to ensure a safe and healthy environment, particularly in educational institutions. The focus will be on identifying the legal instruments that can be leveraged to prevent future occurrences and to hold responsible parties accountable, even in the absence of deliberate criminal acts.

Nigeria's environmental protection framework is multi-layered, involving federal and state legislation, as well as various regulatory agencies. At the federal level, the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, 2007 (NESREA Act) establishes the National Environmental Standards and Regulations Enforcement Agency (NESREA) with the mandate to enforce environmental laws, guidelines, policies, and standards across Nigeria. NESREA is empowered to ensure compliance with regulations on the importation, exportation, production, distribution, storage, sale, use, handling, and disposal of hazardous chemicals and waste, excluding the oil and gas sector.

Complementing the NESREA Act is the Environmental Impact Assessment Act, 1992 (EIA Act), which mandates that all major development projects likely to have significant environmental effects undergo an Environmental Impact Assessment (EIA) before approval. This Act aims to integrate environmental considerations into project planning and decision-making, safeguarding public health and environmental quality. For the oil and gas sector, the Department of Petroleum Resources (DPR), now largely superseded by the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) and the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) under the Petroleum Industry Act (PIA) 2021, previously issued Guidelines for the Establishment and Operations of Downstream Gas Facilities, which stipulate minimum requirements for gas installations. The Standards Organisation of Nigeria (SON) also plays a crucial role by setting and enforcing standards for products like LPG steel cylinders, including their lifespan and requalification requirements.

At the state level, the Ogun State Environmental Protection Agency (OGEPA) is responsible for protecting human and environmental health within the state, regulating the manufacturing, processing, distribution, and use of chemicals and other pollutants. OGEPA has its own set of laws and regulations, including those concerning hazardous materials and chemicals. Furthermore, the Factories Act, Cap F1, LFN 2004, provides for the safety, health, and welfare of workers in factories and industrial settings, which may extend to certain aspects of school facilities or the operations of gas suppliers. The National Health Act 2014 also provides a framework for the regulation and management of Nigeria's health system, setting standards for health services. These legal instruments collectively form the bedrock for addressing incidents like the gas leaks in Ogun State schools.

The Commissioner's finding that there is "no evidence criminals behind Ogun schools’ gas leaks" shifts the legal inquiry from deliberate malice to potential negligence, regulatory non-compliance, or accidental discharge. This means that while criminal charges may not be pursued, civil actions and regulatory penalties remain significant possibilities. The principle of 'duty of care' is central here, requiring individuals and organizations to take reasonable care to avoid acts or omissions that could foreseeably cause harm to others. School authorities, gas suppliers, and even property owners in the vicinity could be found to have breached this duty if their actions or inactions contributed to the leaks.

Under environmental law, the 'polluter pays' principle is a fundamental concept, holding that the party responsible for environmental harm is liable for the costs of remediation and compensation to victims. While NESREA's mandate generally excludes the oil and gas sector, the Ogun State Environmental Protection Agency (OGEPA) has broad powers to regulate hazardous materials and enforce environmental standards within the state. OGEPA has previously sealed industries for violating environmental regulations, including failure to install effluent treatment plants, demonstrating its enforcement capacity. The detection of methane, whether from industrial sources, faulty gas installations, or even geological factors like peat, necessitates a thorough investigation to pinpoint the source and assign liability.

The recurring nature of the leaks, as highlighted by AfriSAFE, a safety advocacy group, suggests a systemic failure in either preventing such incidents or responding effectively. This could lead to claims of negligence against regulatory bodies for inadequate oversight or enforcement. Nigerian courts have, in some instances, held the government responsible for abuses by oil companies, emphasizing the government's duty to enact and enforce effective laws to protect the environment and human rights. The ECOWAS Court, in *SERAP v. Nigeria*, found the Nigerian government responsible for failing to protect the Niger Delta from oil pollution, underscoring the state's obligation to ensure a satisfactory environment.

Furthermore, the doctrine of strict liability, particularly as derived from the rule in *Rylands v Fletcher*, could be invoked. This principle holds that a person who brings onto his land and keeps there anything likely to do mischief if it escapes, is prima facie answerable for all damage which is the natural consequence of its escape, irrespective of fault. Given that gas is an inherently dangerous substance, any entity responsible for its storage or transmission could face strict liability for damages caused by its escape. The Standards Organisation of Nigeria (SON) also mandates requalification of LPG cylinders every five years and warns against substandard cylinders, indicating potential liability for suppliers or users of non-compliant equipment.

For the affected schools, the National Policy on Safety, Security and Violence-Free Schools, along with its implementing guidelines, developed in 2020, outlines the obligation of the Nigerian government to ensure safety in schools, including protection from hazardous materials. Educational institutions are required to provide a safe, hygienic, and hazard-free environment, with state regulations mandating minimum infrastructure and safety protocols. This places a clear responsibility on school management and the state's education authorities to ensure the safety of students from environmental hazards.

The recurring gas leaks in Ogun State schools, while not currently attributed to criminal intent, present a complex legal challenge demanding rigorous application of Nigeria's environmental, public health, and safety laws. The focus now shifts to identifying the precise source of the methane emissions and holding all responsible parties, whether individuals, corporations, or even governmental agencies, accountable for any breaches of their statutory duties or common law obligations. This includes potential civil liability for negligence, strict liability for hazardous activities, and regulatory penalties for non-compliance with environmental standards and safety protocols.

Practitioners should advise clients, including school authorities, industrial operators, and gas suppliers, on the critical importance of proactive compliance with all relevant federal and state regulations, including the NESREA Act, EIA Act, OGEPA Laws, and SON standards for gas installations. Thorough environmental audits, regular safety inspections, and adherence to best practices in hazardous material management are paramount. For affected individuals, particularly the students and teachers, avenues for redress may include civil claims for damages, and advocacy for stronger enforcement actions by regulatory bodies. This incident serves as a stark reminder of the continuous need for robust environmental governance and a commitment to safeguarding public health, especially within educational settings.