Levantamiento de los problemas detectados en el proceso logístico y Operativo

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Air equates to atmosphere. Atmosphere of the earth is the layer of gases. The major atmospheric constituents are nitrogen, oxygen and argon .

By volume dry air contain

Name Formula in ppmv^(B) in//%

Nitrogen N2 780,840 78.084

Oxygen O2 209,406 20.946

Argon Ar 9,340 0.9340

Carbon dioxide CO2 400 0.04^[8]

Neon Ne 18.18 0.001818

Helium He 5.24 0.000534

Methane CH4 1.79 0.000179

It is noteworthy that many other gases called trace gases among which are greenhouse gases such as carbon dioxide, methane, nitrous oxide and ozone.

Industrial pollutants are present as gases or aerosols either in elementary forms or compounds.

Worthy to note that the atmosphere is further divided into 5 (five) layers thus;

Troposhere - o - 12km (0 – 7 miles)

Stratosphere - 12 - 50km (7-3.1miles)

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Methosphere - 50 - 80km (31 – 50 miles)

Thermosphere - 80 - 700km(50 – 440miles)

Exosphere - 700 - 10,000km (440 – 6,200miles)¹⁸⁶

The two most important to human existence are the trosphere and stratosphere.

Everything must be done to ensure the quality of air within these layers.

It is obvious that the gases when emitted in qualities other than the normal to ensure quality of the atmosphere spells danger to humanity. Yet the atmosphere is polluted of atmosphere by any form of emission of gases or by gas flares should be taken as criminal acts or omissions resulting to offences that ought to be charged under the offences as provided in NESREA and NOSDRA. Infact the punishment should be severe to act as a deterrence as applied in other climes.

Naturally, the atmosphere ought to be pristine for emphasis; it must be clean, fresh and dry. Pollution is the introduction of dangerous substance whether naturally or man-made into the atmosphere. This can be caused by all forms of combustion like gas flaring, bush burning escape of chemical substances into atmosphere either accidently, negligently or as planned. Depending on the mode and extent of pollution, it could amount to environmental crimes. Incineration of wastes, atimes can be very pungent long with emission of carbon monoxide (co), distant transportation fuel combustion from power plants and industries plus discharge of poisonous waste and substances into the atmosphere.¹⁸⁷

186 <https://en.wikipedia.org/wiki/Atmosphere> Accessed 30^th September 2019

187 A K Usman, Environmental Protection Law and Practice (Ibandan, Ababa Press Ltd 2012) p. 59.

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Pollution in Nigeria has not received sufficient formal attention. This is evident for the following reasons:

Inadequate Information on What Constitutes Pollution.

The groundbreaking research undertaken in other jurisdictions underscore the need for greater attention to be paid to environmental crimes with reference to Pollution.

The standards for the information be that included in many international instruments and regional instruments on environment.

Earlier domestic research in environmental law had not paid much attention to environmental crimes. The fact is that Nigerians rarely discuss environmental harm.

Inadequate training on detection of Environmental Crimes Detection.

Environmental crime is driven by greed and ignorance¹⁸⁸ Nigeria has enacted numerous statutes aimed at protecting the environment including the Constitution¹⁸⁹, the repealed FEPA Act¹⁹⁰, and currently the NESREA Act¹⁹¹. There are many other statutes which seek to preserve or conserve the environment and natural resources in it. The efforts to protect the environment have been plagued by ineffectiveness and outright failure in some areas. The protection of the environment is an important idea that sustains the existence of mankind because man must live in an environment.

Recently some Nigerian citizens have challenged environmental pollution though most times the Court trivialise such actions. However, in Jonah Gbemre v Shell

188 P Grabosky, Eco-Criminality: Preventing and Controlling Crimes Against The Environment, International Annals of Criminology 41(1-2)p.237.

189 CFRN 1995 as amended.

190 Federal Environmental Protection Act.

191 National Environmental Standards Regulation Agency, 2005.

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Petroleum Development Company (SPDC) & Ors. the Court delivered a landmark ruling as earlier discussed.

Ineffective Laws against Harmful Activities & Environmental Crimes.

The paucity of data on environmental crimes presents a difficulty for researchers and development planners who must find it difficult to have access to information relating to environmental crime. This is attributable to blindness on the part of the government, its agencies and the citizenry in Nigeria. The neglect of environmental crimes is the greatest contributor to the inefficacy of the regulatory regime, paucity of research, and persistence of environmental crimes in Nigeria.

The Normal Atmosphere Composition

Nitrogen 78% by volume

Oxygen (Oz) -21%

Argon – 0.93%

Carbon Dioxide – 0.03%

Other Gases – 0.04% (such as hydrogen, neon, helium, xenon, krypton methane and nitrous oxide)¹⁹².

The effects are numerous such as excessive heat, sudden death and environmental hazard. Pointedly can cause on human health diseases such as physiological and pathological changes which may lead to death, blindness. It can affect materials -roof

192 M T Okoroudu – Fuban, Law of Environmental Protection (Ibadan, Caltop publications (Nig) Ltd 1998), p. 387.

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tops as very visible in the Niger-Delta area (soothes roofs which in turn affect human beings residing in those places). On plants it can affect good yields thus harvest will be very poor which will also result to poverty¹⁹³.