In 2005, the Benue State Assembly enacted the Benue State Environmental Sanitation Authority Law, 2005, establishing the Benue State Environmental Sanitation Authority (BENSESA) to promote environmental sanitation and sustainable environmental management in the state.
The law emerged at a time when global concern over environmental degradation was growing. In 2000, the United Nations adopted the Millennium Development Goals (MDGs), with Goal 7 dedicated to ensuring environmental sustainability. Today, the Sustainable Development Goals (SDGs) have expanded that commitment through Goal 13 (Climate Action), Goal 14 (Life Below Water), Goal 15 (Life on Land), as well as goals on clean water and clean energy. Together, they underscore the global recognition that protecting the environment is essential to sustainable development.
When members of the Fourth Benue State Assembly, led by Speaker David Mzenda Iho, passed the law, and Governor George Akume assented to it on March 24, 2005, they demonstrated the commitment of the government and people of Benue State to environmental sustainability. The establishment of BENSESA as the state’s environmental watchdog gave practical expression to that commitment.
For all intents and purposes, BENSESA is legally empowered to ensure a sustainable environment in Benue State. The unfortunate reality, however, is that the Authority is yet to find an Ayabam, as BIRS did, or an Asemakaha, as BIPC did, to fully drive the implementation of its enabling law.
Section 3(2)(c) of the law empowers BENSESA to hold, purchase, acquire and dispose of movable and immovable property for the purpose of carrying out its statutory functions without requiring the Governor’s approval. Likewise, Section 5(1)(c) authorises the Authority to purchase and maintain the vehicles, plants and equipment necessary for implementing and enforcing the provisions of the law.
The law also clearly spells out sanitation responsibilities, offences and penalties. Chief among these responsibilities is the obligation of every owner, tenant and occupier of a building to keep clean, at all times, the sidewalk, gutter, frontage, side yard and backyard of the premises. Section 17(1)(a) further requires every person to clean and maintain the drainage around his or her property.
This makes environmental sanitation everybody’s responsibility. While residents are required to keep their surroundings clean, BENSESA and its authorised agents are responsible for waste evacuation, disposal and management.
The Benue State Environmental Sanitation Authority Law is, in many respects, a near-perfect piece of legislation intended to instil environmental discipline and regulate the relationship between residents and their environment.
Contrary to popular belief, BENSESA is not designed to depend entirely on government funding. The law empowers the Authority to charge tariffs for services rendered, recognising that waste itself has economic value. Section 8(2) lists the Authority’s sources of funds to include budgetary allocations, grants from the Federal, State and Local Governments, revenue generated from its services, endowments, gifts, donations, and interest earned on investments.
If properly managed, BENSESA has the potential to generate more direct jobs than the Benue Internal Revenue Service (BIRS) and the Benue Investment and Property Company (BIPC) combined. It can also generate substantial internally generated revenue while contributing significantly to environmental protection.
Unlike many government agencies, BENSESA enjoys a unique enforcement mechanism. Section 37(1) establishes an Environmental Sanitation Court, while subsection (2) provides that the court may sit either as a fixed court or as a mobile sanitation court. In practical terms, the General Manager of BENSESA has the backing of a court in enforcing environmental sanitation laws.
The implication is clear: No individual or institution should be above the law. If Government House in Makurdi fails to maintain a clean environment, has overflowing waste bins or allows its surroundings to become unsanitary, BENSESA should be bold enough to enforce the law there, just as it would elsewhere. Likewise, individuals should be held accountable for indiscriminate tree felling without replacing the trees.
Environmental sanitation cannot be achieved through a fire-brigade approach or by restricting enforcement to monthly sanitation exercises. It requires continuous public education, sustained awareness campaigns, effective waste management systems and consistent enforcement of the law.
Section 22(1) leaves no room for doubt. It provides that any person who contravenes any provision of the law commits an offence and, upon conviction, shall be liable to the fines or terms of imprisonment prescribed in the First Schedule to the law.
Unfortunately, from the inception of the Authority, successive governments appeared to mistake environmental sanitation for a military exercise. Rather than appointing professionals with proven competence and experience in environmental management, a retired military officer was brought in after qualified environmental sanitation experts had reportedly been interviewed.
The attraction seemed to be the monthly sanitation exercise. Armed with the powers of the sanitation court, the Authority became known for deploying young men who chased residents through the streets on sanitation days with astonishing speed; speed that would impress even Usain Bolt. Over time, this spectacle replaced the real objective of environmental sanitation: Ensuring continuous compliance with the law and building a culture of environmental responsibility.
Today, many public places lack functional public toilets. Waste is dumped indiscriminately, drainages remain blocked, and environmental standards continue to decline.
Ideally, the General Manager of BENSESA should never complain about inadequate funding. The law provides multiple revenue streams, while modern waste management has transformed waste into wealth. The Authority should have moved beyond merely collecting refuse to promoting recycling, composting, waste-to-energy initiatives and other environmentally sustainable practices.
The dangers of poor environmental sanitation are enormous. They threaten public health, destroy aquatic ecosystems, degrade terrestrial biodiversity, increase flooding, worsen climate-related disasters and diminish the quality of life.
Benue already possesses a robust legal framework for environmental protection. What has been lacking is visionary leadership, professional management and the political will to fully implement the law.
The Benue State Environmental Sanitation Authority (BENSESA) was created not merely to organise monthly sanitation exercises, but to build a cleaner, greener and healthier Benue.
Mr. Anta Igbaato, BENSESA General Manager, should take note: If violators are not sanctioned, he may be overworking himself trying to keep Benue clean and healthy.
Perhaps the enforcement drive should begin with government institutions. If those entrusted with civil service and public responsibility cannot keep their own surroundings clean, what message are they sending to the public?
The solution is not endless clean-up exercises. Use the law. Sanction violators. Make compliance the norm.
Until the law is implemented in both letter and spirit, the state’s enormous environmental and economic potential will remain largely untapped.
