AN EXAMINATION OF THE LEGAL AND INSTITUTIONAL FRAMEWORK ON THE CONTROL OF NOISE NUISANCE EMANATING FROM RELIGIOUS HOUSES IN NIGERIA

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ABSTRACT

Nuisance is a substantial interference with the use and enjoyment of one’s land. The commonest form of nuisance emanating from religious houses is noise pollution. Noise pollution is one of the fastest growing environmental concerns as its effects on the human body system could lead to death and stress induced aliments like hypertension and psychiatric problems. In contrast with other forms of nuisance, noise does not persist in the environment and does not leave physical scars; however, its consequences can be catastrophic. It has been observed that noise pollution is a form of violation of the right to quiet enjoyment of one’s environment, the environment being a global home.

Nigeria is a country with one of the largest number of churches per capital in the world and a fertile soil for the growth of independent churches. This phenomenon is largely trace to the pervasiveness of Christianity as well as the wide spread of Islam. This leads to the building of more churches and mosques.

This increase in numbers of religious houses is borne out of the understanding that in Nigeria, the freedom of religion is entrenched in Section 38 of the Constitution of the Federal Republic of Nigeria 1999 and other Human Rights Instruments. Central to this entrenchment of the right to freedom of religion is the question of environmental effects which the resultant noise pollution has on the people who reside in those environs.

The right to freedom of religion entrenched in the Constitution of the Federal Republic of Nigeria 1999 and other Human Rights Instruments is an inalienable right however, the exercise of this right in form of religious practices is not expected to disturb the peace of the environment. When it becomes disturbance to the quiet enjoyment of other’s property it amounts to actionable nuisance that attracts the sanction of law. Nuisance emanating from noise pollution generated through religious activities in Nigeria is a peculiar and predominant menace suffered quietly by people. People living side by side with the religious houses constantly experience noise pollution emanating from blaring loud speakers irrespective of the time whether day or night. This can cause noise induced hearing loss which can also lead to stress induced aliments like hypertension and psychiatric problems.

This research work examines extensively nuisance emanating from noise pollution generated through religious activities in Nigeria, the causes as well as the direct effect on the human health and the environment particularly in Nigeria. The legal and institutional framework on the prevention and control of noise nuisance in Nigeria will be examined. This research work concludes and makes salient recommendations which if implemented could successfully regulate nuisance emanating from noise pollution generated through religious activities in Nigeria with little or no friction in the society thereby drastically reducing its effect on the society.

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