E&S MANAGEMENT FRAMEWORK (ESMF) NIGERIA SOLAR IPP …

E&S MANAGEMENT FRAMEWORK (ESMF)

NIGERIA SOLAR IPP SUPPORT PROGRAM

22 JANUARY 2019

ESMF Nigeria Solar IPP Program (January 2019)

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TABLE OF CONTENTS

LIST OF TABLES ...................................................................................................................................................... VII LIST OF FIGURES ................................................................................................................................................... VIII

GLOSSARY OF TERMS ......................................................................................................................................... 1

EXECUTIVE SUMMARY ....................................................................................................................................... 3

1 INTRODUCTION .......................................................................................................................................... 5

1.1 BACKGROUND .............................................................................................................................................. 5 1.2 RATIONALE FOR THE ESMF ............................................................................................................................ 6 1.3 OBJECTIVES OF ESMF ................................................................................................................................... 7

2 PROGRAM DETAILS AND SUB-PROJECTS ................................................................................................ 8

2.1 INTRODUCTION .............................................................................................................................................. 8 2.1.1 Typical Activities associated with solar power developments .......................................... 9

2.2 LOCATION OF THE 14 IPP SOLAR PROJECTS .................................................................................................. 9 2.3 LOCATION OF THE 13 SUB-PROJECTS (WITH SUBMITTED EXPRESSIONS OF INTEREST) ....................................... 11

2.4 E&S ASSESSMENTS RELATED TO PROJECT PHASES ........................................................................................ 13 2.5 CRITERIA FOR IDENTIFYING SUB-PROJECTS .................................................................................................... 15

3 REGULATORY AND INSTITUTIONAL FRAMEWORK ................................................................................ 17

3.1 RELEVANT NIGERIAN POLICIES, LEGISLATIONS AND INSTITUTIONAL PROVISIONS ............................................ 17 3.1.1 Nigerian Environmental and Social Safeguard Policies and Legal Provisions ............. 17

National Policy on the Environment (1988) ....................................................................................... 17 EIA Act Cap E12 LFN 2004 ..................................................................................................................... 17 National Environmental Protection (Pollution Abatement in Industries and Facilities

Generating Wastes) Regulations, 1991 ................................................................................................................. 18 National Environmental Protection (Management of Solid and Hazardous Wastes)

Regulations, 1991 ........................................................................................................................................................ 18 National Environmental (Sanitation and Wastes Control) Regulations, 2009 .......................... 18 National Environmental (Electrical/Electronic Sector) Regulations, 2011 ................................ 19 National Environmental (Noise Standards and Control) Regulations, 2009 ............................. 19 National Environmental (Surface & Groundwater Quality Control) Regulations 2011 ......... 19

3.1.2 Land Use Act CAP L5 LFN 2004 ................................................................................................. 19 3.1.3 Nigerian Energy Sector Policies and Legal Provisions ........................................................ 20

National Energy Policy, 2003 ................................................................................................................. 20 Electric Power Sector Reform Act 2005 ............................................................................................. 21 Energy Commission of Nigeria Act CAP 109 LFN 1990 ................................................................... 21 Nigerian Electricity Supply and Installation Standards (NESIS) Regulations 2015 .................... 21 Acquisition of Land Access Rights for Electricity Projects Regulations, 2012 ........................... 22 Roadmap for Power Sector Reform of August, 2010 ..................................................................... 22 Renewable Energy and Efficiency Master Plan (REEMP), 2016 ................................................... 22

3.1.4 Other applicable E & S laws and regulations in Nigeria.................................................... 23 3.1.5 The Gender Policy Framework in Nigeria .............................................................................. 24 3.1.6 National Gender Policy, 2006 ................................................................................................... 25

3.2 NIGERIA’S NATIONAL DETERMINED CONTRIBUTIONS (NDC) ON CLIMATE CHANGE ................................... 25 3.3 INTERNATIONAL CONVENTIONS AND AGREEMENTS...................................................................................... 27 3.4 NIGERIAN INSTITUTIONAL PROVISIONS AND ARRANGEMENTS ....................................................................... 28


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3.4.1 Federal Ministry of Environment ............................................................................................... 28 National Environmental Standards and Regulations Enforcement Agency (NESREA) ......... 29

3.4.2 Federal Ministry of Power Works and Housing ...................................................................... 29 Nigerian Electricity Regulatory Commission (NERC) ...................................................................... 29 Transmission Company of Nigeria (TCN) ........................................................................................... 30 Nigerian Bulk Electricity Trading Plc (NBET) ....................................................................................... 30 Energy Commission of Nigeria (ECN) ................................................................................................. 30 Rural Electrification Agency.................................................................................................................. 30

3.5 INTERNATIONAL POLICIES, STANDARDS AND INSTITUTIONS ............................................................................ 30 3.5.1 Green Climate Fund .................................................................................................................... 30

Accreditation ............................................................................................................................................ 31 Screening and risk categories .............................................................................................................. 31 Environmental and social due diligence under GCF .................................................................... 32 Environmental and social assessment................................................................................................ 33 Environmental and social management plan (ESMP) .................................................................. 33 Operational changes ............................................................................................................................. 33 Monitoring and reporting ...................................................................................................................... 33

3.5.2 Africa Finance Corporation ...................................................................................................... 34 AFC’s Environmental and Social Risk Management Policy .......................................................... 34 International Finance Corporation E&S Standards ......................................................................... 35 AFC’s Project Categorization ............................................................................................................... 35 AFC ESDD process ................................................................................................................................... 36 AFC Gender Policy .................................................................................................................................. 37

3.5.3 The African Development Bank (AfDB) .................................................................................. 38 Integrated Safeguards System (ISS) .................................................................................................... 38 The Integrated Safeguards Policy Statement .................................................................................. 39 Operational Safeguards (OSs) ............................................................................................................. 39 Environmental and Social Assessment Procedures (ESAPs) ......................................................... 40 Integrated Environmental and Social Impact Assessment (IESIA) Guidance Notes ............. 42 AfDB Project Categorisation Process ................................................................................................. 43

3.6 ENVIRONMENTAL AND SOCIAL ASSESSMENT OF NIGERIAN POLICIES AND LEGISLATIONS, IFC PERFORMANCE

STANDARDS AND AFDB SAFEGUARD SYSTEMS .......................................................................................................... 45 3.7 DISCLOSURE REQUIREMENTS ........................................................................................................................ 49

4 ENVIRONMENTAL AND SOCIAL BASELINE INFORMATION................................................................. 51

4.1 ENERGY DISTRIBUTION AND ACCESS ............................................................................................................ 51 4.2 PHYSICAL ENVIRONMENT ............................................................................................................................. 52

4.2.1 Climate ............................................................................................................................................ 52 Temperature and Relative Humidity ................................................................................................... 52 Rainfall ........................................................................................................................................................ 52 Wind ............................................................................................................................................................ 53

4.2.2 Air Emissions and Noise ............................................................................................................... 53 4.2.3 Soil and Landscape ..................................................................................................................... 54 4.2.4 Geology .......................................................................................................................................... 55

Quaternary Alluvial Deposits ................................................................................................................. 55 Mesozoic to tertiary rocks ...................................................................................................................... 55 Precambrian basement complex rocks ............................................................................................ 56

4.2.5 Hydrogeology ............................................................................................................................... 56 Regional hydrogeology: Northwestern Nigeria ............................................................................... 56 Regional hydrogeology: northeastern Nigeria ................................................................................ 57


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Regional hydrogeology: the Middle Niger Basin and central Nigeria ...................................... 57 4.3 BIOLOGICAL ENVIRONMENT ........................................................................................................................ 58

4.3.1 Floral Characteristics ................................................................................................................... 59 4.3.2 Fauna Characteristics ................................................................................................................. 63 4.3.3 Endangered and Critically endangered Species in Nigeria ............................................ 66 4.3.4 Protected Areas ........................................................................................................................... 67

4.4 SOCIO-ECONOMIC ENVIRONMENT ............................................................................................................. 68 4.4.1 Demographics .............................................................................................................................. 68 4.4.2 Population ...................................................................................................................................... 68 4.4.3 Ethnic Groups and Religion ....................................................................................................... 69 4.4.4 Public Health ................................................................................................................................. 69 4.4.5 Epidemic Diseases and HIV/AIDS ............................................................................................ 70 4.4.6 Land Use and Tenure .................................................................................................................. 71 4.4.7 Land Competition and Conflict between Farmers and Pastoralists .............................. 72 4.4.8 Cultural Heritage .......................................................................................................................... 73

5 GENDER CONSIDERATIONS AND VULNERABLE GROUPS ................................................................... 74

5.1 INTRODUCTION ............................................................................................................................................ 74 5.2 GENDER ISSUES ............................................................................................................................................ 75

5.2.1 Gender issues in Northern Nigeria ........................................................................................... 76 5.2.2 Impediments to the Girl-Child Education in Northern Nigeria ......................................... 77

5.3 VULNERABLE GROUPS ................................................................................................................................. 78 5.3.1 Indigenous Groups ....................................................................................................................... 78

5.4 APPROACHES TO CONSULTATION, INCLUDING VULNERABLE GROUPS ........................................................ 79 5.4.1 Vulnerable group inclusion ........................................................................................................ 79

a. AfDB ISS requirements on vulnerable groups ............................................................................................. 80 b. Objective and scope of vulnerable group identification ...................................................................... 81 c. Differentiated measures for vulnerable groups’ inclusion in development ...................................... 81

5.5 GENDER MAINSTREAMING AND VULNERABILITY ASSESSMENT ....................................................................... 83 5.6 IMPLEMENTATION OF GENDER CONSIDERATIONS IN THE PROGRAM ............................................................. 84

6 6. POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS .................................................................... 85

6.1 OVERALL CONTEXT ..................................................................................................................................... 85

6.2 NEGATIVE ENVIRONMENTAL AND SOCIAL IMPACTS ..................................................................................... 85 6.3 POSITIVE ENVIRONMENTAL AND SOCIAL IMPACTS ....................................................................................... 88 6.4 GENDER SENSITIVE DEVELOPMENT IMPACTS ................................................................................................ 88

7 POTENTIAL MITIGATION MEASURES ....................................................................................................... 91

7.1 INTRODUCTION ............................................................................................................................................ 91 7.2 APPROACH TO ENVIRONMENTAL AND SOCIAL RISK AND IMPACT MITIGATION .......................................... 100

8 ENVIRONMENTAL AND SOCIAL MANAGEMENT PROCEDURES AND REQUIREMENTS ................. 103

8.1 ENVIRONMENTAL, HEALTH AND SAFETY GUIDELINES TO BE IMPLEMENTED BY THE PROGRAM ....................... 103 8.2 ENVIRONMENTAL AND SOCIAL DUE DILIGENCE PROCESS (ESSD) ............................................................. 104 8.3 ENVIRONMENTAL AND SOCIAL IDENTIFICATION AND PRELIMINARY ASSESSMENT (ENVIRONMENTAL SCREENING

AND SCOPING) ...................................................................................................................................................... 108 8.4 ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) STUDIES ......................................................... 109


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8.5 ENVIRONMENTAL AND SOCIAL MANAGEMENT FOR THE PROGRAM ........................................................... 110 8.5.1 Environmental and Social Management Plans (ESMP) ................................................... 110 8.5.2 Other Instruments for E&S Management ............................................................................. 111 8.5.3 Studies for environmental and social management ....................................................... 112 8.5.4 Environmental and social studies required by national (Nigerian) legislations ........ 112 8.5.5 Environmental and social studies required by the IFC Performance Standards and

AfDB Operational Safeguards .................................................................................................................. 112 8.6 ENVIRONMENTAL AND SOCIAL MONITORING ............................................................................................ 114

9 STAKEHOLDER ENGAGEMENT AND GRIEVANCE MANAGEMENT .................................................. 115

9.1 STAKEHOLDERS’ CONSULTATION AND ENGAGEMENT ................................................................................ 115 9.2 CONSULTATIONS RELATED TO INVOLUNTARY DISPLACEMENT ..................................................................... 116 9.3 PROGRAM GRIEVANCE REDRESS MECHANISM (GRM) ............................................................................ 118

a. Independent Review Mechanism (IRM)........................................................................................... 119 b. GRM at project level .............................................................................................................................. 119

9.4 APPOINTING MEMBERS OF GRIEVANCE REDRESS COMMITTEES (GRC) ..................................................... 120

9.5 PROCEDURES, COMPLAINTS CHANNELS AND TIME FRAME FOR GRIEVANCE REDRESS MECHANISMS ........... 121 9.6 STAKEHOLDER ENGAGEMENT ACTIVITIES DURING THE PREPARATION OF THE ESMF ..................................... 123

9.6.1 Stakeholders Consulted ............................................................................................................ 123 9.6.2 Summary of the outcomes of the engagements ............................................................. 125

10 ESMF IMPLEMENTATION AND MANAGEMENT ............................................................................... 128

10.1 INSTITUTIONAL ARRANGEMENTS FOR ESMF IMPLEMENTATION .................................................................... 128 10.2 ROLES AND RESPONSIBILITIES FOR MANAGING ENVIRONMENTAL AND SOCIAL REQUIREMENTS .................. 128

10.2.1 Sub-project proponent’s role and responsibilities ............................................................. 128 10.2.2 AFC and AfDB’s role and responsibilities ............................................................................. 128

10.3 INSTITUTIONAL ARRANGEMENTS FOR THE IMPLEMENTATION OF THE ESMF .................................................... 129 10.3.1 Roles and responsibilities of Main Implementing Entity ................................................... 129

10.4 TRAINING AND CAPACITY STRENGTHENING PLAN ...................................................................................... 131

ANNEXES ......................................................................................................................................................... 135

11 ANNEX 1. TEMPLATES FOR ENVIRONMENTAL AND SOCIAL MANAGEMENT INSTRUMENTS.... 136

ANNEX 1A. E&S SCREENING FORM ..................................................................................................................... 137 ANNEX 1B. ENVIRONMENTAL AND SOCIAL MONITORING REPORT........................................................................ 140 ANNEX 1C. ENVIRONMENTAL AND SOCIAL FINAL REPORT ................................................................................... 142 ANNEX 1D: CHANCE FIND PROCEDURE .............................................................................................................. 144

12 ANNEX 2: GENERIC E & S MITIGATION AND ENHANCEMENT MEASURES TO BE CONSIDERED

FOR SUB-PROJECTS ........................................................................................................................................ 147

13 ANNEX 3: RESETTLEMENT POLICY FRAMEWORK ............................................................................ 162

13.1 INTRODUCTION .......................................................................................................................................... 162 13.2 PROGRAM DESCRIPTION ........................................................................................................................... 163 13.3 RATIONALE OF THE RPF ............................................................................................................................. 167 13.4 PURPOSE OF THE RESETTLEMENT POLICY FRAMEWORK................................................................................ 168

13.5 OBJECTIVES OF THE RESETTLEMENT POLICY FRAMEWORK ............................................................................ 168 13.6 LEGAL AND ADMINISTRATIVE FRAMEWORK GOVERNING RESETTLEMENT IN NIGERIA .................................... 169


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13.6.1 Land Use Act – 1978 .................................................................................................................. 170 13.6.2 Electric Power Sector Reform (EPSR) Act - 2005 ................................................................ 172 13.6.3 Nigeria Electricity Regulatory Commission (NERC) ........................................................... 172 13.6.4 Transmission Company of Nigeria (TCN) .............................................................................. 173 13.6.5 Overview of the Land Take process in Nigeria .................................................................. 173

Step 1: Preparation of a Survey Description ................................................................................... 173 Step 2: Publication of a Notice of Acquisition ............................................................................... 174 Step 3: Surveying the Property ........................................................................................................... 174 Step 4: Assessment ................................................................................................................................ 174 Step 5: Registration and Stamping .................................................................................................... 174 Step 6: Preparation of Certificate of Occupancy ........................................................................ 175

13.6.6 Legal Mechanisms for Resolving Land-related Grievances ........................................... 175 The Constitution ...................................................................................................................................... 175 Land Use Act ........................................................................................................................................... 175

13.6.7 Scope of the Land Use and Allocation Committee ......................................................... 175 13.6.8 Traditional Land Tenure in Nigeria ......................................................................................... 176 13.6.9 Certificates of Occupancy ..................................................................................................... 177 13.6.10 Institutional Framework ......................................................................................................... 177

Federal Government ....................................................................................................................... 177 State Government ............................................................................................................................ 177 Local Government ........................................................................................................................... 178 Traditional Leadership ...................................................................................................................... 178

13.6.11 International Standards and Guidelines related to Involuntary Displacement ... 179 The African Development Bank Group’s (AfDB) Integrated Safeguard System ............. 179 International Finance Corporation (IFC) .................................................................................... 180

13.6.12 Comparison of Relevant National Legislation and International Standards ........ 180 13.7 COMPENSATION FRAMEWORK .................................................................................................................. 188

13.7.1 Compensation Principles ......................................................................................................... 188 13.8 ELIGIBILITY PRINCIPLES ................................................................................................................................ 192

13.8.1 Establishment of Entitlement Cut-off Date .......................................................................... 192 13.8.2 Entitlements .................................................................................................................................. 192

13.9 ENTITLEMENT PLANNING............................................................................................................................. 198 13.10 METHOD OF COMPENSATION ............................................................................................................... 198

13.11 ENTITLEMENT FOR COMPENSATION ........................................................................................................ 198 13.12 VALUATION ........................................................................................................................................... 199

13.12.1 State (urban and non-urban) owned Land ................................................................... 199 13.12.2 Privately owned Land ........................................................................................................... 199 13.12.3 Assets held under Customary Law .................................................................................... 199 13.12.4 Method of Valuation ............................................................................................................ 200 13.12.5 Arrangements for Compensation ..................................................................................... 201

13.13 PUBLIC PARTICIPATION .......................................................................................................................... 201 13.13.1 Notification .............................................................................................................................. 202 13.13.2 Documentation of Holdings and Assets .......................................................................... 202

13.14 AGREEMENT ON COMPENSATION AND PREPARATION OF CONTRACTS ................................................. 202 13.15 COMPENSATION PAYMENTS .................................................................................................................. 202

13.15.1 Community Compensation Payments ............................................................................ 202

13.15.2 Procedures for Delivery of Compensation ..................................................................... 203 13.16 MONITORING AND EVALUATION ........................................................................................................... 203


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13.16.1 Monitoring Process ................................................................................................................ 203 13.17 LIVELIHOOD RESTORATION .................................................................................................................... 204

13.17.1 Key Principles Guiding Livelihood Restoration Planning .............................................. 204 13.17.2 Process for Determining Livelihood Restoration Options ............................................ 204 13.17.3 Livelihood Restoration Plans ................................................................................................ 205

13.18 RESETTLEMENT ACTION PLAN ................................................................................................................. 205 13.18.1 Introduction ............................................................................................................................. 205 13.18.2 Outline of a RAP ..................................................................................................................... 206

LIST OF TABLES TABLE 2.1. SUMMARY OF ALL THE SOLAR IPP SIGNED BY THE FEDERAL GOVERNMENT OF NIGERIA .................................. 9 TABLE 2.2. TYPICAL SOLAR POWER DEVELOPMENT PROJECT CYCLE ............................................................................... 13 TABLE 2.3. APPROACH TO BE USED IN SELECTING SUB-PROJECTS FOR THE AFC-GCF FUNDING PROGRAM. ................. 15 TABLE 3.1. OTHER RELEVANT NATIONAL ENVIRONMENTAL PROTECTION REGULATIONS ................................................... 23 TABLE 3.2. SELECTED INTERNATIONAL AGREEMENTS AND CONVENTIONS TO WHICH NIGERIA IS A SIGNATORY ................ 28 TABLE 3.3. GCF PROJECT SCREENING CATEGORIES .................................................................................................... 32 TABLE 3.4. AFC PROJECT CATEGORISATION ................................................................................................................ 36

TABLE 3.5. AFC ESDD PROCESS .................................................................................................................................. 36 TABLE 3.6. AFDB OPERATIONAL SAFEGUARDS OS1-5 ................................................................................................. 40 TABLE 3.7. SUMMARY OF THE AFDB PROJECT CYCLE AND E & S REQUIREMENTS.......................................................... 41

TABLE 3.8. AFDB PROJECT CATEGORIZATION PROCESS ............................................................................................... 44 TABLE 3.9. COMPARISON OF NIGERIAN LEGAL PROVISIONS, AFDB ISS SPECIFICATIONS AND IFC PERFORMANCE

STANDARDS (FOR AFC AND GCF) ..................................................................................................................... 46 TABLE 3.10. DISCLOSURE REQUIREMENTS OF THE FMENV, GCF, AFC AND AFDB ....................................................... 49 TABLE 4.1. FMENV AND WHO AMBIENT AIR QUALITY STANDARDS AND GUIDELINES ................................................... 54 TABLE 4.2. FMENV AND WHO NOISE LEVEL STANDARDS AND GUIDELINES. ................................................................. 54 TABLE 4.3. FLORA CHARACTERISTICS IN NORTHERN NIGERIA ......................................................................................... 59 TABLE 4.4. CLASSIFICATION OF FAUNA SPECIES (INVERTEBRATE) ................................................................................... 63 TABLE 4.5. CLASSIFICATION OF FAUNA SPECIES (VERTEBRATES) .................................................................................... 64 TABLE 4.6. CRITICALLY ENDANGERED AND ENDANGERED SPECIES ACROSS NIGERIA.................................................... 66 TABLE 4.7. PROTECTED AREAS IN NORTHERN NIGERIA .................................................................................................. 67

TABLE 4.8. HISTORICAL POPULATION GROWTH RATES IN NIGERIA .................................................................................. 68 TABLE 5.1. IMPEDIMENTS TO THE GIRL CHILD EDUCATION IN NORTHERN NIGERIA ......................................................... 77 TABLE 6.1. ANTICIPATED NEGATIVE ENVIRONMENTAL AND SOCIAL IMPACTS OF SUB-PROJECTS (NON-EXHAUSTIVE) ..... 85 TABLE 6.2. ANTICIPATED POSITIVE ENVIRONMENTAL AND SOCIAL IMPACTS FROM SUB-PROJECTS (NON-EXHAUSTIVE) ... 88 TABLE 6.3. ANTICIPATED GENDER SENSITIVE IMPACTS ON SUB-PROJECTS ...................................................................... 89 TABLE 7.1. EXAMPLES OF MITIGATION MEASURES WHICH COULD BE APPLIED TO SUB-PROJECTS SELECTED FOR FUNDING 91

TABLE 10.1. ROLES AND RESPONSIBILITIES OF THE MAIN IMPLEMENTING ENTITIES .......................................................... 129 TABLE 10.2. PROPOSED TRAINING PROGRAMS FOR ESMF IMPLEMENTATION .............................................................. 133 TABLE 13.1. SUMMARY OF ALL THE SOLAR IPPS SIGNED BY THE FEDERAL GOVERNMENT OF NIGERIA .......................... 164 TABLE 13.2. CATEGORIES OF PAPS AND COMPENSATION ACCORDING TO NIGERIA GUIDELINE AND INTERNATIONAL

GUIDELINES ........................................................................................................................................................ 189 TABLE 13.3. ELIGIBILITY CRITERIA FOR COMPENSATION ............................................................................................... 192 TABLE 13.4. EXAMPLE OF AN ENTITLEMENT MATRIX THAT COULD BE APPLIED IN SUB-PROJECTS...................................... 194 TABLE 13.5. INDICATIVE VALUATION METHODS ........................................................................................................... 200


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LIST OF FIGURES FIGURE 2.1. LOCATION OF THE 14 SOLAR IPP PROJECTS ......................................................................................... 11

FIGURE 2.2. LOCATION OF 13 SUB-PROJECTS THAT HAVE EXPRESSED INTEREST IN AVAILING THE PROGRAM ................. 12 FIGURE 3.1. BREAKDOWN OF NIGERIA’S NDC TARGETS .......................................................................................... 26 FIGURE 3.2. STRUCTURE OF THE AFDB ISS ............................................................................................................... 38 FIGURE 4.1. MAP SHOWING DIFFERENT VEGETATION BELT OF NIGERIA ..................................................................... 59

FIGURE 8.1. ESMF PROCESS ................................................................................................................................ 108 FIGURE 13.1. LOCATION OF 11 SUB-PROJECTS BEING CONSIDERED FOR FUNDING UNDER THE PROGRAM ................. 166


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GLOSSARY OF TERMS

AE Accredited Entity

AFC Africa Finance Corporation

AfDB African Development Bank

ARAP Abbreviated Resettlement Action Plan

BCS Broad Community Support

CSP Country Strategy Paper

DFI Development Financial Institution

E&S Environment & Social

EHS Environment Health and Safety

ESA E&S Assessment

ESMAP E&S Management Action Plans

ESAPs AfDB E&S Assessment Procedures

ESCR E&S Completion Report

ESFR E&S Final Report

ESIA E&S Impact Assessment

ESIS E&S Impact Studies

ESMF E&S Management Framework

ESMoFo E&S Monitoring Form

ESMP E&S Management Plan

ESMPs E&S Management Action Plans

ESMS E&S Management Systems

ESS E&S Scoping

ESSF E&S Screening Form

FI Financial Intermediary

FGN Federal Government of Nigeria

FRAP Full Resettlement Action Plan

GCF Green Climate Fund

GHGs Green House Gases

GoN Government of Nigeria

GRM Grievance Redress Mechanism

HIV-AIDS Human Immunodeficiency Virus-Acquired Immune Deficiency

Syndrome

IESIA Integrated E&S Impact Assessment


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IFC International Finance Corporation

IFIs International Finance Institutions

IPDP Indigenous People Development Plan

IPPs Independent Power Producers

IRM Independent Review Mechanism

ISS Integrated Safeguards System

ISTS Integrated Safeguards Tracking System

IUCN International Union for the Conservation of Nature

MDB Multilateral Development Bank

NDC Nationally Determined Contributions

OS Operational Safeguard

OSs Operational Safeguards

PACs Project Affected Communities

PAP Project Affected Persons

PAR Project Appraisal Report

PBO Program-Based Operation

PCN Project Concept Note

PCR Physical and Cultural Resources

PCR Project Completion Report

PEN Preliminary Evaluation Note

PIC Public Information Centre

PS Performance Standard

RAP Resettlement Action Plan

RPF Resettlement Policy Framework

SPV Special Purpose Vehicles

STIs Sexually Transmitted Infections

TOR Terms of Reference

UN United Nations

UNFCC United Nations Framework Convention on Climate Change

WB World Bank Group


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EXECUTIVE SUMMARY

As part of the Environmental and Social (E&S) safeguards documentation

required to support the AFC and AfDB application for GCF funding, an E&S

Management Framework (ESMF) is required for the Nigeria Solar IPP Support

Program (the Program). The AFC, as the Accredited Entity has adopted the IFC

Performance Standards as an integral part of its E&S assessment procedures. The

AfDB has adopted an Integrated Safeguard System (ISS), consisting of an

Integrated Safeguards Policy Statement and a set of E&S Performance

Requirements. The proposed program will adopt both the IFC Performance

Standards and the AfDB Operational Standards as requirements to ensure that

the sub-projects selected for funding are compliant with the safeguard

requirements of both the AFC and GCF.

In accordance with the IFC Performance Standards which the AFC has adopted

and AfDB’s ISS, all sub-projects in this program will undergo E&S appraisal to:

• Help AFC and AfDB decide if the project should be financed and;

• Determine which E&S risks and impacts should be addressed in planning,

implementation and operation of selected sub-projects.

The actual projects to be funded will be selected from among the 13 that have

expressed interest in participating in the Program. The selection process will be

undertaken in stages by AFC, using a number of criteria, including E&S risk-related

criteria. Amongst others, eligibility criteria will include consideration of the

following thresholds:

a. Projects that would physically displace more than 50 homes (or 200

population) would not qualify for funding.

b. Projects that would encroach into protected areas of natural habitat or

located in areas where it can adversely affect rare and critically

endangered species would not be funded.

c. Projects that are located inside territories of indigenous minorities or groups

that would qualify under the definition of indigenous people of World Bank

OP 4.10. which does not or cannot provide any direct benefit to the group,

either in terms of access to electricity or other programs shall not be funded.

d. Projects that are assessed to be Category A or Category 1 as per GCF or

AfDB categorization, respectively shall not be funded.

e. Projects that would displace or render inaccessible Cultural Heritage sites

shall not be funded.


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This document presents the Environmental and Social Management Framework

(ESMF) that has been developed for the Program. The ESMF describes how the

Program, through the AE (AFC) and the clients will manage the E&S risks and

impacts of sub-projects. Though the Program will generally target projects with

E&S risks that have limited adverse E&S impacts that are few in number, location

specific and largely reversible or readily minimized, the ESMF has been written to

provide a comprehensive set of E&S assessments tools, which will be deployed to

ensure that sub-project specific E&S impacts are identified and managed

effectively throughout the entire project cycle.

The ESMF also sets out the capacity building and strengthening programs that will

be adopted as part of the implementation of the Framework.


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1 INTRODUCTION

1.1 Background

Nigeria has a population of over 190 million people and currently faces major

energy challenges, with as much as 98 million people, ~55% of its citizens, lacking

access to grid-connected electricity as at the end of 2015. Even with an installed

capacity of ~11,165 MW as at December 2017, available daily generation

capacity has been erratic, ranging from 3,000 MW to 5,000 MW due to gas,

transmission and distribution constraints. This is short of the required electricity to

supply the country’s huge and growing population. This shortfall in generation

capacity has led to the proliferation of many individuals and businesses owning

and using diesel generators, which are inefficient and polluting.

Consequently, this situation has the resultant effect of increasing greenhouse gas

(GHG) emissions in the country. Between the years 1990 through 2010, GHG

emissions increased from 164 million tonnes (MT) CO2eq to 263MT CO2eq.

Population growth, along with predicted economic growth is expected to drive

GHG emissions to over 900 MT CO2eq by 2030.

The installed energy mix in Nigeria is 26% from hydropower and 74% from oil, gas

and other fossil fuels, highlighting the significant amount of room for the growth of

solar power within Nigeria’s installed energy mix. It is estimated that 100 litres of

diesel is used to produce 1MWh electricity. In relation to the Program, this could

translate to a proposed 100 MW solar PV project having a potential to displace

the burning of 2.3 million litres of diesel each year. Consequently, the proposed

Program will significantly reduce GHG emissions in the project areas and

ultimately reduce the carbon footprint of the Nation.

Facing serious electricity supply deficit over many years, the Federal Government

of Nigeria (“FGN”) is actively seeking to improve conditions for private investment

in the power and energy sector. Solar power is a critical component of the power

policy of the FGN, which has reaffirmed its commitment to increasing renewable

energy capacity as a part of Nigeria’s Vision 2020. Overall, the Vision 2020

programme presents an ambitious goal of achieving 35,000 MW by 2020, of which

10% (3,500 MW) is targeted to be provided from renewable energy.

To show its commitment to increasing generation and diversifying from thermal

and hydropower, the FGN through the Nigerian Bulk Electricity Trading Plc

(“NBET”), the off-taker, signed several utility scale solar Power Purchase

Agreements (PPAs) in July 2016 to supply ~1,125 MW of power to the Nigerian


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power grid. It was expected that the Program (a total of 14 IPP sub-projects1,

mostly located in the northern part of Nigeria) will bring significant diversification

from diesel generation sources. To date, none of these projects have been able

to reach financial close.

In support of the development and implementation of the Program, the Africa

Finance Corporation (“AFC”), an Africa focused infrastructure financing institution

with US$4.1 billion in total assets (as at December 2017) and the African

Development Bank (“AfDB”), a pan-African development finance institution with

more than 80-member states and 54 regional member countries; the two highest

rated financial institutions in Africa, are together proposing to work with the Green

Climate Fund (“GCF”) on a Nigeria Solar Intervention Program, which will catalyse

the delivery of c.400MW of renewable power, (the “Program”), ensuring the

successful financing, construction and operations of the first utility scale power

projects in the country. The Program will consist of US$300 million to be equally

provided by GCF, AfDB and AFC, and will provide concessional debt alongside

local financial institutions for the construction of 3 – 5 sub-projects of the Program.

The intent is for debt to be provided alongside local financial institutions in order

to support an aggregate of sub-projects with total costs of up to US$467 million.

Each of the 14 IPP’s will be required to submit relevant documentation and those

that meet the selection criteria will be shortlisted. The Program is expected to

reduce or avoid 476,487t CO2 eq on an annual basis (9,529,739 t CO2 eq. over

the life of the Program), at least 1 million households in Northern Nigeria will be

direct or indirect beneficiaries, reduce the perceived risks of investing in the

Nigerian renewable energy sector and catalyse private sector investment in the

sector.

As part of the E&S safeguards documentation required to support the AfDB and

AFC application for GCF funding, an Environmental and Social Management

Framework (ESMF) is required for the program.

1.2 Rationale for the ESMF

The ESMF is a framework tool that will be used to guide the environmental and

social due diligence (ESDD) process on all sub-projects considered in the

Program. Specifically, the ESMF will be used in guiding the design and due

diligence process by ensuring that appropriate E&S management measures are

1 Solar Power projects in Nigeria with a signed Power Purchase Agreement (PPA) with the Federal Government of Nigeria and which are eligible to participate in the NSISP are referred to aa ‘sub-projects’.


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considered across the entire lifecycle of the individual sub-projects to be finished

under the Program.

The ESMF provides specific details on the following: (a) safeguards standards and

requirements that would be applied to sub-projects; (b) the process and

procedures for the conduct of the ESDD process for sub-projects; (c) capacity

building planning including budget and (d) other E & S requirements which may

be applicable to the sub-projects.

1.3 Objectives of ESMF

The objectives of this ESMF are:

• To establish clear procedures and methodologies for the E&S planning,

review, approval, and implementation of sub-projects to be financed

under the Program;

• To specify appropriate roles and responsibilities and outline the necessary

reporting procedures, for managing and monitoring E&S concerns related

to sub-projects;

• To provide practical resources for implementing the ESMF, including

general guidance on the development of E&S Management Plans (ESMPs)

and their implementation.


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2 PROGRAM DETAILS AND SUB-PROJECTS

2.1 Introduction

Investment in solar power stations allows African countries to take advantage of

a domestic, abundant and “green” energy source, and to enhance energy

generation capacity needed to fuel economic growth and social progress. There

is currently no utility scale solar IPP PV project in Nigeria. This Program is an

opportunity to spearhead the development of the first of such sub-projects, which

will have significant demonstration effect to the FGN and the energy and power

market in the country with the seventh most populated country in the world (190

million) according the to the world population review2.

The main objective of the Program is to provide long term financing to selected

sub-projects within the Program. The Program offers a financing package to

selected sub-projects meeting selection criteria. Funding from the Program will be

used to incentivize sponsors to optimize their financial structures and selection

criteria will incorporate a ranking that will benefit projects which require less

concessional funding as a percentage of project cost.

Under the Program, it is envisaged that GCF’s funding amount will be transferred

to the AFC as governed by the Facility Agreement. The ‘transfer’ of funds will be

structured as a loan between AFC and GCF, which AFC will subsequently on-lend3

to each of the selected projects. Thus, AFC will show as the lender of record for

GCF funds provided to each of the selected projects, albeit through a separate

tranche.

There are currently 14 solar IPP projects in Nigeria (Figure 2.1) with a proposed

total generation capacity of 1,175MW. Of these, a total of 13 have already

expressed interest to avail of financing from the Program. The proposed Program

resources of $467 million is expected to be able to finance from 3 to 5 of these

sub-projects. No other sub-projects outside the Program will be considered for

funding. This ESMF sets out the ESDD process and procedures that will guide the

management of E&S risks throughout the life cycle of selected projects.

3 As per the GCF E & S guidelines, the AFC in this transaction can be considered as a Financial Intermediary


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2.1.1 Typical Activities associated with solar power developments

Typical components 4 5 of solar power projects are presented below.

Photovoltaic system

• Photovoltaic cells.

• Ondulator (to turn DC into AC for compatibility with the grid).

• Transformer (to take the voltage from the ondulator and raise it to the

required grid transmission level).

• Meters.

Ancillary facilities

• Fencing and security gates/posts.

• Electric cables.

• Housing (mostly temporary, during construction) and temporary and

permanent storage facilities.

• Access roads and tracks.

2.2 Location of the 14 IPP Solar projects

In July 2016, the FGN signed PPAs for 14 solar power projects located in different

parts of the country, mostly in northern Nigeria with a proposed total generation

capacity of 1,175MW. The 14 projects are shown in Table 2.1 below.

Table 2.1. Summary of all the Solar IPP signed by the Federal Government of Nigeria

Project / Project Company State Capacity

(MW)

Land

requirements

Financial

Close

1 Pan Africa Solar Katsina 75 120ha NO

2 Nigerian Solar Capital Partners Bauchi 100 TBC NO

3 Afrinegia Power Limited Nasarawa 50 TBC NO

4 KVK Power Limited Sokoto 50 178.9ha NO

5 Middle Band Solar One Kogi 100 TBC NO

4 https://www.ifc.org/wps/wcm/connect/f05d3e00498e0841bb6fbbe54d141794/IFC+Solar+Report_Web+_08+05.pdf?MOD=AJPERES 5 https://www.afdb.org/fileadmin/uploads/afdb/Documents/Publications/SSS_-_IESIA_Volume_3_-_En.pdf

https://www.ifc.org/wps/wcm/connect/f05d3e00498e0841bb6fbbe54d141794/IFC+Solar+Report_Web+_08+05.pdf?MOD=AJPERES

https://www.ifc.org/wps/wcm/connect/f05d3e00498e0841bb6fbbe54d141794/IFC+Solar+Report_Web+_08+05.pdf?MOD=AJPERES


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6 Novia Scotia Power Development

Company

Jigawa 80 TBC NO

7 CT Cosmos Plateau 70 TBC NO

8 Oriental Renewable Solutions Jigawa 50 TBC NO

9 Quaint Abiba Power Kaduna 50 TBC NO

10 Anjeed Innova Group Kaduna 100 262.77ha NO

11 EN Africa Kaduna 50 150ha NO

12 Motir Dusable Limited Enugu 100 TBC NO

13 Nova Solar 5 Farm Limited Katsina 100 TBC NO

14 LR Aaron Power Abuja 100 N/A N/A

*Project No 14 (LR Aaron Power) is not currently being considered for inclusion under the

Program.

TBC . To be confirmed or information not yet available.

N/A. these are the projects within the 14 Solar IPP program which will not be considered for

funding under the AFC-GCF program.

The locations of the 14 projects including the States are represented in Figure 2.1

below.


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Figure 2.1. Location of the 14 Solar IPP Projects

2.3 Location of the 13 sub-projects (with submitted Expressions of

Interest) The locations of the 13 projects that have expressed interest to participate in the

Program is presented in Figure 2.2 below.


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Figure 2.2. Location of 13 sub-projects that have expressed interest in availing the Program

The location of these sub-projects is significant for a variety of reasons:

a. The bulk of them are situated in areas with high irradiance

b. Apart from the positive environmental benefit associated with solar, solar

energy is the most feasible way of generating power in Northern Nigeria. Most

of the main Northern cities are located over 1,000 km from the main thermal

power stations in the Southern part of the country.

c. Solar has the potential to provide power to the underserved load centers and

increase economic activity in Northern Nigeria.


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d. With its location in Northern Nigeria, the Program has a key role in increasing

generation capacity in power-starved areas and catalyzing economic

development where the power shortage is the most severe with limited

generation options.

e. The bulk of the 13 sub-projects being considered under the Program are in the

predominantly Derived Savannah and Guinea Savannah areas in Northern

Nigeria which has high climate vulnerability, food insecurity, extensive

deforestation, and with high dependency of the population on biomass

energy as well as inefficient technologies which further aggravate the

vulnerability of livelihoods to climate risk.

f. Over 50% of the 13 sub-projects being considered for funding under the

Program are in the 10 poorest states in Nigeria.

2.4 E&S Assessments related to Project Phases The 13 sub-projects are currently at various stages of project preparation. Hence,

it is highly likely that by the time each sub-project is admitted to the Program (and

is subjected to E&S due diligence), it may well be in the advanced stages of the

safeguard preparation process following the Nigerian requirements and

safeguards standards of some other funding agencies. Table 2.2 below outlines

the typical E&S risk management activities and requirements which these sub-

projects would ideally undergo.

Table 2.2. Typical solar power development project cycle

Project Phase Key Activities and Approaches to managing E & S impacts and risks

Site exploration/

Selection

The borrower/project proponent shall undertake: (i) Environmental and Social

Screening,

(ii) Preparation of Feasibility Study, and

(iii) Preparation of ESIA Terms of Reference.

Detailed

Engineering

Design

Design, detailed engineering and financial planning are done just before project

approval; at that stage, the borrower or client (or project proponent) should

prepare an ESIA on the basis of the Terms of Reference prepared during the

previous phase and integrate into the ESIA, the ff:

• Environmental and Social Management Plan (ESMP).

• Stakeholder Engagement Plan (SEP).

• Resettlement Action Plan (RAP) as appropriate.

It is also during this stage that the Project Sponsor undertakes: (i) a review and

approval of ESIA, ESMP, SEP and RAP by AFC; (ii) Signing of Loan Agreement and

covenants which may contain provisions for E&S safeguards.

Procurement and

Pre-Construction

At this stage, the borrower/project owner will procure construction and supply

contracts and undertake land acquisition and RAP implementation.

The borrower will submit a compliance report of the RAP implementation to the

AE. The AE will conduct monitoring and validation of the report at the project

site.

Construction Construction activities typically include:


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Project Phase Key Activities and Approaches to managing E & S impacts and risks

• Establishing temporary access to work and ancillary areas,

demarcating clearance zones, establishing access control.

• Clearance and levelling of the site.

• Location and development of borrow pits for construction materials;

import of materials, e.g. gravel, clay, bitumen.

• Sourcing and establishing of a water supply from surface and/or

groundwater.

• Improvement of existing drainage and creation of appropriate

drainage channels as required.

• Installation the solar devices (rows of photovoltaic panels in the simplest

design, concentration devices for the more sophisticated solar power

plants).

• Connecting the solar power production system to the grid.

• Landscaping, as required.

The borrower/project owner will implement the ESMP and monitors compliance

by contractors with the relevant construction standards and construction-

related measures in the ESMP. The borrower/project owner will submit

compliance report to the AE.

The AE will conduct periodic Review Mission to the project site to undertake,

among others: monitoring/audit of project’s ESMP performance and

compliance with relevant E&S standards and any E&S-related provisions of the

Loan Agreement or Covenant.

Operation and

Maintenance

During operation, the principal activities will relate to the maintenance and

repair of the photovoltaic cells, including cleaning of the solar ray receiving

surfaces, repair of any damage to panels (eg due to severe weather conditions).

The specific activities that contribute to direct and indirect impacts are detailed

in Chapter 6 (impacts) and the potential mitigation measures that could be

applied are detailed in Chapter 7 (mitigation measures) of the ESMF.

The borrower/project owner will undertake self-monitoring of compliance with

O&M-related E&S Management measures and standards and submit a report

the Project Sponsor.

The AE will undertake monitoring of compliance with O&M-related E&S measures

and remaining issues.

Decommissioning

(Closure)

At the end of the useful life of the solar plant, the plant itself and all ancillary

components and facilities should be decommissioned and rehabilitated in

accordance with a site-specific closure plan developed in consideration of

international good practice.

The closure process will include site clearance, removal of all equipment,

appropriate disposal of waste materials, soil ripping and re-grading, and

revegetation where necessary. Any access roads which are not public roads

should be returned to an appropriate alternative land use (e.g. farmland, or

natural vegetation cover).

The Project Owner will submit a Compliance Report which will be reviewed and

validated by the Project Sponsor (AFC)


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2.5 Criteria for identifying sub-projects The actual sub-projects to be funded will be selected from among the 13 that have expressed

interest in participating in the Program. The selection process will be undertaken in stages by AFC

using a number of criteria, including ES risk-related criteria. Table 2.3 below summarizes the

selection process.

Table 2.3. Approach to be used in selecting sub-projects for the AFC-GCF funding program.

Stage Description E&S Due Diligence

Stage 1:

Confirmation of

Interest,

November 2018

While consideration was given to all 14

utility scale sub-projects currently under

development, the AFC was aware that

the senior debt financing currently

under consideration by the AFC, AfDB

and GCF, might not be applicable or of

interest to all sub-projects. Thus, sub-

projects were required to provide letters

of interest.

The request for expression of interest

was submitted to all 14 IPP sub-projects

in November 2018.

None

Stage 2:

Information

Packs,

December

2018

Of the 14 IPP’s, 13 have submitted

letters confirming their interest in

participating in the Program. Of these

sub-projects, information requests have

been made, entailing the submission of

documentation covering 6 key areas,

which will also be the basis of sub-

project assessment and selection:

1. General Project Information

2. Environmental Impact

3. Social and Development Impact

4. Economic Potential

5. Project Readiness

6. Capacity and Expertise

E&S related information requested

could come in any form at this stage,

i.e. not necessarily in the form of ESIA,

etc.

Stage 3: KYC

Review

Sub-projects will be reviewed for any

KYC concerns and addressed with

respective sponsors

The E&S Screening Checklist (Annex

1A) will be applied to these sub-

projects using the information

submitted. Additional information

such as specific site, etc. may be

requested to complete the screening.


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Stage 4:

Ranking,

Selection and

Negotiation

Following a review of the information by

the AE and AfDB6, sub-projects will be

shortlisted and then ranked. The top c.5

sub-projects will be notified and term

sheets will be provided to begin

negotiations. It is important to note that

the AE will not be delegating any of its

responsibilities to AfDB, specifically with

regards to the ranking and selection

process.

Sub-projects that do not meet the E&S

eligibility criteria will not be shortlisted.

For sub-projects that meet the E&S

eligibility criteria, the results of the

screening will input into the overall

ranking of candidate sub-projects. For

example, projects that would entail

more assessments and social planning

could be given lower score.

Stage 5:

Financial Close

and

Implementation

Following the successful negotiations

between the AE, lenders and the

projects, all sub-project and financing

documents will be signed and once all

conditions precedents have been met,

financial close will be declared. Once

the first disbursement occurs, sub-

project implementation will begin and

the AE will be responsible for providing

the agreed monitoring and reporting

documents from the sub-projects to the

GCF.

Selected sub-projects will be required

to undertake and submit ESIA/ESMP

and other required safeguards

documents (e.g. RAP, SEP, Labor

Management Plan, etc) as per result

of the E&S screening. These

documents will be reviewed by the

AFC in accordance with this ESMF

and the attached RPF. While the sub-

projects are being reviewed, the main

Safeguards Instruments (i.e. ESIA and

RAP/LRP) shall be disclosed in

accordance with this ESMF.

The Loan Agreement should include

provisions for implementation of the

ESMP, RAP/LRP and other E&S related

plans by the borrower/project owner.

Depending on the results of the

review, additional specific E&S

conditionalities or covenants could

be included in the Loan Agreement.

The E&S screening and review of the sub-projects will be part of and will input into

the selection process, along with other technical and financial criteria. The

Program will generally target sub-projects with low E&S risks or Category B levels,

or those that have limited adverse E&S impacts that are few in number, location

specific and largely reversible or readily minimized. To ensure that no sub-projects

with high E&S risks are funded, the Program will adopt a number of E&S risk-related

eligibility criteria which will be implemented during the E&S Screening.

6 As is typical of project finance, all anchor lenders will be expected and required to obtain approval from their respective boards for the investment. In order to ensure an efficient process, AfDB will review the projects simultaneously with the AE in order to present the shortlisted projects for its own investment approval without any delays to the Program timelines.


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3 REGULATORY AND INSTITUTIONAL FRAMEWORK

3.1 Relevant Nigerian Policies, Legislations and Institutional Provisions

3.1.1 Nigerian Environmental and Social Safeguard Policies and Legal

Provisions

National Policy on the Environment (1988)

The National Policy on the Environment describes the conceptual framework and

strategies for achieving the overall goal of sustainable development in Nigeria.

Specifically, the goals of the Policy include to:

• Secure a quality of environment adequate for good health and human

well-being;

• Conserve and use the environment and natural resources sustainably for

the benefit of present and future generations;

• Restore, maintain and enhance ecosystems and ecological processes

essential for the functioning of the biosphere to preserve biological diversity

and the principle of optimum sustainable yield in the use of living natural

resources and ecosystems;

• Raise public awareness and promote understanding of the essential

linkages between the environment, resources and development, and

encourage individual and community participation in environmental

improvement efforts; and

• Co-operate with other countries, international organizations and agencies

to achieve optimal use of trans-boundary natural resources and effective

prevention or abatement of trans-boundary environmental degradation.

EIA Act Cap E12 LFN 2004

The Environmental Impact Assessment (EIA) Act No. 86 of 1992 as amended by

EIA Act Cap E12 LFN, 2004 is the principal legislative instrument relating to activities

that may likely or to a significant extent affect the environment. The Act sets the

goals and objectives of EIA and procedures including the minimum requirements

for the conduct of EIA of public or private projects. The Act makes EIA mandatory

for all major development projects likely to have adverse impacts on the

environment and gives specific powers to FMEnv to facilitate environmental

assessment of projects in Nigeria.

FMEnv categorizes mandatory study activities into three categories: Category 3

activities are considered to have beneficial impacts on the environment. For

Category 2 activities (unless within the Environmentally Sensitive Area) full EIA is


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not mandatory, while Category 1 activities require full and mandatory EIA.

Projects are pre-listed into these categories based on type and whether it would

involve physical intervention of the environment. Either the listing or the result of

an Initial Environmental Evaluation (IEE) is used to determine projects requiring full

EIA. Renewable energy projects, including solar power plants, are listed under

Category 1 which requires full EIA requiring panel review or category 2 requiring

partial EIA focusing on mitigation and environmental planning measures. The

categorisation largely depends on the IEE and where such a project is located

near an “Environmentally Sensitive Area” (ESA), the project is placed in Category

1.

National Environmental Protection (Pollution Abatement in Industries and

Facilities Generating Wastes) Regulations, 1991

The Regulations prohibit industry or facility from release of hazardous or toxic

substances into the air, water of Nigeria’s ecosystems beyond the permissible

limits of FEPA (now FMEnv). The Regulations further charge any industry or facility

to:

• Establish and maintain a pollution monitoring unit within their premises;

• Ensure on site pollution control; and

• Assign the responsibility for pollution control to a person or body accredited

by the FMEnv. Section 5 of the Regulations mandate industry or facility to

submit to the nearest office of FMEnv a list of chemicals used in the

manufacture of its products, details of stored chemicals and storage

conditions and where these chemicals were obtained, bought or sold.

National Environmental Protection (Management of Solid and Hazardous

Wastes) Regulations, 1991

These Regulations address handling and management of solid, radioactive and

(infectious) hazardous waste. They define the objectives of management of solid

and hazardous waste, the functions of appropriate Government agencies and

obligations of industries. The Regulations mandate all industries to inform FMEnv of

all toxic, hazardous and radioactive substances which they keep in their premises

and/or which they discharge during their production processes. Schedule 12 and

13 of the Regulations provide a comprehensive list of all waste deemed to be

hazardous and dangerous.

National Environmental (Sanitation and Wastes Control) Regulations, 2009

The Regulations provide the legal framework for the adoption of sustainable and

environment friendly practices in sanitation and control of solid wastes, hazardous

wastes and effluent discharges to minimize pollution. Part 3 of the Regulations

states that all owners or occupiers of premises shall provide waste receptacles for


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storage before collection by licensed waste managers. In addition, the

Regulations make it mandatory for facilities that generate waste, to reduce, re-

use, recycle and ensure safe disposal to minimize pollution. The Regulations also

spell out roles and responsibilities of State and Local Government Authorities.

National Environmental (Electrical/Electronic Sector) Regulations, 2011

The principal thrust of this Regulation is to prevent and minimize pollution from all

operations and ancillary activities of the Electrical/Electronic Sector. This

Regulation covers both new and used Electrical/Electronic Equipment (EEE/UEEE).

The principles of the Regulations are anchored on the 5Rs which are; Reduce,

Repair and Re-use, Recycle and Recover as the primary drivers of the sector.

National Environmental (Noise Standards and Control) Regulations, 2009

The purpose of these Regulations is to ensure maintenance of a healthy

environment for all people in Nigeria, the tranquillity of their surroundings and their

psychological wellbeing by regulating noise levels. The Regulations prescribe the

maximum permissible noise levels on a facility or activity to which a person may

be exposed and provide for the control of noise and for mitigating measures for

the reduction of noise.

National Environmental (Surface & Groundwater Quality Control)

Regulations 2011

The purpose of these Regulations is to restore, enhance and preserve the physical,

chemical and biological integrity of the nation’s surface waters and to maintain

existing water uses. The Regulations also seek to protect groundwater sources by

regulating the discharge of hazardous wastes, fossil fuels energy and any other

substances having the potential to contaminate groundwater. The Regulations

also include amongst others, the application and general provisions of water

quality standards for various uses such as agriculture, industrial, aquatic life and

recreation.

3.1.2 Land Use Act CAP L5 LFN 2004

The Land Use Act is the legal framework for land acquisition and resettlement in

Nigeria. The Act vests all land comprised in the territory of each State in the

Governor of that State and requires that such land shall be held in trust and

administered for the use and common benefit of all Nigerians. Specifically, the

Act stipulates that:

• All land in urban areas shall be under the control and management of the

Governor of each State; and


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• All other land, subject to this Act, shall be under the control and

management of the Local Government within the area of jurisdiction in

which the land is situated.

The Acts gives the government the right to acquire land by revoking both

statutory and customary rights of occupancy for the overriding public interest. In

doing so, the Act specifies that the State or Local Government should pay

compensation to the current holder or occupier with equal value.

3.1.3 Nigerian Energy Sector Policies and Legal Provisions

National Energy Policy, 2003

The National Energy Policy highlights strategies for systematic exploitation of the

energy resources, the development and effective use of energy manpower,

supply of rural energy needs, efficient energy technology development and use,

energy security, energy financing and private sector participation. The strategies

are harmonized and grouped into short, medium and long – term measures for

easier implementation.

Specifically, for solar energy, the policy emphasize that the nation shall

aggressively pursue the integration of solar energy into the nation’s energy mix

and shall keep abreast of worldwide developments in solar energy technology.

Some of the overarching objectives of the policy regarding solar energy are

summarized as follows:

• To develop the nation's capability in the utilization of solar energy;

• To use solar energy as a complementary energy resource in the rural and

urban areas;

• To develop the market for solar energy technologies; and

• To develop solar energy conversion technologies locally.

The strategies adopted in the policy to achieve the above objectives include

intensification of research and development in solar energy technology;

promotion of training and manpower development; provision of adequate

incentives to local manufacturers for the production of solar energy components

and equipment; provision of adequate incentives to suppliers of solar energy

products and services; Introducing measures to support the local solar energy

industry; Providing fiscal incentives for the installation of solar energy systems; and

Setting up and maintaining a comprehensive information system on available

solar energy resources and technologies.


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Electric Power Sector Reform Act 2005

This Act provides for the licensing and regulation of the generation, transmission,

distribution and supply of electricity in Nigeria. The Act establishes the NERC and

empowers it to license and regulate persons engaged in the generation,

transmission, system operation, distribution and trading of electricity. The Act

provides requirements for licensing and stipulates that no person shall construct,

own or operate an undertaking or in any way engage in the business of electricity

generation (excluding captive generation), electricity transmission, system

operation, electricity distribution or trading in electricity without a license except

for generating electricity not exceeding 1MW in aggregate at a site or distribution

of electricity with a capacity not exceeding 100 kilowatts (KW) aggregate at a

site.

The Act also makes special provisions for acquisition of land and access rights as

it relates to generation, transmission and distribution companies. The EPSR Act

affords rights holders and/or land occupiers to challenge the declaration by the

Commission. It states that any person or group of persons including the right

holders or occupiers affected by the decision of the Commission may apply to

the Commission for a review of the Commission’s decision (Sections 77(8), 50(1)

and 78(4), EPRS Act). The EPSR Act also affords the concerned aggrieved party

the opportunity of being heard publicly in accordance with Sections 36 and 44

(1) (b) of the 1999 Constitution, as amended. Moreover, an aggrieved party may

further appeal against the decision of the Commission to the Federal High Court

(Section 49, EPSR Act).

Energy Commission of Nigeria Act CAP 109 LFN 1990

The Act was promulgated to create the Energy Commission of Nigeria (ECN) with

responsibility for coordinating and general surveillance over the systematic

development of the various energy resources of Nigeria. Subject to this Act, the

ECN is charged with the responsibility for the strategic planning and co-ordination

of national policies in the field of energy in all its ramifications

Nigerian Electricity Supply and Installation Standards (NESIS) Regulations

2015

These Regulations provide guidance, license terms and conditions to any person

engaged in the generation, transmission, distribution, system operation, and

trading in electricity or in any aspect in the value chain of electricity supply,

including but not limited to engineering designs, installations, commissioning,

decommissioning and maintenance of electric power systems for the purpose of

achieving safe and reliable supply, and utilization of electricity in Nigeria.


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Acquisition of Land Access Rights for Electricity Projects Regulations, 2012

This is a Nigerian Electricity Regulatory Commission Act which provide a regulatory

framework for the acquisition of land and access rights for electricity projects in

Nigeria. This Act also stipulates provisions for the payment of compensation and

resettlement of persons affected by the acquisition of their land for the

establishment of electricity projects as well as the monitoring and evaluation of

project designs of licensees to ensure compliance with environmental standards.

The Regulations apply to the acquisition of land access rights for electricity in

Nigeria, including projects related to generation, transmission and distribution of

electricity.

Roadmap for Power Sector Reform of August, 2010

The Roadmap reviews and fine-tunes plans and strategies to finalize the drive to

complete power sector reform and sets the nation on a steady course to produce

clean and efficient electricity for her citizenry at competitive rates. The Roadmap

contained two core and fundamental objectives, which are;

• to transition the Nigerian Power Sector into a private-sector led market by

implementing the EPSRA 2005 transition (“The Reform Objective”) and

• to support and improve service delivery levels during this transition to the

Nigerian public (“The Service Delivery Objective”).

Renewable Energy and Efficiency Master Plan (REEMP), 2016

The REEMP is a policy being implemented by Nigeria's Federal Ministry of

Environment that aims to increase the contribution of Renewable Energy to

account for 10% of Nigerian total energy consumption by 2025. The initial

Renewable Energy Master Plan (REMP) was produced in 2006 but was recently

updated and approved in June 2016 as the Renewable Energy and Efficiency

Master Plan (REEMP). The REEMP articulates Nigeria’s vision and sets out a road

map for increasing the role of renewable energy in achieving sustainable

development. The policy primarily addresses Nigeria's need for increased

electricity supply, improved grid reliability and security.

The REMP is anchored on the mounting convergence of values, principles and

targets as embedded in the National Economic Empowerment and

Development Strategy (NEEDS), National Energy Policy, National Policy on

Integrated Rural Development, the Millennium Development Goals (MDGs)7 and

international conventions to reduce poverty and reverse global environmental

change. The REMP set the framework for Nigeria to be less dependent on

7 It should be noted that in September 2015, the Sustainable Development Goals (SDGs) replaced the Millennium Development Goals (MDGs). The 8 MDGs were absorbed in the 17 SDGs. Ref http://www.sdgfund.org/mdgs-sdgs [Accessed 03/12/2018]

http://www.sdgfund.org/mdgs-sdgs


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hydrocarbons and increases energy generation from the Sun, biomass

conversion, small hydro plants and wind as well as other conventional

technologies that will provide opportunities to empower people and communities

in meeting their energy and developmental needs.

3.1.4 Other applicable E & S laws and regulations in Nigeria

A summary of other relevant existing national laws and regulations is provided in

Table 3.1.

Table 3.1. Other relevant national environmental protection regulations

Regulations Summary of Provisions

Forestry Law CAP 51

LFN 1994

The Forestry Law prohibits any act that may lead to destruction of or cause

injury to any forest produce, forest growth or forestry property in Nigeria. The

law prescribes the administrative framework for the management, utilization

and protection of forestry resources in Nigeria.

Endanger Species

(Control of

International Trade

and Traffic) Act

CAP E9 LFN 2004

The Act provides for the conservation and management of Nigeria’s wild life

and prohibits the hunting, capture and trade of endangered species.

Harmful Wastes

(Special Criminal

Provisions etc.) Act

CAP HI LFN 2004

An Act to prohibit the carrying, depositing and dumping of harmful waste on

any land, territorial waters and matters relating thereto including penalty for

offences for individuals and corporate bodies. The Act prohibits all activities

relating to the purchase, importation, transit, transportation, deposit, storage

or, sale of harmful wastes.

National

Environmental

(Ozone Layer

Protection)

Regulations, 2009

These provisions seek to prohibit the import, manufacture, sale and the use

of ozone-depleting substances as well as materials that contain these

substances.

National

Environmental (Soil

Erosion and Flood

Control)

Regulations, 2011

The overall objective of these Regulations is to control erosion and flooding

by checking all earth-disturbing activities, practices or developments for

non-agricultural, commercial, industrial and residential purposes.

Factories Act (CAP

F1), 2004

The Act establishes a legal framework for the registration of factories and to

make adequate provisions regarding the safety of workers against

occupational hazards and to impose penalties for any breach of its

provisions. All workplaces are covered by this Act.


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Regulations Summary of Provisions

Employee

Compensation Act,

2010

The Act provides compensation to employees who suffer from occupational

diseases or sustain injuries arising from accidents at workplace or in the

course of employment. Payment of compensation (to the worker or to his

dependents in case of death) by the employer is rooted in the accepted

principle that the employer has a duty of care to protect the health, welfare

and safety of workers at work.

Nigerian Urban and

Regional Planning

Act CAP 138 LFN

2004

The Act is aimed at overseeing a realistic, purposeful planning of the country

to avoid overcrowding and poor environmental conditions. The Act

establishes that an application for land development would be rejected if

such development would harm the environment or constitute a nuisance to

the community.

Forestry Law CAP 51

LFN 1994

The Forestry Law prohibits any act that may lead to destruction of or cause

injury to any forest produce, forest growth or forestry property in Nigeria. The

law prescribes the administrative framework for the management, utilization

and protection of forestry resources in Nigeria.

EIA Procedural

Guidelines, 1995

Categories I, II & III

Procedural Guidelines for the conduct of EIA in Nigeria

Natural Resources

Conservation Act

CAP 268 LFN 1990

The Natural Resources Conservation Act CAP 268 LFN 1990 is the most direct

existing piece of legislation on natural resources conservation. The Act

establishes the Natural Resources Conservation Council, which is

empowered to address soil, water, forestry, fisheries and wildlife conservation

by formulating and implementing policies, programmes and projects on

conservation of the country’s natural resources.

3.1.5 The Gender Policy Framework in Nigeria

The 1999 Constitution the Federal Republic of Nigeria prohibits discrimination on

the basis of places of origin, sex, religion, status, ethnic or linguistic association.

Successive governments have always demonstrated commitment to upholding

this and to promote gender equality and women’s empowerment in varying

degrees. To facilitate gender equality and women’s empowerment, the FGN

created favorable national legal and policy frameworks and put in place

institutional mechanisms in this regard.

Moreover, Nigeria, as a member of the United Nations, signed and ratified the

various relevant international instruments, treaties and conventions without

reservation. These instruments have always emphasized that member nations put

in place the necessary mechanisms needed to eliminate gender discriminations,

ensure equality and human dignity to all men and women.


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The FGN in 2000 adopted a National Policy on Women, in 2006, it was reviewed

and upgraded to become the National Gender Policy. Other key government

policies with gender equality and empowerment of women frameworks include

the National Economic Empowerment and Development Strategies (NEEDS) in

May 2004; and the Transformation Agenda of the immediate past administration

who in developing the Vision 2020, had a ‘Special Interest Group on Women’ to

oversee –the development of policy statements that engender ‘sustainable

human and national development built on equitable contribution of the Nigerian

women, men and children’.

3.1.6 National Gender Policy, 2006

Nigeria put together the National Gender Policy in 2006. Its overall goal is to

promote the welfare and rights of Nigerian women and children in all aspects of

life: political, social and economic. The policy seeks to plan, coordinate,

implement, monitor and evaluate the development of women in the county. In

concrete terms, the National Gender Policy in Nigeria focus on:

• Contribution towards women’s empowerment and the eradication of

unequal gender power relations in the workplace and economy, in trade

unions and in broader society;

• Encouragement of the participation, support and co-operation of men in

taking shared responsibility for the elimination of sexism and redefining of

oppressive gender roles;

• Increase the participation of women in leadership and decision-making;

• Ensure that through labour legislation and collective bargaining, the

particular circumstances of women are considered and that measures are

promoted to eliminate discrimination on the basis of gender;

• Ensure that there is a gender perspective in all sectors of development.

3.2 Nigeria’s National Determined Contributions (NDC) on Climate

Change Nigeria is committed to reduce Greenhouse Gas Emissions by 20% unconditionally

and 45% with international support and has developed a Sectoral Action Plan

(SAP)8 for the implementation of the NDC in the following key priority sectors:

• Energy

8 http://climatechange.gov.ng/

http://climatechange.gov.ng/


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• Oil & Gas

• Agriculture & Land Use

• Power

• Transport

Figure 3.1. Breakdown of Nigeria’s NDC Targets

The IPP Solar sub-projects under this Program will contribute to the Nigerian off-

grid solar 13GW target.

Recognising the consequences and adverse impact of climate change on

Nigeria, the country joined the global community to adopt treaties meant to

tackle climate change. Nigeria became a Party to the UNFCCC in 1992 and

ratified the Convention in 1994, it also became a Party to the Kyoto Protocol in

2004. Nigeria ratified the Paris Agreement (PA) in March 2017, which was

approved by the UNFCCC on the 16 May 2017 and entered into force on 15 June

2017.

Due to the importance attached to the issues of climate change and global

warming, and in view of the enormity of activities required for the implementation

of the climate change treaties to which Nigeria is a Party, the FGN established the


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Department of Climate Change in the Federal Ministry of Environment to serve as

the vehicle for driving National Climate Action efforts and actions.

The Federal National Adaptation Strategy and Action Plan9 outlines provisions for

climate change adaptation in 13 key areas (i.e.: education, livelihood,

commerce and industry, biodiversity, health and sanitation, etc.) which also

includes provisions for state and local actions.

The Paris Agreement recognises the gender-related dimensions of climate

change by Parties to the UNFCCC, and Nigeria is a signatory of the PA, the ESMF

will further delve into gender/women and climate change mitigation and

adaptation for the 13 sub-projects.

As the Nigerian Minister of the Environment noted: “Women’s responsibilities in

households and communities, as stewards of natural and household resources,

position them well to contribute to livelihood strategies adapted to changing

environmental realities.”

Nigeria recognizes the need to address climatic change in a policy responsive

and strategic way. The country has a strategic goal of fostering a low-carbon,

high growth economic development path and building a climate resilient society.

This includes objectives related to climate change mitigation, adaptation,

climate science and technology, public awareness, private sector participation,

and strengthening national institutions and mechanisms.

As part of the implementation of the sub-projects within the program, specific

attention will be giving the mainstreaming of the NDC requirements and targets

into the sub-project design and implementation.

3.3 International Conventions and Agreements

Apart from the National Laws, Acts and Regulations, Nigeria is a signatory or party

to many International Environmental Conventions and Treaties and has

participated in many related conferences. A list of some of the relevant

International Environmental Conventions and Treaties ratified by the Government

of the Federal Republic of Nigeria are presented in

9 http://csdevnet.org/wp-content/uploads/NATIONAL-ADAPTATION-STRATEGY-AND-PLAN-OF-ACTION.pdf

http://csdevnet.org/wp-content/uploads/NATIONAL-ADAPTATION-STRATEGY-AND-PLAN-OF-ACTION.pdf


Page 28 of 218

Table 3.2 below.


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Table 3.2. Selected international agreements and conventions to which Nigeria is a signatory

Regulations Year Adopted

1. United Nations Framework Convention on Climate Change (UNFCCC) 1992

2. Convention on Oil Pollution Preparedness, Response, and Co-operation 1990

3. Basel Convention on the Control of Transboundary Movements of

Hazardous Wastes and their Disposal

1989

4. Montreal Protocol on Substance that Deplete the Ozone Layer 1987

5. Vienna Convention on the Ozone Layer 1985

6. Convention on Conservation of Migratory Species of Wild Animals 1979

7. Convention on the Protection of the World Cultural and Natural Heritage

(World Heritage Convention), Paris

1975

8. Convention to Regulate international trade in Endangered species of

Fauna and Flora (CITES)

1973

9. Convention on the Conservation of Migratory Species of Wild Animals

(CMS or Bonn Convention) (Signatory only)

1988

10. African Convention on the Conservation of Nature and Nature Resource 1968

11. World Bank Operational Directive 4.01: Environmental Assessment, which

classifies projects according to the nature and extent of their

environmental impacts.

1991

12. Gulf of Guinea Large Marine Ecosystem Project (GOG-LME) 1999

13. Convention on Biological Diversity (CBD) 1994

3.4 Nigerian Institutional Provisions and Arrangements

This section highlights the relevant institutions with the core mandate for

environmental protection and the power sector governance in Nigeria. The

section succinctly summarises their roles and responsibilities as applicable to the

implementation of sub-projects within the Program.

3.4.1 Federal Ministry of Environment

The Federal Ministry of Environment (FMEnv) which was formerly known as the

Federal Environmental Protection Agency (FEPA) was established in 1999 through

Decree No. 58 of 1988 as amended by Decree No. 59 of 1992. The Ministry is the

statutory government institution mandated to coordinate environmental

protection and natural resources conservation for sustainable development in

Nigeria. Some of the other mandates of the Ministry include:

• Advising the Federal Government on national environmental policies and

priorities, conservation of natural resources, sustainable development as

well as scientific and technological activities affecting the environment

and natural resources; and

• Prescribing standards and formulating regulations on water quality, effluent

limitations, air quality, atmospheric protection, ozone protection, noise

control as well as the removal and control of hazardous substances.


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National Environmental Standards and Regulations Enforcement Agency

(NESREA)

The National Environmental Standards and Regulations Enforcement Agency

(NESREA) was established by the NESREA Act of 30th July 2007 as an Agency of

the FMEnv. NESREA is charged with the responsibility of enforcing all

environmental laws, guidelines, policies, standards and regulations in Nigeria. It

also has the responsibility to enforce compliance with provisions of international

agreements, protocols, conventions and treaties on the environment to which

Nigeria is a party.

3.4.2 Federal Ministry of Power Works and Housing

The Federal Ministry of Power, Works and Housing (FMPWH) has the overall

responsibility for the provision of power in the country by implementing

generation, transmission and distribution projects in the sector and facilitating the

emergence of a private sector led competitive and efficient electric power

industry. The Ministry is guided by the provisions of the National Electric Power

Policy (NEPP) of 2001, the Electric Power Sector Reform (EPSR) Act of 2005, and

the Roadmap for Power Sector Reform of August 2010.

The Ministry has four (5) parastatals relevant to the implementation of sub-

projects:

i. Energy Commission of Nigeria (ECN),

ii. Nigerian Electricity Regulatory Commission (NERC),

iii. Transmission Company of Nigeria (TCN) and

iv. The Rural Electrification Agency (REA).

v. Nigerian Bulk Electricity Trading Plc (NBET)

Nigerian Electricity Regulatory Commission (NERC)

NERC is an independent regulatory body, established by the EPSR of 2005 to

undertake technical and economic regulation of the Nigerian electricity supply

industry. Essentially, NERC is set up to, license operators, determine operating

codes and standards, establish customer rights and obligations and set cost

reflective industry tariffs. NERC is responsible for the review of electricity tariffs,

subsidy policies, promotion of efficient and environmentally friendly electricity

generation and enforcing standards for electricity creation and use in Nigeria.

NERC is largely responsible for regulating tariffs of power generating companies.


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Transmission Company of Nigeria (TCN)

The Transmission Company of Nigeria (TCN) emerged from the defunct National

Electric Power Authority (NEPA) as a product of the merger of the Transmission

and Operations sectors and was incorporated in November 2005. TCN licensed

activities include: electricity transmission, system operation and electricity trading

which is ring fenced. The sub-projects will entail Grid Connection Agreement with

TCN.

Nigerian Bulk Electricity Trading Plc (NBET)

The Nigerian Bulk Electricity Trading Plc, (NBET) (otherwise known as the Bulk

Trader) was incorporated on July 29, 2010 as the Special Purpose Vehicle (SPV) to

carry out the bulk purchase and resale of electric power and ancillary services

from Independent Power Producers (IPP) and from the successor generation

companies". NBET purchases electricity from the generating companies through

Power Purchase Agreements (PPAs) and sells to the distribution companies

(DisCos) and eligible customers through Vesting Contracts.

Energy Commission of Nigeria (ECN)

Energy Commission of Nigeria was created and saddled with the responsibility for

coordinating and general surveillance over the systematic development of the

various energy resources of Nigeria. The Commission is also charged with the

responsibility for the strategic planning and co-ordination of national policies in

the field of energy in all its ramifications

Rural Electrification Agency

The Rural Electrification Agency was set up by Section 88 of the Electric Power

Sector Reform Act 2005 as the Implementing Agency of the FGN tasked with

electrification of rural and unserved communities. The mission is to provide access

to reliable electric power supply for rural dwellers irrespective of where they live

and what they do, in a way that would allow for reasonable return on investment

through appropriate tariff that is economically responsive and supportive of the

average rural customer.

3.5 International Policies, Standards and Institutions

This section describes international development institutions and their applicable

E&S sustainability standards relevant to this ESMF and the implementation of sub-

projects.

3.5.1 Green Climate Fund (GCF)

The Green Climate Fund (GCF) established its overarching E&S Policy in 2018

which articulates how GCF integrates E&S considerations into its decision-making


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and operations to effectively manage E&S risks and impacts and improve

outcomes. The Policy reflects the commitment of GFC to effectively and

equitably manage E&SE&S risks and impacts and ensure overall sustainability of

all GCF-financed activities. Broadly, the policy applies to all GCF-financed

activities of both public and private sector entities. The activities supported by

GCF may include programmes and sub-projects.

Through this policy, GCF will require that all GCF-supported activities will commit

to:

i. Avoid, and where avoidance is impossible, mitigate adverse impacts to

people and the environment;

ii. Enhance equitable access to development benefits; and

iii. Give due consideration to vulnerable and marginalised populations,

groups, and individuals, local communities, indigenous peoples, and other

marginalized groups of people and individuals that are affected or

potentially affected by GCF-financed activities.

The General requirements for E&S risk management of the GCF are described

below.

Accreditation

In order to ensure that the E&S standards of the GCF are met, GCF seeks to

accredit all its entities and task them to deliver upon the objectives of GCF

through the supported activities. All entities seeking accreditation must have in

place Environmental and Social Management Systems (ESMS) that specify their

capacities, standards and processes for screening, identifying, assessing,

managing, and monitoring the potential E&S risks and impacts pursuant to the

Environmental and Social Standards (ESS) standards of GCF.

Screening and risk categories

The GCF, in line with its ESS standards, requires accredited entities (implementing

entity or an intermediary entity) to screen activities that include programmes,

projects and sub-project, and following the result of the screening, to assign

appropriate risk categories consistent with their ESMS and the GCF ESS.

The screening categories are as set out in


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Table 3.3.


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Table 3.3. GCF Project Screening Categories

GCF Project

Category Description

Category A

Activities with potential significant adverse environmental and/or social risks

and impacts that, individually or cumulatively, are diverse, irreversible, or

unprecedented

Category B

Activities with potential limited adverse environmental and/or social risks and

impacts that individually or cumulatively, are few, generally site-specific,

largely reversible, and readily addressed through mitigation measures

Category C Activities with minimal or no adverse environmental and/or social risks and/or

impacts.

High level of

intermediation, I1*

When a financial intermediary’s existing or proposed portfolio includes, or is

expected to include, financial exposure to activities with potential significant

adverse E&S risks and impacts that, individually or cumulatively, are diverse,

irreversible, or unprecedented

Medium level of

intermediation, I2*

When an intermediary’s existing or proposed portfolio includes, or is expected

to include, substantial financial exposure to activities with potential limited

adverse environmental or social risks and impacts that are few, generally site-

specific, largely reversible, and readily addressed through mitigation

measures; and includes no activities with potential significant adverse E&S

risks and impacts that, individually or cumulatively, are diverse, irreversible, or

unprecedented

Low level of

intermediation, I3*

When an intermediary’s existing or proposed portfolio includes financial

exposure to activities that predominantly have minimal or negligible adverse

E&S impacts.

*Applicable when considering projects associated with financial intermediaries. Note that the

Nigerian Solar IPP program is not expected to include financial intermediaries. However, in the loan

agreement between the GCF and AFC, the AFC will be considered a financial intermediary. The

ESMF as detailed in this document will be applied to all selected sub-projects identified for funding.

Environmental and Social Due Diligence under GCF

GCF will conduct its E&S due diligence as part of its assessment of activities

proposed for funding consideration. The purpose of GCF due diligence is to

understand and evaluate how the E&S, including transboundary, risks and

impacts are screened, assessed and planned to be mitigated and managed by

the accredited entities. The due diligence of GCF will verify consistency of the

assessments and proposed management measures by the accredited entities

with the ESS standards and this policy and recommend to the Board for GCF

financing only those proposed activities that meets the requirements for

managing E&S risks and impacts, pursuant to the ESS standards and this policy.


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Environmental and social assessment

GCF will require the accredited entities to undertake assessment of E&S, including

transboundary risks and impacts to ensure that the activities proposed for GCF

financing meet their E&S safeguards pursuant to the ESS standards of GCF and

this policy. If the accredited entities are acting in an intermediary function, GCF

will require the accredited entity to undertake all necessary measures to ensure

that the executing entities fulfil the activity-level assessment requirements

described in this section for each component sub-project and will conduct the

necessary due diligence and oversight to ensure that these requirements are

fulfilled.

Environmental and social management plan (ESMP)

GCF requires and ensures that the accredited entities develop ESMP that contain

the measures to manage and mitigate the identified risks and impacts, pursuant

to the ESS standards of the GCF and policy. If an accredited entity is acting in an

intermediary function, the GCF will require the accredited entity to take all

necessary measures to ensure that the executing entities fulfil the activity-level

ESMP requirements discussed in this section, and the accredited entity will

conduct the necessary due diligence and oversight to ensure that these

requirements are fulfilled.

Operational changes

GCF requires the accredited entities to notify GCF when there are major changes

in the activity design and execution, policy, and regulatory setting, receiving

environment and community, unanticipated environmental risks and impacts, or

other circumstances that raise or potentially raise the E&S risk category of GCF-

financed activities.

GCF also requires and ensures that the accredited entities undertake due

diligence appropriate to the new E&S risk category of the activities and revise the

ESMP to meet the requirements of their E&S safeguards, in a manner consistent

with the ESS standards of GCF.

Monitoring and reporting

GCF will carry out monitoring and reporting functions related to the E&S

performance of the accredited entities and the supported activities as required

in the GCF monitoring and accountability framework. The monitoring will be a

continuous process that allows disclosure pursuant to the monitoring and

accountability framework and the Information Disclosure policy. The extent of

monitoring will be based on the type and level of risks identified, including E&S

risks.


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3.5.2 Africa Finance Corporation (AFC)

AFC’s core mission is to address Africa’s infrastructure development needs while

seeking a competitive return on capital for shareholders. Through the provision of

project development expertise and risk capital, AFC is helping to fill Africa’s

critical infrastructure void and ensuring that the positive economic growth

momentum the region is currently experiencing is maintained and accelerated.

AFC offers a unique value proposition as an Africa-focused multilateral financial

institution covering three complementary service areas: project development,

financial advisory and principal investing.

AFC’s Environmental and Social Risk Management Policy

AFC has an approved Environmental and Social Risk Management Policy to

ensure that it carries out its lending, investment and advisory services to its clients

and counterparties in a manner that is environmentally sound and ensures

sustainable development. The E&S Risk Management Policy is based on Good

International Industry Practice reference frameworks, including the IFC

Performance Standards on Environmental and Social Sustainability and the World

Bank Environmental, Health and Safety Guidelines.

If impact on the environment is unavoidable, or the successful conclusion of

projects will affect local communities through displacement or other significant

impacts, AFC will ensure that such impact is reduced, mitigated or that

appropriate compensation is provided. Through its Environmental and Social Risk

Management Policy, AFC is committed to ensuring that the cost of economic

development do not fall disproportionately on those least able to bear those

costs, that the environment is not degraded in the process and that natural

resources are managed efficiently and in a sustainable manner.

AFC believes that regular engagement with local communities about matters

that directly affect them plays an important role in avoiding or reducing harm to

people and the environment. Thus, AFC is committed to ensuring through its E&S

assessment and monitoring process that the projects it develops, or the

investments that it makes are:

i. Socially and environmentally sustainable

ii. Respectful of the right of affected communities

iii. Structured and operating in compliance with the relevant regulatory

requirements and with the best international practice.


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International Finance Corporation E&S Standards

The IFC Performance Standards (PS) on Environmental and Social Sustainability

describes IFC’s commitments, roles and responsibilities related to environment

and social sustainability. The performance standards are directed towards clients,

providing guidance on how to identify risks and impacts and are designed to help

avoid, mitigate and manage risks and impacts as a way of doing business in a

sustainable way including stakeholder engagement and disclosure obligations of

the client in relation to project level activities. IFC requires its clients to apply the

Performance Standards to manage E&S risks and impacts so that development

opportunities are enhanced.

IFC sets out eight (8) Performance Standards required by project proponents to

meet throughout the life of an investment by IFC as set out below.

• Performance Standard (PS) 1: Assessment and Management of

Environmental and Social Risks and Impacts;

• Performance Standard (PS) 2: Labour and Working Conditions;

• Performance Standard (PS) 3: Resource Efficiency and Pollution Prevention;

• Performance Standard (PS) 4: Community Health, Safety and Security;

• Performance Standard (PS) 5: Land Acquisition and Involuntary

Resettlement; and

• Performance Standard (PS) 6: Biodiversity Conservation and Sustainable

Management of Living Natural Resources.

• Performance Standard (PS) 7: Indigenous People

• Performance Standard (PS) 8: Cultural Heritage

Some performance standards may be triggered on the sub-projects and the

appropriate level of E & S assessments will need to be undertaken. The Program

will adopt a combination of Nigerian E&S regulations, the IFC performance

Standards (which both GCF and AFC subscribe to) and the Integrated Safeguard

Systems of the AfDB to manage E&S issues relating to the Program.

AFC’s Project Categorization

E&S risk categories are allocated by imputing project details into an automated

categorization tool which assigns an E & S Category according to the project’s

potential E & S risks and impacts and also indicates the applicable E & S

requirements to follow.

The E & S project categories considered by the AFC are set out in

Table 3.4.


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Table 3.4. AFC Project Categorisation

Project Category Definition

Category A (high

risk)

Projects with significant adverse E&S impacts that are diverse, irrevocable, or

unprecedented. These impacts cannot be mitigated or remedied or can only

be so at significant cost.

Category B

(medium risk)

Projects with limited potential adverse E&S impacts that are site specific

and may be readily addressed through mitigation measures.

Category C

(Low risk) Projects with minimal or no adverse E&S risks or impacts.

AFC ESDD process

AFC’s ESDD process is premised on the categorization allocated to each project.

Depending on the complexity and the E&S Category of the project, the ESDD can

be a desk review, can include site visit or require a full-scale review conducted

by a technically qualified person or E&S consultant

The ESDD process for each project category type is presented in Table 3.5.

Table 3.5. AFC ESDD process

Project

Category ESDD approach

Category

A

For Category A projects, assistance of an external expert is mandatory. The most

important element of the ESDD is to determine the gaps between the current E&S

performance and the benchmark performance/reference standards (IFC

Performance Standards, World Bank EHS Sector Guidelines and the AFC’s E&S

requirements). The gap analysis with regard to these requirements is considered crucial

to ensure that the client is managing E&S risks in accordance with local or

internationally recognized E&S risk management standards and laws (whichever is

more stringent). The gap analysis must be provided by a qualified external expert. It

must lead to the formulation of a reasonable action plan, which describes all the

actions necessary to achieve AFC’s E&S requirements in a given time frame after

factoring in the criticality of the E&S risks.

The ESDD for Category A projects involves the following steps:

• Requiring the client to fill in AFC’s E&S Questionnaire;

• Handing over to the client the relevant, sector-specific Sector Guidelines

• Requiring the client to prepare a gap analysis between client’s performance and

the performance defined in the IFC Performance Standards and World Bank EHS

Sector Guidelines with the help of an external expert;

• Collecting and studying original ESIA documents or other relevant documents;


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• Carrying out research on potential risks/non-governmental organizations’ (“NGO”)

interest;

• Site visit by an external E&S consultant; and

• Preparing a CESAP if the AFC’s E&S requirements are not met (based on the gap

analysis’s findings).

Category

B

For Category B projects, the AFC E&S Due Diligence Questionnaire and E&S sector-

specific Questionnaire is used to assess the E&S impacts and risks. If any red flag issues

become apparent, further investigations are initiated and external consultants’

involvement may be necessary. If considered necessary by the E&S Risk Officer or

external consultant, a Client E&S Action Plan (CESAP) and mitigatory activities, leading

the client to eventual compliance with AFC’s E&S requirements must be developed.

The ESDD for Category B projects involves the following steps:

▪ Requiring the client to fill in AFC’s E&S Due Diligence Questionnaire and the E&S

sector-specific Questionnaire;

▪ Collecting and studying original Environmental and Social Impact Assessment

(“ESIA”) documents or other relevant documents (audit reports, etc.)

▪ Carrying out research on potential risks / potential NGO interest;

▪ Optionally - visit the site;

▪ Optionally - preparing a CESAP if the AFC’s E&S requirements for Category B

projects are not met; and

▪ Optionally - assistance of an external expert.

Based on the ESDD, the ESRO will prepare an Environmental and Social Review

Summary report (“ESRS”), containing the various mitigation measures.

Category

C

For Category C projects, no extensive ESDD is necessary. Compliance with E&S laws is

checked, and a reputational risk screening is conducted.

AFC Gender Policy

AFC has a Gender Policy, which seeks to integrate gender considerations in its

investment activities. AFC’s approach and commitment to its gender policy as it

relates to its investment activities, implies that AFC will:

i. work towards conducting gender analysis to ensure that gender issues are

addressed as part of its investment process;

ii. encourage investment entities to educate their supply chain in managing

gender equity in accordance with global best practice;

iii. integrate gender equity assessment into the AFC Investment process;

iv. not establish business relationships with organizations that condone,

support or otherwise participate in trafficking, including labor or sexual

sexploitation;

v. include sex disaggregated data in E&S action plans.


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3.5.3 The African Development Bank (AfDB)

Integrated Safeguards System (ISS)

The E&S safeguards of the AfDB are a cornerstone of the Bank’s support for

inclusive economic growth and environmental sustainability in Africa. AfDB will

apply the Integrated Safeguards System for all projects considered under the

Program’s framework.

The Bank ISS is designed to promote the sustainability of project outcomes by

protecting the environment and people from the potentially adverse impacts of

projects. This requires that all the projects will comply with these safeguards

requirements of the ISS during project preparation and implementation. The

safeguards aim to:

• Avoid adverse impacts of projects on the environment and affected

people, while maximising potential development benefits to the extent

possible;

• Minimise, mitigate, and/ or compensate for adverse impacts on the

environment and affected people when avoidance is not possible; and

• Help borrowers/clients to strengthen their safeguard systems and develop

the capacity to manage E&S risks.

The ISS consists of four interrelated components as summarized in Figure 3.2 below.

Figure 3.2. Structure of the AfDB ISS


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The Integrated Safeguards Policy Statement

Describes common objectives of the Bank’s safeguards and lays out policy

principles. It is designed to be applied to current and future lending modalities,

and it takes into account the various capacities and needs of regional member

countries in both the public and private sectors.

The Integrated Safeguards comprises of Policy Statement that sets out the basic

tenets that guide and underpin the Bank’s approach to environmental

safeguards. The Bank’s Integrated Safeguards Policy Statement sets out the

Bank’s own commitments to and responsibilities for delivering the ISS: to

i. ensure the systematic assessment of E&S impacts and risks;

ii. apply the Operational Safeguards to the entire portfolio of Bank

operations;

iii. support clients and countries with technical guidance and practical

support in meeting the requirements;

iv. implement an adaptive and proportionate approach to E&S

management measures to be agreed with clients as a condition of

project financing;

v. ensure that clients engage in meaningful consultations with affected

groups; and

vi. respect and promote the protection of vulnerable groups, in a

manner appropriate to the African context

Operational Safeguards (OSs)

These are a set of five safeguard requirements that Bank clients are expected to

meet when addressing social and environmental impacts and risks. Bank staff use

due diligence, review, and supervision to ensure that, clients comply with these

requirements during project preparation and implementation. Over time the Bank

may adopt additional safeguard requirements or update existing requirements to

enhance effectiveness, respond to changing needs, and reflect evolving best

practices.

The OSs are intended to:

• Better integrate considerations of E&S impacts into Bank operations to

promote sustainability and long-term development in Africa;

• Prevent projects from adversely affecting the environment and local

communities or, where prevention is not possible, minimise, mitigate and/or

compensate for adverse effects and maximise development benefits;


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• Systematically consider the impact of climate change on the sustainability

of investment projects and the contribution of projects to global

greenhouse gas emissions;

• Delineate the roles and responsibilities of the Bank and its borrowers or

clients in implementing projects, achieving sustainable outcomes, and

promoting local participation; and

• Assist regional member countries and borrowers/clients in strengthening

their own safeguards systems and their capacity to manage E&S risks.

The five operational safeguards of the AfDB are presented in

Table 3.6.

Table 3.6. AfDB Operational Safeguards OS1-5

Operational Safeguard Description

OS 1: Environmental

and social assessment

This overarching safeguard governs the process of determining a project’s

environmental and social category and the resulting environmental and

social assessment requirements

OS 2: Involuntary

Resettlement: Land

Acquisition, Population

Displacement and

Compensation

This safeguard consolidates the policy commitments and requirements set

out in the Bank’s policy on involuntary resettlement and incorporates a few

refinements designed to improve the operational effectiveness of those

requirements

OS 3: Biodiversity and

Ecosystem Services

This safeguard aims to conserve biological diversity and promote the

sustainable use of natural resources. It also translates the commitments in

the Bank’s policy on integrated water resources management into

operational requirements.

OS 4: Pollution

Prevention and

Control, Greenhouse

Gases, Hazardous

Materials and

Resource Efficiency

This safeguard covers the range of key impacts of pollution, waste, and

hazardous materials for which there are agreed international conventions,

as well as comprehensive industry-specific and regional standards,

including greenhouse gas accounting, that other multilateral

development banks follow.

OS 5: Labour

Conditions, Health and

Safety

This safeguard establishes the Bank’s requirements for its borrowers or

clients concerning workers’ conditions, rights and protection from abuse or

exploitation. It also ensures greater harmonisation with most other

multilateral development banks.

Environmental and Social Assessment Procedures (ESAPs)

The Bank’s ESAPs details the specific procedures that the Bank and its borrowers

or clients should follow to ensure that Bank operations meet the requirements of

the operational safeguards (OSs) at each stage of the Bank’s project cycle.


Page 43 of 218

Its adoption and implementation enhance the E&S performance of the Bank’s

operations and improve project outcomes. The ESAPs will help to improve

decision-making and project results by ensuring that Bank-financed operations

conform to the requirements laid out in the operational safeguards (OS) and are

thus sustainable. The ESAP describes how the Bank and its borrowers should work

together to ensure that environmental, climate change and social considerations

are integrated into the project cycle from country programming to post

completion. It represents a coordination mechanism between the Bank, relevant

government agencies and private sector entities and plays an important role in

building the environmental, social and climate change management capacity

of the project’s executing agency. The Environmental and Social Assessment

procedures apply during the entire project cycle, with differentiated tasks to be

performed, roles and responsibilities for the Bank and its borrowers and clients.

Also, the Bank has an integrated system which will be used to ensure its E & S

requirements are incorporated effectively into the whole programme cycle, i.e.,

Integrated Safeguards Tracking System (ISTS). The ISTS constitutes an integral part

of the ESAP.

A summary of the key requirements of the ESAP during each project stage is

presented in

Table 3.7 below10.

Table 3.7. Summary of the AfDB Project Cycle and E & S requirements

AfDB Project

Cycle Details

Country

Programming

Phase

• During country programming, the key task is to develop and update

baseline data on RMCs’ E&S components, policies, programs, and

capacities to better integrate E&S dimensions into lending priorities.

• These are the responsibilities of the Bank’s Sector Departments and

Regional Departments.

Project

Identification

Phase

• At the project identification phase, the screening exercise focuses on the

E&S dimensions of a project to categorize it in one out of four categories

based on the potential adverse E&S impacts of the project.

• These tasks will be carried out by the Bank in collaboration with the clients.

10More details can be found at this link:

https://www.afdb.org/fileadmin/uploads/afdb/Documents/Publications/SSS_%E2%80%93vol1_%E2%80%93_Issue4_-_EN_-

_Environmental_and_Social_Assessment_Procedures__ESAP_.pdf

https://www.afdb.org/fileadmin/uploads/afdb/Documents/Publications/SSS_%E2%80%93vol1_%E2%80%93_Issue4_-_EN_-_Environmental_and_Social_Assessment_Procedures__ESAP_.pdf

https://www.afdb.org/fileadmin/uploads/afdb/Documents/Publications/SSS_%E2%80%93vol1_%E2%80%93_Issue4_-_EN_-_Environmental_and_Social_Assessment_Procedures__ESAP_.pdf


Page 44 of 218

AfDB Project

Cycle Details

Project

Preparation

Phase

• During project preparation, the scoping exercise helps to define the

scope of the Environmental and Social Assessments (ESA) to be

completed by the Borrower based on the project category, with the

assistance of staff from the operational departments.

• The preparation of these assessments including the development of

management plans and systems requires consultations with primary and

secondary stakeholders.

• Once ESAs are finalized, the review process allows operational

departments to ensure that Bank’s vision, policies, and guidelines were

adequately taken into account in project design and implementation.

• The clients/borrower will be in charge of the preparation of the required

studies and plans while the Bank will be responsible for reviewing and

validating the studies and plans.

Project

Appraisal

Phase

• During the appraisal phase, ESIA Summaries shall be reviewed and

cleared by the Safeguards and Compliance Department (SNSC).

• The procedures require the public disclosure of summaries in accordance

with specified deadlines.

o All Category 1 operations shall be disclosed for 60 days before

Board deliberations. This is specific to the Nigeria Solar IPP SPV

entities only, because other Category 1 projects (public sector)

require a 120-day disclosure period

o All category 2 operations shall be disclosed for 30 days before

Board deliberations.

• The Bank will be responsible for conducting site visits and verification

activities with respect to the studies, plans, and systems developed by the

borrowers.

Project

Implementation

Phase

• At the project implementation phase, the Borrowers shall ensure the

implementation of E&S management plans developed to address

adverse impacts, while monitoring the project impacts and results.

• The Bank’s operational staff shall supervise the Borrowers’ work and verify

compliance through supervision missions and/or E&S audits, whenever

necessary.

• Audits are undertaken during the completion phase, and post evaluations

shall also aim to assess the E&S sustainability of the results.

Integrated Environmental and Social Impact Assessment (IESIA) Guidance

Notes

The IESIA Guidance Notes provide technical guidance to the Bank’s borrowers or

clients on standards on sector issues or on methodological approaches clients or

borrowers are expected to adopt to meet OS standards. The Integrated

Environmental and Social Impact Assessment (IESIA) Guidance notes provide a


Page 45 of 218

systematic process for addressing sub-projects’ E&S impacts with a clear

understanding of the specific sector characteristics.

The IESIA Guidelines’ major objective is to provide reference material to the staff

of the Bank and RMCs on how to adequately consider crosscutting themes while

assessing the E&S impacts of a sub-project. Moreover, the IESIA Guidelines can

greatly assist in the project design, as many potential adverse impacts can be

avoided or mitigated by modifying or adding certain project components to the

initial design. As well, improvements in the project design can enhance several

beneficial impacts at a minimal cost. Therefore, the IESIA Guidelines provide

guidance on how to adequately consider the Bank’s priority crosscutting themes

in both the preparation and assessment phases. Thus, the staff of the Bank and

RMCs should refer to the IESIA Guidelines from the beginning of the project cycle

to the end.

The IESIA Guidance notes complement the guidance and formats provided in

ESAP and provide guidance to RMCs when undertaking E&S Assessments for

Bank-financed projects/programs. It will also be used by the Bank’s Operational

staff in reviewing and clearing these studies and in project supervision. The

provision of high-quality technical guidance is key to ensuring effective

compliance, capacity and ownership of the ISS for Bank staff and borrowers alike.

The IESIA Guidance Notes are presented in three standalone volumes that

provide guidance in the three essential components of:

i. the Environmental and Social Assessment process,

ii. specific topics and operational safeguard requirements, and

iii. technical guidance on key sectors and subsectors that have been

proposed by operational departments as areas where guidance is

needed.

AfDB Project Categorisation Process

The ESAP also includes procedural requirements such as the categorization of

projects, disclosure and monitoring of projects during implementation and

operation. All projects under the Nigerian Solar IPP program will be categorized

and structured to meet AfDB ISS requirements. These are further outlined below.

In accordance to AfDB ISS, each sub-project will undergo E&S appraisal in order

to determine whether the project can be financed as well as ensuring that the

E&S considerations are incorporated effectively in the planning, implementation,

and operation of the sub-projects. Each sub-project under the AFC-AfDB-GCF

program will undergo initial E&S screening and be categorized accordingly at the


Page 46 of 218

initial stage of the project cycle, to determine the nature and level of E&S

investigations, information disclosure and stakeholder engagement required. The

categorization shall be done according to the guidance stipulated in the AfDB

ESAPs.

A summary of the AfDB’s project categorization process (detailed in the ESAP) is

set out in Table 3.8.

Table 3.8. AfDB Project Categorization process

AfDB Project


Category 1

• Projects likely to cause significant E&S impacts.

• Category 1 projects are likely to induce significant and/or irreversible

adverse environmental and/or social impacts, or to significantly affect

environmental or social components that the Bank or the borrowing

country considers sensitive.

Category 2

• Projects likely to cause less adverse E&S impacts than Category 1.

• Category 2 projects are likely to have detrimental site-specific

environmental and/or social impacts that are less adverse than those of

Category 1 projects.

• Likely impacts are few in number, site-specific, largely reversible, and

readily minimized by applying appropriate management and mitigation

measures or incorporating internationally recognized design criteria and

standards.

Category 3

• Projects with negligible adverse E&S risks

• Category 3 projects do not directly or indirectly affect the environment

adversely and are unlikely to induce adverse social impacts. They do not

require an E&S assessment.

• Beyond categorization, no action is required.

• Nonetheless, to design a Category 3 project properly, it may be necessary

to carry out gender analyses, institutional analyses, or other studies on

specific, critical social considerations to anticipate and manage

unintended impacts on the affected communities.

Category FI

• Projects involving lending to financial intermediaries (FI).

• Category FI projects involve lending to financial intermediaries that on-

lend or invest in sub-projects that may produce adverse E&S impacts.

• FIs include banks, insurance, reinsurance and leasing companies,

microfinance providers, private equity funds and investment funds that

use the Bank’s funds to lend or provide equity finance to their clients.

Subcategory

FI-A

• The financial intermediary’s portfolio is considered high risk, and it may

include sub-projects that have potentially significant adverse


Page 47 of 218

AfDB Project


environmental, climate change, or social impacts and that are equivalent

to Category 1 projects.

Subcategory

FI-B

• The financial intermediary’s portfolio is deemed to be medium risk, and

may include sub-projects that have potential limited adverse

environmental, climate change, or social impacts and that are equivalent

to Category 2 projects

Subcategory

FI-C

• The financial intermediary’s portfolio is considered low risk and includes

sub-projects that have minimal or no adverse environmental or social

impacts and that are equivalent.

The sub-projects will then be subjected to an appropriate E&S assessment and

mitigation measures will be formulated to ensure E&S considerations are

incorporated in the course of implementing the particular sub-projects within the

Program.

3.6 Environmental and Social Assessment of Nigerian Policies and

Legislations, IFC Performance Standards and AfDB Safeguard

Systems

The E&S risk categorization of AfDB, AFC and IFC/GCF are comparable and

somewhat equivalent. Futhermore, the Nigerian Country system requires that EIAs

be conducted all projects that meet certain criteria.

Table 3.9 below provides a comparison between the Nigerian, the AfDB and

IFC/GCF E&S safeguards systems. The comparison shows that the Nigerian

Environmental and Social Safeguards system addresses most of the key elements

of Environmental and Social Safeguards except for the preparation of ESMF for

projects involving multiple sub-projects, indigenous peoples, and the required

differentiated treatment of vulnerable groups.

The AfDB and IFC/GCF systems can be deemed materially equivalent, although

the GCF/IFC system provides special focus on some issues such as on community

health and safety and security, indigenous peoples, and vulnerable groups. The

AfDB has five standards (OSS1 to 5) whereas the IFC has eight; but the three

IFC/CGF standards are covered under AfDB’s OSS1. As such, if a sub-project is fully

compliant with IFC/GFC standards, then it can also be deemed materially in

compliance with AfDB’s ISSs.


Page 48 of 218

The main challenge facing E&S safeguarding in Nigeria is the enforcement of

these policies, guidelines and legislative provisions. Thus, as part of this ESMF, in

order to support the due diligence process, to avoid causing harm and to ensure

consistent treatment of E&S issues across the sub-project intervention areas,

institutional capacity strengthening and funding have been recommended.

Table 3.9. Comparison of Nigerian Legal Provisions, AfDB ISS specifications and IFC Performance

Standards (for AFC and GCF)

Key Element Nigerian Provisions AfDB Integrated

Safeguard System

IFC Performance Standards (AFC

and GCF requirements)

ESMF for

Programs

involving

multiple but

still

unidentified

sub-projects.

Not a national

requirement

OS 1:

Environmental and

social assessment

PS 1: Assessment and Management

of Environmental and Social Risks

and Impact

Screening EIA Act Cap E12 LFN

2004

OS 1:

Environmental and

social assessment



and Impact

Scoping EIA Act Cap E12 LFN

2004

OS 1:

Environmental and

social assessment



and Impact

Environmental

and Social

Impact

Assessment

Guideline

EIA Procedural

Guidelines, 1995

EIA Sectoral

Guidelines for Power

Sector, 2013

IESIA Guidance

Notes

ESAP



and Impact

Environmental

Categorization

EIA Procedural

Guidelines, 1995

Categories I, II & III

OS 1 – Categories

1, 2, 3 and FI for

operations

involving lending

to financial

intermediaries.

PS 1: Categories A, Category B and

Category C and Category FI for

lending to Financial Intermediaries

Environmental

and Social

Assessment

EIA Act Cap E12 LFN

2004

OS 1:

Environmental and

social assessment



and Impact

Environmental

and Social

Management

Plan

EIA Act Cap E12 LFN

2004

OS 1:

Environmental and

social assessment



and Impact

Consultation

and

Participation

EIA Act Cap E12 LFN

2004

OS 1 (include

provision of IESIA

Guidance Notes

on consultation)



and Impact

Involuntary

Resettlement

- Land Use Act

CAP L5 LFN 2004

- Acquisition of

Land Access

Rights for

OS 2: Involuntary

Resettlement:

Land Acquisition,

Population

PS 5: Land Acquisition and

Involuntary Resettlement


Page 49 of 218


Safeguard System



Electricity

Projects

Regulations,

2012

Displacement and

Compensation

Compensation Cash compensation

is generally made

based upon market

value. Whilst in

principle there is

allowance

for in-kind

compensation or

replacement of

assets, cash

compensation is

common practice

OS 2: Affected

Persons are

compensated for

all their losses at

full replacement

cost. They can be

offered a range of

different

compensation

packages,

resettlement

assistance, and

livelihood

improvement

options.

PS 5: Land Acquisition and

Involuntary Resettlement

Pollution

Prevention

and Control

National

Environmental

Protection (Pollution

Abatement in

Industries and

Facilities Generating

Wastes)

Regulations, 1991;

and

National

Environmental

(Surface &

Groundwater

Quality Control)

Regulations 2011

Operational

safeguard 4 –

Pollution

prevention and

control, hazardous

materials and

resource

efficiency

PS 3: Resource Efficiency and

Pollution Prevention

Greenhouse

Gases

National

Environmental

Protection (Pollution

Abatement in

Industries and

Facilities Generating

Wastes)

Regulations, 1991

Operational

safeguard 4 –

Pollution

prevention and

control, hazardous

materials and

resource

efficiency

(Special screening

for GHGs is also

considered under

OS 1)



Waste and

Hazardous

Materials

- National

Environmental

Protection

(Management of

Solid and Hazardous

Wastes) Regulations,

1991

Operational

safeguard 4 –

Pollution

prevention and

control, hazardous

materials and




Page 50 of 218


Safeguard System



- Harmful Wastes

(Special Criminal

Provisions etc.) Act

CAP HI LFN 2004

resource

efficiency

Resources and

Conservation

Natural Resources

Conservation Act

CAP 349 LFN 1990

Operational

safeguard 3:

Biodiversity and

Ecosystem

Services

PS 6: Biodiversity Conservation and

Sustainable management of Living

natural Resources

Labour

Conditions

Employee

Compensation Act,

2010

Labour Act, 1990

Operational

safeguard 5 –

Labour conditions,

health and safety

PS 2: Labour and Working Conditions

Health and

Safety

Factories Act (CAP

F1), 2004

Operational

safeguard 5 –

Labour conditions,

health and safety

PS 2: Labour and Working Conditions

for occupational health and safety

PS 4: Community Health, Safety and

Security

Natural

Habitat and

Biodiversity

Forestry Law CAP 51

LFN 1994

Endangered

Species (Control of

International Trade

and Traffic) Act No.

11 of 1985Natural

Resources

Conservation Act

CAP 349 LFN 1990

Operational

safeguard 3:

Biodiversity and

Ecosystem

Services

PS 6: Biodiversity Conservation and

Sustainable management of Living

natural Resources

Gender National Gender

Policy 2010

Special

consideration is

paid to the needs

and rights of

women in the ISS.

In the context of

gender

vulnerability,

the client must

consider the social

and political

constraints and

barriers that

women may face.

Annex XIII Gender Policy for the

Green Climate Fund

Vulnerable

Groups

Some Nigerian

policies address the

needs of vulnerable

people, such as

the Gender Policy,

Child Act or NEEDS

framework.

However, there are

no specific

provisions related to

OS 1:

Environmental and

social assessment.

Special attention is

given to

vulnerable groups.

GCF’ Environmental and

SocialPolicy


Page 51 of 218


Safeguard System



Environmental &

Social Assessment.

Indigenous

People

No provision for

indigenous people

OS 1:

Environmental and

Social Assessment

PS 7: Indigenous people

Indigenous Peoples policy of the

GCF

Differentiated

Measures for

Vulnerable

Group

No provisions (Provision for

differentiated

measures for

inclusion)

GCF’ Environmental and Social

Policy

Environmental

Monitoring

EIA Act Cap E12 LFN

2004

ESAP PS 1: Assessment and Management


and Impact

Disclosure and

Access to

Information

EIA Act Cap E12 LFN

2004

OS 1:

Environmental and

social assessment



and Impact

3.7 Disclosure Requirements

Disclosure of information will enhance governance and accountability

specifically with respect to strengthening of monitoring indicators to facilitate the

monitoring of compliance with the agreements and assess impact on outcomes.

The disclosure duration requirements of the Nigerian Federal Ministry of

Environment (FMEnv), the GCF and the AfDB are presented in Table 3.10.

Disclosure duration requirements for AFC and GCF’s Category B and AfDB’s

Category 2 projects are the same at 30 days which is longer than FMEnv. All sub-

projects to be funded by the Program therefore shall comply with the disclosure

requirements of 30 days.

Table 3.10. Disclosure requirements of the FMEnv, GCF, AFC and AfDB

Entity Project Type Project

Category Disclosure documents

Disclosure

Requirements*

FMEnv Public and

Private sector

Category 1 &

2 ESIA 21

GCF n/a Category A ESIA / ESMP 120

n/a Category B ESIA/ESMP 30

AFC n/a Category A ESIA/ESMP 120

n/a Category B ESIA/ESMP 30


Page 52 of 218

AfDB

Public Sector

Category 1 ESM/ESMP, ARAP or FRAP 120

Category 2 ESMP 30

Private Sector

Category 1 ESM/ESMP, FRAP 60

Category 2 ESMP 30

Note that the disclosure requirements for E & S documentation related to Financial Intermediaries is

not included in the table, because none of the sub-projects associated with the Nigerian Solar IPP

program will be managed by an FI.


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4 ENVIRONMENTAL AND SOCIAL BASELINE INFORMATION

4.1 Energy Distribution and Access Nigeria faces significant challenges in energy access. At present, 80 million

people lack access to grid electricity, with the national electrification rate at 58

percent and only 41 percent in rural areas. The majority of the unserved people

live in rural areas and rely on candles and flashlights for lighting. To achieve

universal access to electricity by 2030, Nigeria would need to connect between

500,000 to 800,000 households per year and add around 25 GW to its actual

operating capacity.

The provision of regular, affordable and efficient electricity is crucial for the

growth, prosperity, national security as well as the rapid industrialization of any

society. However, the current status of electricity generation in Nigeria with

regards to its population is grossly inadequate. With an estimated 50% of Nigeria’s

population living without grid connected electricity, this issue has been identified

as the underlying challenge hampering economic development and

productivity in Nigeria.

Nigeria is the largest economy in sub-Saharan Africa, but limitations in the power

sector constrain growth. Nigeria is endowed with large oil, gas, hydro and solar

resource, and it already has the potential to generate 12,522 megawatts (MW) of

electric power from existing plants (10,142 MW from thermal plants and 2,380 MW

from hydro), but most days is only able to generate around 4,000 MW, which is

insufficient. Nigeria has privatized its distribution companies, so there is a wide

range of tariffs. Current access rate in Nigeria is 45% with 36% in the rural areas

and 55% in the urban areas11.

In response to the challenges of the power sector and to boost cleaner energy

production in line with the Paris agreement of the UNFCCC, Nigerian Government

has given licences to 14 Solar IPP sub-projects which aims to contribute over

1,000MW to the national grid.

The AFC and AfDB in a bid to encourage clean energy production are

considering giving support to some of these sub-projects to help them see the

light of the day.

11 https://www.usaid.gov/sites/default/files/documents/1860/Nigeria_-_November_2018_ Country_Fact_Sheet.pdf

https://www.usaid.gov/sites/default/files/documents/1860/Nigeria_-_November_2018_


Page 54 of 218

4.2 Physical Environment

Random baseline information was taken from across the sub-projects. The

biophysical environment of the areas where the sub-projects being considered

for the Program are mainly situated in Northern Nigeria. The Federal Republic of

Nigeria is a country located in West Africa on Latitudes 4000N and 14000N and

longitudes 2050’E and 14045’E. The country is bordered to its North by Niger

Republic for up to 1,497km, bordered to the Northeast by Lake Chad while the

border at the south is to the Gulf of Guinea and Republic of Benin to the West, as

well as Cameroon to its east. Nigeria is divided into six geopolitical zones with the

North having three zones and the south having three zones.

4.2.1 Climate

Nigeria in general has hot climate throughout the year with slight difference

between summer and winter. The climate of Nigeria is usually characterized into

2 seasons – the Wet and Dry. The wet season (summer) is normally from April to

October while the dry season (winter) is from November to March. The climate in

Northern Nigeria varies from arid in the far North to tropical in the central. Climatic

elements in the Northern part of Nigeria are summarised below in relation to:

• Temperature and Relative Humidity;

• Rainfall; and

• Wind.

Temperature and Relative Humidity

Generally, the area has an erratic climate characterized by wide and rapid

changes in the temperatures and humidity. The arid regions like Sokoto and Borno

States experience maximum degrees of temperature and Relative Humidity. The

Relative Humidity sometimes approaches 90 per cent in this semi-arid area while

daily mean maximum and minimum temperatures are 330C and 31.50C

respectively and can rise to 40.00C in the far north. But the mean daily

temperature can be as low as 100C in Places like Plateau and Taraba States and

slightly higher in other areas during the months of December and January when

the cold dry harmattan wind blows from Sahara Desert.

Rainfall

The year is characterized by well-marked dry and wet seasons. The raining season

starts in May but early rains in April are not unusual. With the incidence of climate

change, it is also not uncommon to find rainfall earlier than April in places around


Page 55 of 218

the North Central region like FCT, Kogi, Benue and Nasarawa States. The bulk of

the rainfall comes in June through September and recently October. Violent dust

storms, followed by tornadoes and lightening, usually herald the onset of the rains

in May and then retreat in September or early October. The total annual rainfall

ranges from 635 to 890mm.

Great variation occurs in the annual total rainfall and may result in severe and

prolonged droughts, which cause crops failures and the death of livestock most

especially in the far North like Sokoto, Yobe, Borno and Katsina states.

Wind

Two Principal wind currents affects Nigeria. The South westerlies dominates the

wet season and moves into the country from the Atlantic Ocean. The location of

Northern Nigeria in relation to distance from the Atlantic Ocean is partly

responsible for the delay till April/May the beginning of wet season in Northern

Nigeria. North Easterlies from Sahara Desert dominates the dry season.

4.2.2 Air Emissions and Noise

Generally, air quality is a function of activities taking place at different areas at

different time. Industrial areas and traffic intersections are expected to face more

pollution than residential areas. Ambient air quality of the Nova Scotia Power

Development Ltd site in Jigawa state was reported to be was good based on

assessment as all parameters measured were within the FMEnv permissible limits

and guideline values recommended by World Health Organization (WHO).

Ambient noise levels within the area ranged between 45.5 - 66.1 dB (A) with a

mean value of 51.69 dB (A). These levels were also within FMENV permissible noise

levels and WHO guideline value.

Air Quality Assessment at Anjeed Kafanchan Solar Project in Kaduna State also

indicates that the ambient air quality in the study area for both dry and wet

seasons were good as all parameters measured were within the FMEnv and WHO

acceptable limits. Ambient noise levels recorded within the sub-project area

ranged between 39.2 – 65.8 dB (A) with a mean value of 48.4 dB (A).

The concentrations of air quality parameters recorded around the Pan Africa

Solar site in Katsina state were compared with the Nigerian Ambient Air Quality

Standards (NAAQS) and the WHO Air Quality Guidelines. Results from the ambient

air tests indicate that the sub-project area could be said to be good in terms of

Total Suspended Particles (TSP) concentration during the wet season, and the low

SO2 concentrations recorded across the sub-project site was indicative of an


Page 56 of 218

unpolluted environment. The TSP values reported in the study area during the dry

season survey ranged from 0.05 mg/m3 to 0.52 mg/m3. This maximum TSP value

was found to be above the FMEnv prescribed limit for TSP in ambient air (0.25

mg/m3). This could be attributed to the intense dusty-dry harmattan winds that

predominate in the study area during the dry season. The ambient noise level

reported in the study area during the dry season ranged from ranged from 55.3

to 69.7 dBA, below the FMEnv limit of 90 dBA.

Table 4.1. FMEnv and WHO Ambient Air Quality Standards and Guidelines

Parameter

FMENV WHO

Limit Time of

Average

Guideline

Value

Averaging Period/Time

Base

CO 10 ppm

11.4 μg/m3 1 - hour 25 ppm 1 – hour

NO2 0.04 – 0.06 ppm

75.0 – 113 μg/m3 1 – hour 200μg/m3 1 - hour

SO2 0.01 ppm

26 μg/m3 1 - hour

0.175 ppm

500 μg/m3 10mins

CO2 - -

H2S 0.008 mg/m3 30 mins 7 μg/m3 30 mins

PM 250 μg/m3 1 - hour 20 μg/m3 Annual

50 μg/m3 24 - hour

Source: Guidelines and Standards for Environmental Pollution Control in Nigeria (FEPA 1991); Air Quality Guidelines (WHO,

2005)

Table 4.2. FMEnv and WHO Noise Level Standards and Guidelines.

Parameter

FMENV WHO

Limit Time of Average Guideline Value Averaging

Period/Time Base

Industrial

Area 90dB(A) 8 hour 70 dB(A) 24 hours

Residential

Area - 55 dB(A) 16 hours

Source: Guidelines and Standards for Environmental Pollution Control in Nigeria (FEPA 1991); Air Quality Guidelines (WHO,

2005)

4.2.3 Soil and Landscape

The broad pattern of soil distribution in Northern Nigeria reflects the climatic

condition and geological structure. The soil is light or moderately leached,


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yellowish brown and sandy. The difference in colour relates to the extent of

leaching the soil has undergone. The landscape of Northern Nigeria is

characterised by highlands and lowlands. The eastern border with Republic of

Cameroon is lined by an almost continuous range of mountains which rises to

about 2,419m at Chappal Waddi, Taraba State. The highland in the Northern part

of Nigeria is also prominent in Plateau state and Adamawa while the lowlands

are predominantly within the Sokoto basin and Chad basin.

4.2.4 Geology

The geology of Northern Nigeria, as extracted from Kogbe (1989), is made up of

three main rock groups: mainly Precambrian basement crystalline metamorphic-

igneous-volcanic rocks; Mesozoic to Tertiary sediments, granites and volcanics;

and Quaternary alluvial deposits.

Quaternary Alluvial Deposits

Quaternary to Recent age alluvial deposits occur along the main river valleys.

These deposits range from thin discontinuous sands to thick alluvial deposits up to

15 km wide and 15 to 30 m thick along the Niger and Benue rivers. The alluvial

deposits include gravel, coarse and fine sand, silt and clay. Thin deposits of

unconsolidated and mixed sands and gravels occur along the courses of

ephemeral fadamas in northern Nigeria.

Mesozoic to tertiary rocks

Tertiary age olivine basalts, trachytes, rhyolites and tuffs, overlying or interbedded

with coarse grained alluvial sediments, occur in the Jos Plateau and adjacent

plateau areas. The surfaces of these volcanic lava flows have been weathered

to form succession of laterite palaeosols on the Jos Plateau related to the uplift of

the plateau.

The Mesozoic and Tertiary strata, of the Sokoto part of the Iullemmeden Basin in

NW Nigeria, comprise interbedded sandstones, clays, and limestones that dip to

the north-west. These formations are capped by laterite. The sedimentary

sequence includes the late Jurassic to early Cretaceous Illo and Gundumi

Formations, the Maastrichtian Rima Group, the late Paleocene Sokoto Group and

the Eocene-Miocene Gwandu Formation. These were deposited during a series

of overlapping marine transgressions. Over 1250m of sediments occur in the

down-warped Sokoto Basin, unconformably overlying Precambrian Basement

rocks. Quaternary age alluvial deposits occur along the course of the River

Sokoto.


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In the Chad Basin of NE Nigeria, Cretaceous sediments include the Albian-

Cenomanian Bima Sandstone Formation continental poorly sorted and thickly

bedded feldspathic sandstones and conglomerates to fluviatile and deltaic

sediments. The early Turonian age Gongila Formation, up to 500m thick, includes

marine limestones, sandstones and shales.

The Senonian-Maastrichtian age Fika shale Formation, 100 to 500 m thick, consists

of gypsiferous shales and limestone of marine and continental origin. The

Maastrichtian age Gombe Sandstone Formation consists of estuarine and deltaic

sediments, deposited upon marine shales with sandstone/shale intercalations. The

lower deposits of siltstone, mudstone and ironstone are overlain by well-bedded

sandstones and siltstones. The upper formation contains coals and cross-bedded

sandstones. The Cretaceous ended with a period of uplift and erosion.

The Palaeocene age Kerri-Kerri Formation consists of lacustrine or fluvio-lacustrine

loosely cemented cross-bedded coarse- to fine-grained sandstones, with locally

occurring claystones, siltstones, ironstones, lignites and conglomerates. The Kerri-

Kerri Formation rests unconformably on the Gombe Sandstone Formation and

thickens towards the basin center where it is overlain by Chad Formation. The

Pleistocene age Chad Formation (up to 840m thick) consists of poorly sorted fine

to coarse-grained sand, with sandy clay, clay and diatomite.

Precambrian basement complex rocks

Precambrian Basement Complex rocks underlie three areas of Nigeria: North-

central area including the Jos Plateau; South-west area adjacent to Benin; and

south-east area adjacent to Cameroon. The rocks of the North-central area are

composed of gneisses, migmatites, granites, schists, phyllites and quartzites. The

narrow, tightly folded north-south trending schist belts of northwestern Nigeria

include igneous rocks, pelitic schists, phyllites and banded ironstones. The

migmatite-gneiss complex of amphibolites, diorites, gabbros, marbles and

pegmatites form a transition zone between the schist belt of NW Nigeria and the

granites of the Jos Plateau to the east. There, extensive Precambrian age Older

Granites crop out extensively. These have been intruded by Jurassic age Younger

Granites that for characteristic ring complex structures.

4.2.5 Hydrogeology

Regional hydrogeology: Northwestern Nigeria

In northwestern Nigeria, i.e. Sokoto Basin, up to 2000m of clastic sequences rest

upon the basement. Sequences of semi-consolidated gravels, sands, clay, some

limestone and ironstone are found. The analysis of pumping test data carried out


Page 59 of 218

in the shallow aquifer indicates transmissivity in the range of 200–5000 m2/d and

storage coefficients of 10−2 to 10−5 indicating semi-unconfined to confined

conditions. The yield of boreholes up to 20 m depth is generally >2 l/s. The

fluctuation of the water table in fadama (low lying) areas is about 2–3m

throughout the year. The water table is lowest in June and highest in September

at the end of the wet season. Precipitation in the area occurs within 3–5 months

giving short-lived, but strong, runoff.

Artesian aquifers occur at depth in the Gundumi Formation, the Rima Group, and

the Gwandu Formation. A perched groundwater body occurs locally at shallow

depth in the limestone of the Kalambaina Formation. This aquifer sustains

numerous dug wells, springs and ponds. Also, from hydrological data, it has been

estimated that the Rima River system between Sabon-Birni and Sokoto town loses

an average of 4 ×108m3/a. A part of this water may be evaporated while the

remaining infiltrates into the alluvium, and in turn recharges the aquifers.

Regional hydrogeology: Northeastern Nigeria

The Kerri-Kerri Formation crops out towards the western part of the northeastern

Nigeria. The arenaceous beds in this formation are coarse grained and highly

permeable, with little or no water at the top. This poor water occurrence is as a

result of the highly permeable nature of the sands, which makes it possible for the

infiltrating water to run through the aquifer very easily and rapidly to considerable

depths, except where clays, shale and silts are encountered (Offodile, 1972). This

explains the variable water-level in wells tapping this formation. It is also possible

that infiltrating water moves laterally to recharge the Lower Zone Aquifer of the

Chad Formation. This is a possibility in view of the fact that the Kerri-Kerri Formation

gently dips towards the northeast, and dovetails with the formation being a lateral

equivalent of the Lower Zone of the Chad Formation. Fairly good yields have

been obtained from deep boreholes tapping this formation.

Regional hydrogeology: the Middle Niger Basin and central Nigeria

The area of the Middle Niger Basin extends northwestwards along the River Niger

from the confluence with the River Benue River in Lokoja. Crystalline basement

rocks adjoin the area on all sides except to the southeast where it has a common

boundary with the Cretaceous sediments of the Lower Benue Basin. The Lower

Niger Basin area is drained by minor rivers flowing SW-NE, and N-S from the Kabba

and Jos Highlands, in the south and the north respectively. Additionally,

intercalated clay and shale layers may reduce the productivity of wells, if vertical

recharge plays a major role. The sandstones of the Lokoja Formation rest directly


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on the granitic to quartzitic basement rocks. The whole sequence consists of

pebbly, clayey grits and sandstones with a minimum thickness of 250 m. Due to

their higher hydraulic conductivity values, groundwater exploration tend to focus

on the Lokoja Formation.

The areas underlain by Basement Complex rocks in west-central Nigeria include

part of Niger, Kwara, Kaduna, Kogi, Benue and Plateau States. This is composed

mainly of granitic and migmatitic gneisses and granites. There are also extensive

areas of schists, phyllites occurring in Kaduna and Kwara states. Both the Older

and Younger Granites of these areas are poor aquifers. However, over most of

these areas occur thin, discontinuous mantle of weathered rocks or joint and

fracture systems in the unweathered basement provide secondary reservoir. The

decomposed mantle is sometimes too thin to harbor large quantities of water and

is usually clayey to be highly permeable. The crystalline basement of Nigeria

generally represents the deeper, fractured aquifer and is noted as a poor source

of ground water. This is partly overlain by a shallow, porous aquifer within the

lateritic soil cover. Streams and rivers rise quickly during and after precipitation

events, thus indicating a rather low storage capacity of the soil and underlying

rocks. From a borehole situated on the southern outskirts of Ilorin on a major

fracture in migmatitic granite, Offodile (1992) reports a yield of about 7.2 m3/h (2

l/s).Yields between 1–2 l/s are considered good, and yields are more commonly

below 1 l/s

4.3 Biological Environment

There are nine distinct ecological zones in Nigeria which can be streamlined into

five, namely (i) Sahel/Sudan Savanna, (ii) Guinea Savanna, (iii) Derived Savanna,

(iv) Lowland rainforest/montane forest and (v) Freshwater swamp

forest/mangrove forest and coastal vegetation (Figure 4.1).

Northern Nigeria is covered by Sahel, Sudan and Guinea savanna. The region is

characterized by relatively long dry season lasting 5-7months resulting in less

woody species compared to the Forest belt or even the Guinea Savannah. Thus

the regional vegetation is a mixture of grasses and low growing shrubs and trees.

The region is currently experiencing desert encroachment which is greatly

exacerbated by human activities such as over cultivation, overgrazing, etc. The

Sudan Savannah vegetation belt is found in the north-west, stretching from the

Sokoto plains in the west, through the northern sections of the central highland. It

spans almost the entire northern states bordering the Niger Republic and covers

over one quarter of Nigeria's total area.


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Figure 4.1. Map showing Different Vegetation Belt of Nigeria

4.3.1 Floral Characteristics

The terrestrial plant life in the Northern Nigeria is typically a mixture of herbaceous

flora especially of members of the grass family- the Poacea and low growing

woody species, with the herbaceous species being more abundant. Common

grasses are Satera pallid-fusca, Chloris gayana, Digitaria exiles and Eragrostis

atrovirens. Common woody species are Azadirachta indica, Acacia Senegal,

Vitellaria paradoxa-all trees of economic importance.

Some of the common flora species in Northern Nigeria (some of which are

expected in the sub-project sites) are listed in Table 4.3 below:

Table 4.3. Flora characteristics in Northern Nigeria

S/N FAMILY SPECIES

(Scientific Name) COMMON NAME TYPE

1 Asteraceae Centaureasenegalensis Centaurea (Kodebabi) Herb

2 Rubiaceae Borreriastachydea Borreria Herb

3 Poaceae Digitaria exiles White fonia/fonia millet Herb (Grass)

4 Liliaceae Chlorophytumlaxum Spider /airplane plant Herb


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S/N FAMILY SPECIES


5 Fabaceae Alysicarpus glumaceus Moneywort Herb

6 Poaceae Setaria pallid-fusca Cattail grass Herb (grass)

7 Fabaceae Zorniaglochidiata Zornia Herb

8 Poaceae Chloris gayana Rhodes grass Herb (grass)

9 Fabaceae Acacia albida Acacia (Gao in hausa) Tree

10 Poacea Cynodondactylon Bermuda grass Herb (grass)

11 Rubiaceae Borreriaverticellata Borreria Shrub

12 Asteraceae Vernoniabluemoides Vernonia Herb

13 Poaceae Digitaria debilis Digitaria Herb

14 Rubiaceae Mitracarpusscaber Mitracarpus Herb

15 Poaceae Dactyloctenium

aegyptium

Egyptian crowfoot

grass Herb (grass)

16 Bombaceaceae Adansonia digitata Boabab Tree

17 Burseraceae Commiphora

pedunculata Commiphora Shrubs

18 Commelinaceae Aervalanata Mountain knotgrass Herb

19 Lythraceae Lawsonia innermis Hina or Hina tree Shrub

20 Fabaceae Acacia sieberiana Gum Arabic Tree

21 Euphorbiaceae Croton lobatus Gaasayaa (Hausa) Herb

22 Malvaceae Sidacordifolia Country mallow or sida Shrub

23 Malvaceae Sidalinifolia Fanpetals or sida Shrub

24 Poaceae Urelytrum gigantium Quinine grass Herb (grass)

25 Balanitaceae Balanites aegyptiaca Desert date Tree

26 Ebanaceae Diospyrus mespiliformis African Ebony Tree

27 Araceae Stylochiton hypogeaus Stylochiton Herb

28 Rubiaceae Feretia apodanthera Kuru-kuru (Hausa) Shrub

29 Cyperaceae Kylingapumila Low spikesedge Herb

30 Cucurbitaceae Ptenolepis madrasa Herb (vine)

31 Poaceae Setaria barbata Indian bristlegrass Herb (grass)

32 Cyperaceae Cyprus dilates Herb(sedge)

33 Poaceae Eragrostisatrovirena Weeping lovegrass Herb (grass)

34 Poaceae Erogarastisgangetica Weeping lovegrass Herb (grass)

35 Poaceae Aristidamutabilis Aristida Herb (grass)

36 Poaceae Tripogonminimus Tripogon Herb (grass)

37 Asteraceae Biden bipinnatum Blackjack Herb

38 Fabaceae Senna obtusifolia

Chinese senna,

American siclepod Shrub

39 Asparagaceae Asparagus africanus Climbing asparagus

fern Shrub

40 Poaceae Andropogogayanus Rhodesian blue grass Herb (grass)

41 Poaceae Imperatacylinderica Cogon grass Herb (grass)

42 Acanthaceae Hypoethes cancellata Senegal basari Herb

43 Asclepiadaceae Leptadenia hastate Senegal balanta Shrub

44 Convolvulaceae Ipomoea asarifolia Morning glory Herb (vine)


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S/N FAMILY SPECIES


45 Fabaceae Senna sieberina Senna Tree

46 Euphorbiaceae Phyllanthus amarus Stone breaker Herb

47 Solanaceae Physalis peruviana Golden berry Herb

48 Moraceae Ficus ingens Fig tree Tree

49 Fabaceae Senna sinqueana Senna Tree

50 Poaceae Eleusine indica Wiregrass Herb(grass)

51 Poaceae Sporobolus pyramidalis Giant rat’s tailgrass Herb (grass)

52 Fabaceae:P Desmodium tortosum Desmodium Herb

53 Fabaceae Eriosema psoraloides Canary pea Herb

54 Fabaceae Acacia seiberiana Paperback

thorn/acacia Tree

55 Fabaceae Indigofera nummalarifolia Indigofera Herb

56 Euphorbiaceae Phyllanthus niruri Stonebreaker Herb

57 Malvaceae Waltheria indica Sleeping morning Herb

58 Fabaceae Aeschynomene uniflora Budda pea Herb

59 Euphorbiaceae Chrozophorasenegalensis Baurenkiyeshi(Hausa) Herb

60 Fabaceae Indigofera arecta Indigofera Shrub

61 Fabaceae Crotolariaretusa Brown hemp Shrub

62 Fabaceae:P Sesbaniasesban Egyptian pea Shrub

63 Asteraceae Sclerocarpus africanus African Bonebract Herb

64 Asteraceae Blumeaaurita Awka (Ibo) Herb

65 Asteraceae Conyza aegyptiaca Horseweed Herb

66 Asteraceae Ageratum conyzoides Chickweed Herb

67 Fabaceae Indigofera numlarfiolia Indigofera Herb

68 Portulaceae Portulaca oleraceae Pigweed or Red root Herb

69 Asteraceae Emilia pratermissa Mende (Seirraleone) Herb

70 Asteraceae Bidens pilosa Blackjack Herb

71 Asteraceae Cosmos sulphureus Yellow cosmos Shrub

72 Solanaceae Scopariadulcis Goatweed Herb

73 Commmeliaceae Commelina africana Spiderwort Herb

74 Companulaceae Cephalostigma thonnigii - Herb

75 Fabaceae:P Stylosanthes arecta Penicil flower Herb

76 Malvaceae Urena lobota Congo Jute Shrub

77 Euphorbiaceae Bridellia ferruginea Burburumhi (Fulani) Shrub

78 Asteraceae Porpyrostema angostifolius - Shrub

79 Fabaceae Crotolaria lachnosema Rattle pod Herb

80 Poaceae Sacciolepis africanus Cupscale grass Herb (grass)

81 Convulvolaceae Ipomoea aquatica Water spinach Herb

82 Fabaceae Piliostigma thonningii Monkey bread Shrub

83 Malvaceae Hibiscus asper Hibiscus Herb

84 Cyperaceae Mariscus alternifolius - Herb(Sedge)

85 Asteraceae Vernonia ambigua Ironweed Herb

86 Xyridaceae Xyris straminea Yellow eyed grass Herb


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S/N FAMILY SPECIES


87 Asteraceae Acanthospermum

hispidium Goat’s head Herb

88 Lamiaceae Leucas martinensis Wild tea bush Shrub

89 Malvaceae Hibiscus suratensis Hibiscus Herb

90 Verbanaceae Clerodendron capitatum Diola (Senegal) Shrub

91 Amaranthaceae Achyranthes aspera Devil’s horsewhip Herb

92 Tiliaceae Melochia corchorifolia Chocolate weed Shrub

93 Fabaceae Senna mimesoides Senna Herb

94 Fabaceae Tamarindus indica Tamarind Tree

95 Fabaceae Indigofera secondiflora Indigofera Herb

96 Arecaceae Phoenix dactylifera Date palm Tree

97 Apocynaceae Plumeriarubra Temple tree Tree

98 Asteraceae Eclipta alba False daisy Herb

99 Caparaceae Caparis tomentosa Woolly Caper bush Shrub

100 Rubiaceae Oldenlandia herbacea Chay root Herb

101 Liliaceae Gloriosa superb Flamelily Herb

102 Combretaceae Guiera senegalensis Moshi medicine Shrub

103 Fabaceae Crotolaria falcate Smooth rattlebox Shrub

104 Fabaceae Indigoferalinearifolia Indigofera Shrub

105 Anacardaceae Sclerocarybirrea Marula Tree

106 Scruphulariaceae Striga asiatica Witchweed Herb

107 Poaceae Axonophus smithii Wheat grass Herb (grass)

108 Rubiaceae Borreria octodon Borreria Herb

109 Fabaceae Tephrosia linearifolia Felatsifotra Herb

110 Poaceae Eragorastic tenella Weeping lovegrass Herb (grass)

111 Meliaceae Azadirachta indica Neem Tree

112 Commmeliaceae Commelina difusa Climbing day flower or

spreading day flower Herb

113 Poaceae Cenchros biflorus Indian sandbur Herb (grass)

114 Fabaceae Crotalaria senegalensis - Herb

115 Sterculiaceae Sterculia setigera Karaya gum tree Tree

116 Fabaceae Zornia latifolia Maconhabrava Herb

117 Amaranthaceae Gomphrena celosiodes Gomphrena weed Herb

118 Fabaceae Senna hirsute Senna Herb

119 Apocynaceae Calotropisprocera Sodom’s apple

milkweed Shrub

120 Poaceae Pennisetum pedicellata Desho or desho grass Herb (grass)

121 Capparidaceae Capparis polymorpha Kauk-kweza

(Myanmar) Shrub

122 Malvacea Hibiscus linearifolia Hibiscus Herb

123 Fabaceae Parkia biglobosa Locust bean tree Tree

124 Poaceae Rottoboellia exaltata Itchgrass Herb (grass)

125 Sapotacea Vitellariaparadoxa Shea butter tree Tree


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4.3.2 Fauna Characteristics

There are about 22,000 vertebrates and invertebrates species, including about

20,000 insects, 1,000 birds, 1,000 fishes, 123 reptiles and 247 mammals, With 23

species in 13 genera, Nigeria ranks eighth in the world, in terms of primate diversity,

About 1,489 species of microorganisms have also been identified.

One hundred and forty-six species on the IUCN list of threatened species are

found in Nigeria out of which 18 falls under the category ‘endangered’ and 15

under the category ‘critically endangered’.

Apart from Cross River National Park, there is no place in Nigeria that primary

forests of five layer forest strata could be observed any longer. The implication of

this is that animals that are dependent on these different layers had been greatly

reduced. Birds such as eagles, kites, parrots and ravens that construct their nests

at the uppermost layer can no more use the layer which means that in no

distance time these birds will go into extinction. Large mammals such as

elephant, chimpanzee, gorilla etc., require a wider home range but as a result of

habitat fragmentation their home range has been restricted thereby exposing

them to danger of extinction.

Typical examples of faunal species which may be encountered at the Nigerian

IPP sub-project sites are presented in Table 4.4 (invertebrates) and Table 4.5

(vertebrates).

Table 4.4. Classification of Fauna Species (Invertebrate)

S/N Phylum Class FAMILY SCIENTIFIC NAME COMMON NAME

1 Arthropoda Insecta Drosophilidae Drosophila sp. Fruit flies

2 Arthropoda Insecta Aerididae Ornithocris

magnifica

Cricket

3 Arthropoda Insecta Gryllidae Gryllopsis nerabillis Ground cricket

4 Arthropoda Insecta Pyrgomorphidae Gastromagus

africana

Brown grasshopper

5 Arthropoda Insecta Pyrgomorphidae Zonocerus

variegatus

Variegated

grasshopper

6 Arthropoda Insecta Termitoidae Cryptotermes sp. Drywood termite

7 Arthropoda Insecta Libellulidae Grachythemis

leuconeura

Groundlings dragon

fly

8 Arthropoda Insecta Lygaeidae Leptocoris

graseiveripis

Soapberry bug

9 Arthropoda Insecta Lygaeidae Oncopeltus

famelucus

Milkweed bug


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S/N Phylum Class FAMILY SCIENTIFIC NAME COMMON NAME

10 Arthropoda Insecta Coreidae Cletus notatus Plainfin midshipman

11 Arthropoda Insecta Trogidae Dermestes sp. Hide beetle

12 Arthropoda Insecta Scarabaeidae Anachalcos sp. Dung beetle

13 Arthropoda Insecta Erebidae Diacrisia maculosa Moths

14 Arthropoda Insecta Noctuidae Agrotis spinifera African moth

15 Arthropoda Insecta Charaxidae Charaxes leadice Charaxes butterflies

16 Arthropoda Insecta Nymphalidae Charaxes varanes Brushfoots, butterflies

etc

17 Arthropoda Insecta Nymphalidae Amauris niavius Common friar

18 Arthropoda Insecta Pieridae Acraea eponina Orange acraea

butterfly

19 Arthropoda Insecta Pieridae Catopsilia florella White butterfly

20 Mollusca Gastropoda Achatinidae Limicolaria

flammea

Garden snail

21 Arthropoda Insecta Culicidae Aedes sp. Aedes mosquito

22 Arthropoda Arachnida Trombidiidae Trombidium sp. Red velvet soil mite

23 Arthropoda Arachnida Scorpionidae Pandinus sp. Black scorpion

24 Arthropoda Arachnida Buthidae Tityus sp. Reddish-brown

scorpion

25 Arthropoda Insecta Gerridae Aquarius paludum Pond skater,

waterbugs etc

26 Arthropoda Insecta Nepidae Nepa cinerea Water scorpion

Source: (ESIA NSPDL, 2015)

Table 4.5. Classification of Fauna Species (Vertebrates)

S/N PHYLUM CLASS FAMILY

Scientific name COMMON NAME

AMPHIBIANS

1 Chordata Amphibian Rhacopheridae Hyperolius sp. Frogs

2 Chordata Amphibian Hyperoliidae Afrixalus sp. Morere’s banana

frog

3 Chordata Amphibian Bufonidae Bufo regularis Toad

4 Chordata Amphibian Ranidae Dicroglossus

occipitalis

African Bullfrog

5 Chordata Amphibian Pipidae Xenopus sp. Clawed frog

REPTILES

6 Chordata Reptila Colubridae Natrix sp. Brown water

snake

7 Chordata Reptila Elapidae Naja melanoleuca Black cobra

8 Chordata Reptila Elapidae Dendraspis sp. Green mamba

9 Chordata Reptila Viperidae Bitis arientans Puff adder

10 Chordata Reptila Varanidae Varanus niloticus Nile monitor lizard


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11 Chordata Reptila Varanidae V. exanthamaticus Borsch monitor

lizard

12 Chordata Reptila Agamidae Agama sakaranica Senegal agama

13 Chordata Reptila Agamidae Agama agama Rainbow lizard

14 Chordata Reptila Scincidae Mabuya sp. Mabuya skink

15 Chordata Reptila Scincidae Scincopus fasciatus Banded skink

16 Chordata Reptila Chamaeleonidae Chamaeleo basiliscus Chameleon

17 Chordata Reptila Testudinidae Trionix sp. Soft-shelled turtle

20 Chordata Reptila Centrochelys sp. African spur

toitoise

BIRDS (AVES)

21 Chordata Aves Musophagidae Crinifer piscator Grey Plantain

eater

22 Chordata Aves Ardeidae Ardea sp. Heron

23 Chordata Aves Laniidae Corvinella sp. Shrikes

24 Chordata Aves Laniidae(shrikes) Eurocephalus sp.

25 Chordata Aves Laniidae(shrikes) Lanius sp.

26 Chordata Aves Phasianidae Francolinus

bicalcaratus

Bush fowl

27 Chordata Aves Phasianidae Ptilopachus petrosus Stone partridge

28 Chordata Aves Falconidae Milvus migrans Black Kite

29 Chordata Aves Accipitridae Kaupifalco

monogrammicus

Lizard buzzard

30 Chordata Aves Accipitridae Elanus caerulus Black-

Shouldered Kite

31 Chordata Aves Ardeidae Cattle Egret Bulbul

cusibis

Cow crane, cow

bird

32 Chordata Aves Columbidae Columba guinea Speckled Pigeon

33 Chordata Aves Columbidae Streptopelia

semitorquata

Red-eyed Dove


decipiens

Mourning Dove


senegalensis

Laughing Dove

36 Chordata Aves Coraciidae Coracias abyssinicus Abyssinian Roller

37 Chordata Aves Apodidae Apus apus Common Swift

38 Chordata Aves Ploceidae Ploceus nigricollis Black-necked

Weaver

39 Chordata Aves Ploceidae Ploceus cuculatus Village Weaver

40 Chordata Aves Ploceidae Euplectes sp. Northern Red

Bishop

41 Chordata Aves Strigidae Ptilopsis leucotis White-faced owl

42 Chordata Aves Cuculidae Centropus

senegalensis

Senegal Coucal


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43 Chordata Aves Psittacidae Poicephalus

senegalus

Senegal parrot

MAMMALS

44 Chordata Mammalia Sciuridae Xerus erythropus Striped ground

squirrel

45 Chordata Mammalia Muridae Mus sp. Rats

46 Chordata Mammalia Nesomyidae Cricetomys

gambianus

Gambian

pouched rat

47 Chordata Mammalia Eranaceidae Atelerix sp. Hedgehog

48 Chordata Mammalia Bovidae Modoqua sp. Dik-dik

Source: (ESIA NSPDL, 2015)

4.3.3 Endangered and Critically endangered Species in Nigeria

The most endangered or critically endangered floral and faunal species across

Nigeria are presented in Table 4.6.

Table 4.6. Critically Endangered and Endangered Species across Nigeria

Flora or

Fauna Critically Endangered and typical location Endangered and typical location

Flora

Abura (Hallea ledermannii) Niger delta

Iroko (militia excelsia) some parts of southwest, and

Niger delta

Obeche (Triplochiton scleroxylon) some parts of east,

south south and west

Mahogany (Swietenia spp) skirmishes in parts of cross

river and Ondo

Baobab (Adansonia digitata) parts of north and

middle belt

All timber species can be classified

endangered owing to rate of

deforestation, urbanisation and

population explosion as against

afforestation.

Fauna

African elephants (Loxodonta africans) parts of cross

river, Osun-Ondo range

Chimpanzee(Pan troglodytes) cross river

Guenon (Cercopithecus erythrogaster) okomu Edo

Gorilla (Gorilla gorilla) cross river

Drills (Mandrillus leucophaeus) cross river

Pangolin (Manis species) parts of south south and west

Most primates, rodents, reptilians

and avians as listed on that list are

endangered but enjoys different

levels of listings in the CITES

Appendices

It is expected that as part of the ESDD process for the sub-projects selected for

the Program, a detailed assessment will be undertaken to identify specific flora

and faunal species which are endangered or critically endangered.


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4.3.4 Protected Areas

Across Nigeria, there are at least 23,608.34km2 (or 2,360,800hectares) of land that

are designated by national authorities as scientific reserves with limited public

access, national parks, natural monuments, nature reserves or wildlife sanctuaries,

protected landscapes, and areas managed mainly for sustainable use.

Project areas across Nigeria, some of which may be in the wider area of influence

of some of the sub-project locations is presented in Table 4.7 below.

Table 4.7. Protected Areas in Northern Nigeria

Name State Area (sq/km)

Sambisa Borno 517

Pai River Plateau 2714

Wase Game Sanctuary Plateau 1865

Wase Rock Plateau 0.94

Pandam Wildlife Park Plateau 362.4

Falgore (Kogin Kano) Kano 920

Kwaiambana Sokoto 2613

Alawa Niger 296

Dagida Niger 294

Baturiya Kano 43

Yankari Bauchi 2240

Kainji Lake National Kwara/Niger 5341

Gashaka Gumti National Park Adamawa/Taraba 6,402

4.3.5 Key Ecological Problems

Commencement and operations of developmental projects often result in the

direct removal or disturbance of plants, animal and habitat communities.

Ecological problems in Nigeria most especially Northern Nigeria which has led to

scarcity, threat and extinction or migration of plant and animals varies from

location to location. Generally, in Northern Nigeria, deforestation, overgrazing,

drought and desertification as well as yearly flooding are major ecological

problems. Lack of succulent grasses for animals to feed in the North had and has

been forcing pastoralists to migrate southwards for grazing. This also often results

in farmer grazer conflicts.

Special attention will need to be given to these issues when designing and

implementing the E&S studies of the sub-projects.


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4.4 Socio-Economic Environment

4.4.1 Demographics

Nigeria is one of the most densely populated country in Africa with approximately

196 million people in 923,763km2, Nigeria is also the country with the largest

population in Africa with the seventh largest population in the world.

Approximately 50% of Nigerians are urban dwellers, with the rate of urbanization

being estimated at 4.3%. Nigeria is home to over 250 ethnic groups, with over 500

languages, and the variety of customs, and traditions among them gives the

country great cultural diversity. The three largest ethnic groups are the

Hausa/Fulani, Yoruba and Igbo. The Efik, Ibibio, Annang, and Ijaw constitute

other Southeastern populations. The Urhobo-Isoko, Edo and Itsekiri constitute

Nigerian's Midwest.

4.4.2 Population

Nigeria's population has been increasing rapidly for at least the last 5 decades,

due to very high birth rates, with the country quadrupling its population during this

time (Table 4.8). This represents an exponential growth rate. Growth rates were

most rapid in the 1980s, after child mortality had dropped rapidly, and has slowed

slightly since then as the birth rate has declined slightly. According to the 2017

revision of the World Population Prospects the total population was 185,989,640 in

2016, compared to only 30,403,305 in 1952. The proportion of children under the

age of 15 in 2010 was 44.0%, 53.2% was between 15 and 65 years of age, while

2.7% was 65 years or older. There is a large population momentum, with 3.2

percent growth rate leading to the projected population.

Table 4.8. Historical population growth rates in Nigeria

Year Population ±% p.a.

1952 30,403,305 -

1963 54,959,426 +5.53%

1991 88,992,220 +1.74%

2006 140,431,790 +3.09%

2011 162,471,000 +2.96%

2013 174,507,539 +3.64%

2015 182,202,000 +2.18%

2017 191,836,000 +2.61%

https://en.wikipedia.org/wiki/Nigeria

https://en.wikipedia.org/wiki/Efik_people

https://en.wikipedia.org/wiki/Ibibio_people

https://en.wikipedia.org/wiki/Annang

https://en.wikipedia.org/wiki/Ijaw_people

https://en.wikipedia.org/wiki/Urhobo-Isoko

https://en.wikipedia.org/wiki/Edo_people

https://en.wikipedia.org/wiki/Itsekiri_people

https://en.wikipedia.org/wiki/Population_momentum


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4.4.3 Ethnic Groups and Religion

Nigeria has more than 250 ethnic groups, the larger of which are the Hausa and

Fulani who are predominantly in the Northern part of Nigeria and represent

approximately 29% of the population, the Yoruba, predominantly in the South

(South West) and represent approximately 21% of the population and the Igbo,

predominately in the East represent about 18% of the population. The other large

groups are the Ijaw with about 10% the Kanuri with about 4%, the Ibibio with about

3.5% and the TIV with about 2.5%. The Middle Belt region of Nigeria shows the

greatest degree of ethnic diversity, particularly in Adamawa, Taraba and Plateau

States. English is the official language while a clear majority of the population

conducts commercial activities in their ethnic language and “pidgin” English. The

literacy level of the population is 51.7% (male: 67.3%, female 47.3%).

Predominantly the people are Muslims (50%) and Christians (40%) with few

traditional religions (10%) (ESMF L-PRES, 2018)

There are no communities or ethnic minorities considered as “underserved” in

Nigeria. However minority tribes in Nigeria are mostly from Southern part of the

country with tribes like Itsekiri, ilaje, Ikale, Boki, Andoni, Ejagham taking the lead

while the notable ones in the North includes Kanuri, Bura, Chibok, Shua-Arab,

Karai, Bade, Kagoro, Bajju, Jaba, Berom, Angas and so on.

Closer to what can be referred to as minority ethnic group in Nigeria is the Fulani

tribe who are found in smaller groups across the country mainly because of their

nomadic nature but without any close attachments to ancestral territories and

natural resources in areas where they are found. They move round and settle for

short period of times. Their cattle grazing activities covers vast area within Nigeria

from North to South. With their widespread coverage, they are mostly regarded

as settlers in many places within Northern Nigeria and this have created a lot of

unrests. Such unrests have been witnessed in Benue State, Plateau State, Kaduna

State and Nasarawa State. Their economic status revolves mainly around their

cattle business and are usually prominent around cattle markets in the country.

4.4.4 Public Health

The inadequate programs designed to address the numerous health problems in

Nigeria have led to the little improvement in our health status. Besides the

continued neglect of the importance of addressing public health issues would

make matters worse for poor Nigerians most of who are at the receiving end. The

major public health challenges Nigeria faces are infectious diseases, control of

vector some diseases, maternal mortality, infant mortality, poor sanitation and


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hygiene, disease surveillance, non-communicable diseases and road traffic

injuries, etc.

A recent study into maternal and child care in Northern Nigeria concluded that

poor public health is further compounded by the fact that access to health care

in many parts of the North is a challenge. The lack of adequate health services in

Nigeria is chronic, coupled with healthcare facilities that lack basic essential

medicines. Additionally, the shortage of skilled health workers in the North and the

inaccessibility of healthcare facilities due to distance and poor road

networks have consequences, particularly for women and children.

The low availability, accessibility, and affordability, of health services are not the

only factors responsible for the poor health status of women and children in

northern Nigeria. Many normative practices persist in the North that do not

benefit the general well-being of women. For instance, as well as being

dependent for financial assistance, many women will require the permission of

their husbands, before they may be allowed to visit health clinics and facilities.

The prevalence of home deliveries and female genital mutilation, and low levels

of education and awareness among women about their own health all

contribute to the pervasiveness of poor health outcomes among women in

northern Nigeria. High maternal mortality and low education levels further serve

to trap women in low social and economic conditions, and limit their already

restricted access to quality healthcare services. As a result, the North-East region

of Nigeria has the highest maternal mortality rates in the country. Out of 100,000

live births, 1,549 mothers die in the North-East compared to 165 in the South-West.

4.4.5 Epidemic Diseases and HIV/AIDS

Epidemic diseases within Northern Nigeria includes Yellow Fever, Monkey Pox,

Lassa Fever, Hepatitis, Polio, Cholera, measles, guinea worm and cerebro-spinal

meningitis. These diseases have become endemic in parts of central and northern

Nigeria, taking turns between the country's two main seasons to ravage large

populations of people. During the rainy season, cholera is usually common across

several states in the north. According to IRIN report of 1999, states like Kano, Borno

and Katsina in Nigeria's northern fringe were badly affected while small outbreaks

were also reported in the North-Central states of Kaduna and Bauchi.

In Kano, Medecins Sans Frontieres has treated over 700 cases, with 60 people

dead in its treatment centres. In northern Nigeria the main cause of cholera is

shortage of drinking water, which forces a lot of people to resort to unwholesome

sources such as ponds and streams with faecal contamination. Equally water-

http://www.prrinn-mnch.org/documents/PRRINN-MNCHFinalReport2013.pdf

http://www.mcser.org/journal/index.php/mjss/article/view/7317

http://www.mcser.org/journal/index.php/mjss/article/view/7317

https://www.unicef.org/nigeria/ng_publications_advocacybrochure.pdf


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borne is guinea worm which, while not fatal like cholera, has a debilitating impact

on its victims.

Gombe State is one of those endemic areas where it will take extra efforts to curb

the menace. According to the IRIN report, 640 cases of guinea worm have been

reported in Gombe state. Health officials in Katsina State said over 5,000 people

had been infected by the worm, mainly in Matazu, Dutsin Ma and Rimi local

council areas, where the only source of domestic water were infected ponds and

streams. As soon as the rainy season is over in October measles and meningitis

sets in with dry season. The spread of which is usually accelerated by the dry,

North-Southerly harmattan winds from the Sahara Desert. Meningitis killed

relatively fewer people, mainly due to vaccination programmes implemented by

local health authorities and international aid agencies, measles have always took

a heavier toll.

Apart from these diseases, HIV is another issue but it has been relatively reduced

because of the great efforts of the government through the National Action

Committee on Aids which covers all the states of the Federation. That is not to say

that HIV infections are no longer found, they are still much found in Benue, Plateau

and Kaduna states.

4.4.6 Land Use and Tenure

Land use varies in Nigeria based on location and the need of the community.

Predominant land use in rural areas revolve around agriculture while urban areas

have more of residential, industrial and social uses. In terms of tenure, the Land

Use Decree of 1978 vests ownership of all land to the state through the office of

the governor. Land is to be held in trust and administered for the use and common

benefit of all Nigerians according to the provisions of the Act. By this legal

instrument, the state replaced the traditional institutions of traditional rulership and

chieftaincy in their roles as keepers of communal land. Control and management

of land in urban areas is the responsibility of the state governor, while all other

land (rural, public, etc.) is the responsibility of the Local Government of the area.

The governor is empowered to designate certain areas as urban land and to

grant statutory rights of occupancy of fixed periods and rights of access to any

person, subject to rental arrangements fixed by and payable to the state. The

local government can grant a customary right of occupancy to land in the local

government area (LGA) to any person or organization for agriculture, grazing,

residential or other purposes.

According to the existing national legislation in Nigeria (LUA 1978), the compulsory

land acquisition needs to follow the following steps:


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• The investor requests land from the State Governor, who in turn instructs the

Commissioner of Land to obtain the land through compulsory land

acquisition.

• The Commissioner of Land instructs the Surveyor General to demarcate the

land and conduct a land survey i.e. identifies the owner and establishes the

compensation entitled under the national legislation.

• After the Commissioner of Land has reviewed and approved the survey

results, the Director of Land issues a public announcement to the

concerned communities that invites all right holders to identify themselves

to the authorities.

• After the end of the public disclosure period a final survey is conducted to

confirm validate the findings of the land survey and/or register any

changes.

• After the survey results have been either accepted by the right holders or

confirmed by the Director of Lands, compensation is paid and the land

becomes the possession of the State government, which then in turn can

issue a certificate of occupancy to the investor.

4.4.7 Land Competition and Conflict between Farmers and Pastoralists

In Northern Nigeria, there is largely not much peaceful co-existence between

farmers and pastoralist because of resource scarcity s they both make their livings

from the same geographical conditions. Farmers-pastoralist conflicts have been

associated with the conflict of land resources. Nomadic pastoralists have no land

use rights and depend largely on the hospitality/generosity of their hosts. They

may have access to routes, corridors/passageways for wildlife and domestic

animals, indicating a desire by government to provide grazing land for both

nomadic and settled pastoralists. However, existing grazing reserves are only

rudimentary lacking any facilities. Thus, generally, nomads move to open pasture

to raise stock as well as avoid contact with agricultural communities.

The cattle movements avoid areas of tsetse fly infestation and other diseases and

follow the location of farming communities for crops residues and markets for their

products, thus trampling into the farm land. The increasing human population,

irrigation and expansion of town and villages accelerated the encroachment of

land cultivation and urbanization into grazing area and stock routes, leading to

competition for resources and create farmer/herder clashes which have resulted

in heavy losses in lives and properties. The local farmers claim that the Fulani’s

cattle frequently destroy their crops, resulting in conflict which is sometimes

violent.


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4.4.8 Cultural Heritage

Nigerian is a country endowed with a lot of cultural heritages sourced from its

multicultural communities. Globally the importance of heritages to countries and

even in developing nations like Nigeria cannot be over-emphasized. This is due to

its economic, historical, tourist, aesthetic, educational and research significance.

Tangible cultural heritages include man’s physical ingenious products which can

be touched and seen such as architecture/buildings, defensive walls and ditches,

crafts, tools, ivory, cowries, paintings, textiles, pestles, mortars, iron furnaces,

knives, food, wooden objects, tombs & grave goods, temples, dresses, pottery &

potsherd pavements, monuments, books, works of art among other artifacts.

Some Cultural Heritages of Nigeria includes:

A. Northern Nigeria

1. Annual Argungu festivals in Kebbi state.

2. Annual Sallah Durbar in Katsina State

3. Gidan Hausa in Kano state

4. Farribachama Annual festival of Adamawa state

B. Southern Nigeria

1. Eyo masquerade of Lagos state

2. The Bakor Yam festival in Cross River state and others

3. Osun – Oshogbo festival in Osun state

4. Imo Awka masquerade ceremony in Awka, Anambra state.

Other Nigerian cultural heritages were the blacksmithing industry, brass-casting,

bronze works and metal-working industries practiced across Nigeria, terracotta;

wood carvers constructed beautiful stools and doors, engravings on walls and

rocks etc.


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5 GENDER CONSIDERATIONS AND VULNERABLE GROUPS

5.1 Introduction Women and girls around the world must have equal rights and opportunity and

be able to live free of violence and discrimination. Women’s equality and

empowerment is one of the 17 Sustainable Development Goals which is also

integral to all dimensions of inclusive and sustainable development. In short, all

the SDGs depend on the achievement of Goal 5: Achieve gender equality and

empower all women and girls.

It is important to also note that Goal 7, Ensure access to affordable, reliable,

sustainable and modern energy for all, is a dimension which this solar IPP program

will embed within the gender domain. The UN Progress report12 notes that,

“globally, 85.3 per cent of the population had access to electricity in 2014, an

increase of only 0.3 percentage points since 2012. That means that 1.06 billion

people, predominantly rural dwellers, still function without electricity. Half of those

people live in sub-Saharan Africa”13

The United Nations’ gender equality goal requires urgent action to eliminate the

many root causes of discrimination that still curtail women’s rights in private and

public spheres by 2030. This is in the area of discriminatory laws, eliminating

gender-based violence, equal distribution of economic resources and sexual and

reproductive rights. In the 2017 Progress Report, the UN noted that “gender

inequality persists worldwide, depriving women and girls of their basic rights and

opportunities. Achieving gender equality and the empowerment of women and

girls will require more vigorous efforts, including legal frameworks, to counter

deeply rooted gender-based discrimination that often results from patriarchal

attitudes and related social norms”14

Finally, the UN reported that across countries, it is those women and girls who

experience multiple and intersecting forms of discrimination who are often the

furthest behind. To identify such inequalities among women and girls within

countries, the report undertakes analysis across a range of development

dimensions for four countries, finding that those who are deprived in one

dimension are likely to experience deprivations in other dimensions as well. For the

case of Nigeria, the report finds:

12 UN Progress report of 2017 13 UN Economic and Social Council (2017). Progress towards the Sustainable Development Goals: Report of the Secretary-General (E/2017/66). 14 UN Economic and Social Council (2017). Progress towards the Sustainable Development Goals: Report of the Secretary-General (E/2017/66).

http://undocs.org/E/2017/66





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• Education. Wealth is a driving force behind educational attainment: 13% of

women and girls from the richest households report completing six or less

years of education, while in the poorest households, 96.5% are education-

poor.

• Child marriage. A low-income, rural woman of Hausa ethnicity is eight times

as likely to be married before the age of 18 as a high-income, urban

woman of Yoruba ethnicity.

• Violence against women and girls. 23% of women have been victims of

physical or sexual violence by a previous husband and 17.3% by another

relative. Igbo women and girls are the likeliest to report being victims of

violence at the hands of a relative: 25.2%.

• Clustered deprivations. 15% of all women aged 18–49 (or 5.2 million women)

are simultaneously deprived in four SDG-related dimensions. These women

were not only married before the age of 18 and education poor, but they

also reported no agency in healthcare decisions and claimed to be

unemployed at the time of the survey.

The next section will provide further country and state local data demonstrating

the urgency in this social dimension.

5.2 Gender Issues

Nigeria is now ranked 125 out of 145 on the 2015 Gender Gap Index countries with

a score of 0.638. On the AfDB Gender Equality Index 2015, Nigeria is ranked 23rd

out of 52 countries. The AfDB Index reflects women’s status in three dimensions of

equality: economic opportunity, social development and law and institutions. The

ranking is based on a score of 0-100, with 100 representing perfect gender

equality. Nigeria’s overall score is 54.7%, it ranks 18th in economic opportunities,

and an unsatisfactory 32nd in human and social development and 30th in laws

and institutions.

Generally, women, compared to men, lack access to employment opportunities

because of low investment in their human capital, especially their low level of

education and lack of skills appropriate for formal labour employment. Women

therefore dominate small-scale commerce in food, textiles, household goods and

consumable. The few women employed in the formal labour market work within

an environment which is non-responsive to their gender needs, while they are also

discriminated against based on traditional gender-based division of labour which

made women responsible for child bearing and rearing roles, and the care of the

family as a whole. Therefore, the Nigerian labour market is characterised by

occupational sex segregation, gender based discriminatory labour laws, gender


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unfriendly work environment, gender-based labour abuse; and insensitivity of the

labour unions to gender-based abuses among others. A major policy goal is

therefore needed in sub-projects implementation to achieve equality and equity

in employment opportunities and eliminate all discriminatory and abusive

practices (on the grounds of sex, race, ethnicity, class, religion, age, disability, or

marital status) against the employment of women in the public and private

sectors of the economy

5.2.1 Gender issues in Northern Nigeria

Gender inequality remains a major barrier to human development. Girls and

women have made major strides since 1990, but they have not yet gained

gender equity. The disadvantages facing women and girls are a major source of

inequality. All too often, women and girls are discriminated against in health,

education, political representation, labour market, project developments etc.

with negative consequences for development of their capabilities and their

freedom of choice (UNDP Human Development Reports 2018). In Northern

Nigeria, girls and women are often secluded from the general public for religious

and cultural beliefs. This have very negative impacts on their self-esteem and

exposure to development. This can also been seen in the political participation of

women in Southern Nigeria and Northern Nigeria. In 2015, 8 women were elected

into the upper legislative chamber out of which only 1 comes from Northern

Nigeria with the remaining 7 from Southern Nigeria. This further underscores the

level of gender inequality in the nation as a whole.

The position of women in Africa had been seen from the perspective of a second-

class citizen to men. They are viewed as those who look after the homes, bear

and rear children for the men. According to William (1990:134), women are

preoccupied with looking after the homes, men and the children. In his views,

Read (1996:19) he wrote that women are female human being, mistress and

servants who does the domestic chores (cleaning and cooking).

Nigeria still ranked very low in the Gender Equality Index and Gender

Development index of the United Nations Human Development Report of 2018.

Women are still shuffled to the back when it comes to decision making most

importantly regarding developments. In Northern Nigeria, discussions on project

developments are limited to males because of religious and cultural beliefs.

The economic position of women had been well documented by Aderemi

(1997:211). He stated that women wield substantial economic power integrated

into the macro and micro economy. He further stressed that women control the


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bulk of local and long-distance trade, dominate the food processing and

cottage industries, and participate actively in agriculture and health care.

It had also been stressed that women are home makers and are known to be

able to cope with jobs that are repetitive in nature such as agriculture, cooking

and other skilled vocational occupations. The World Bank (2004) year book

revealed startling reports about women thus:

• Women constitute about 50% of world population. NPC (1991) puts Nigerian

male: Female as 44,544531 and 43,969,970. Women comprise 75% of the

world’s illiterate people. (This may be higher in Africa)

• Women head up to 30% of world’s household

• Women produce about 50% of the world’s food

• Women received only 1/10 of the world’s total income

• Women own less than 1/100 of the world’s real properties

These theoretical and empirical positions about women points to the fact that for

any functional and sustainable plan of actions for national development, it should

put into serious consideration the women populace.

5.2.2 Impediments to the Girl-Child Education in Northern Nigeria

A number of factors and practices affect the girl-child education in northern

Nigeria. These include poverty/child labour, illiteracy/ignorance, easily marriage

Islamic religious practices and social stratification/family background. Socio-

cultural value, peer influence etc.

These factors which could be encountered in the sub-project areas of the Solar

IPP program are summarized in the Table belowbelow.

Table 5.1. Impediments to the Girl Child Education in Northern Nigeria

Socio-economic

factors Description

Early Marriage

Most girls within the age bracket of 12 – 15 years are contracted or conscripted

into marriage without prejudice to the health and socio-psychological hazards

involved. The parents due to poverty are left with no option than to resolve to

faith. Such females are completely denied access to educational

opportunities.

Poverty /Child

Labour

It is common practices to see girls of school age hawking various article of

trade in urban and rural area in Northern Nigeria. This situation had been

blamed exclusively on the unacceptable poverty level in Nigeria

Illiteracy/Ignorance

Closely related to poverty and child labour is ignorance and illiteracy. The

value of education had not been fully acknowledged by most parents in

Northern Nigeria particularly those that reside in the remote villages.


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Islamic Religious

Practices

The Northern Nigeria is predominantly secular. The Islamic moral tenants based

on chastity discourage fornication. Based on this belief most parents

encourage their females to marry at the expense of formal schooling.

Socio-Cultural

Values

The socio-cultural set up in most part of the Northern Nigeria encourages the

education of males in favour of the female who are expected to perform

various domestic chores at home.

Peer-Group

Influence

Due to peer group influence most parents and their female children tend to

borrow/adopt obnoxious practices detrimental to girl-child education. They

would not want to be branded exception to societal practices.

Family

Background/Social

Stratification

The social background and family structure of the girl-child to a large extent

depend on their chances of enrolment to formal education. Enlightened

parents or families in Northern Nigeria do not discriminate against female

education.

Based on these, there should be planned Gender Assessment and Development

under the sub-projects, which will help analyze gender issues during the

preparation stage of sub-project and design interventions. At the sub-project

level, gender analysis should be part of the social assessment and the analysis will

be based on findings from gender specific queries during primary data collection

process and available secondary data. The quantitative and qualitative analysis

will bring out sex disaggregated data and issues related to gender disparity,

needs, constraints, and priorities; as well as understanding whether there is a

potential for gender based inequitable risks, benefits and opportunities. Based on

the specifics, interventions could be designed, and if required, gender action

plans can be prepared.

5.3 Vulnerable Groups

As part of the Program, all 13 sub-projects being considered will require large

expanse of land which are mainly in rural areas. It is a known fact that agricultural

land use is predominant in rural areas of Northern Nigeria. What this means is that

the majority of the people within the project areas will depend on agriculture and

land-based resources for livelihood. Acquisition of land for these sub-projects

without proper mitigation measures will expose some social groups to economic

vulnerability. This might include women, widows, farmers, pastoralists and women

heads of households, as well as the elderly and people with disabilities.

5.3.1 Indigenous Groups

Indigenous peoples, also known as first peoples, aboriginal peoples or native

peoples, are ethnic groups who are the original settlers of a given region, in

contrast to groups that have settled, occupied or colonized the area more


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recently. According to the World directory of minority and indigenous people in

Nigeria published by the Minority Group International in May 2018, the main

minority and indigenous people are Hausa / Fulani (29 per cent); Yoruba (21 per

cent); Igbo (Ibo) (18 per cent), Ijaw (10 per cent), Kanuri (4 per cent), Ibibio-Efik

(3.5 per cent), Tiv (2.5 per cent), Edo (Bini) (less than 1 per cent), Nupe (less than

1 per cent). In the last census conducted in 2006. The country did not then and

does not now, collect or analyse data disaggregated by ethnicity, religion or

language. However, it is recommended that the proponent investigate this issue

further and confirm in final documentation. Also, as stated in Chapter 4, and

subject to additional studies as part of the ESIA, there may not be underserved

ethnic minority/Indigenous people in the area and all sub-projects are required

to show broad community support. The AFC, as AE, will require the sub-projects

selected under the funding program, to assist this further as part of the ESDD

process (detailed in this ESMF).

5.4 Approaches to Consultation, including Vulnerable Groups

5.4.1 Vulnerable group inclusion

The term “vulnerable groups” refers to people who, by virtue of gender identity,

ethnicity, age, disability, economic disadvantage or social status may be more

adversely affected by project impacts than others and who may be limited in

their ability to claim or take advantage of project benefits. Vulnerable individuals

and/or groups may also include people living below the poverty line, the landless,

the elderly, women- and children- headed households, refugees, internally

displaced people, ethnic minorities, natural resource dependent communities or

other displaced persons who may not be protected by national and/or

international law. It is important to identify and address these groups during the

early consultation phases of the sub-projects in order to avoid placing additional

strains on these groups as a result of the sub-projects.

AfDB’s ISSs have standards for consultation with vulnerable groups, which will be

a guide in Program implementation. These are detailed in Table 5.2 below:

Table 5.2 - Vulnerable Group Guidelines to be Implemented in the Program

The AfDB ISS defines vulnerable individuals or groups as those within a project’s

area of influence who are particularly marginalized or disadvantaged and who

might thus be more likely than others to experience adverse impacts from a

project. The vulnerability can be determined by identifying the likelihood that


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an individual or a group faces harder conditions as the result of the

implementation of a project.

Vulnerable status may stem from a group’s gender, economic status, ethnicity,

religion, cultural behavior, sexual orientation, language or physical and

psychological health conditions. Vulnerable groups may include, among

others, female-headed households, those below the poverty line, the landless,

those without legal title to assets, ethnic, religious and linguistic minorities,

Indigenous Peoples, those who are disabled, etc.

Vulnerable groups are more likely to be exposed to adverse impacts in large-

scale projects with a large area of influence, potential cumulative impacts and

multiple affected communities, than in small-scale projects that have site-

specific issues.

a. AfDB ISS requirements on vulnerable groups

The Bank’s Operational Safeguards 1 (OS1) details the following when assessing

projects and sub-project impacts on vulnerable groups:

• in assessing the potential impacts of Bank operations on affected

communities, the borrower or client shall make use of adequate and

qualified expertise to identify people and groups that may be directly,

indirectly and/or disproportionately affected or marginalized by the

project because of their recognized vulnerable status.

• where groups are identified as vulnerable, the borrower or client shall

implement appropriate differentiated measures so that unavoidable

adverse impacts do not fall disproportionately on these vulnerable

groups, and so that they are not disadvantaged in sharing development

benefits and opportunities (such as roads, schools, healthcare facilities,

etc.).

• OS 1 emphasizes the need to assess gender issues in the context of

vulnerability. A gender assessment shall be made for every project and

shall form the basis for project design and compensation plans that lead

to enhanced gender balance.

• OS 1 states that groups that may be considered vulnerable may include

social or cultural groups recognized as Indigenous Peoples. The Bank

seeks to promote the safeguarding of Indigenous Peoples’ lands, natural

assets and other cultural heritage by its member countries and to provide

special protection for projects that may involve their resettlement.

Also, the ISS requires the Environmental and Social Assessment process to

systematically identify vulnerable groups. The identification of vulnerable

groups shall be the result of a careful analysis of the social and economic

context in which the project will operate. The presence of factors that causes

vulnerability should be analysed, as should potential project impacts on

vulnerable groups, the capacity of the vulnerable groups to cope with, or


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adapt to, such impacts, and the potential for such impacts to be mitigated in

a way that takes account of the specific vulnerabilities or marginalization status

in question. Taking the particular circumstances of the vulnerable groups into

account should help borrowers or clients to better define impacts relevant to

the groups, and to improve the design and implementation of a specific

Community Development Plan (CDP) or an Indigenous Community

Development Plan (ICDP).

b. Objective and scope of vulnerable group identification

The objective of identifying vulnerable groups is to enable a strategic focus on

the consideration of their views and specific needs during the project planning,

and thereby to specifically avoid harm to them, as well as to ensure that they

have the opportunity to participate in and benefit from the proposed project.

Having identified the vulnerable groups, the objective becomes to define

differentiated measures for them to ensure that they are protected and that

suitable benefits are adequately planned and directed to them as set out

below:

i. Vulnerable Groups and Gender

Projects may have different impacts on women and men, owing to their

different socio-economic roles and their varying degrees of access to and

control over assets, productive resources, and employment opportunities.

Gender discrimination often limits access to the resources, opportunities, and

public services necessary to improve standards of living. In addition, there may

be norms, societal practices, or legal barriers that impede the full participation

of people of one gender (usually women, but potentially men) in consultation,

project planning, decision-making, implementation of project activities or the

sharing of benefits.

ii. Other Vulnerable Groups

Those of low economic status, particularly those below the poverty line, the

landless and those without legal title to assets may also lack the resources and

capacity to participate in project decision-making or benefit-sharing to the

same degree as those of higher economic status.

In addition, those with health conditions, those who are disabled, etc., are also

groups that commonly lack the capacity, means or voice through which to

avoid negative project impacts and reap project benefits.

c. Differentiated measures for vulnerable groups’ inclusion in development

Once groups have been identified as vulnerable, the borrower or client shall

propose and implement differentiated measures so that adverse impacts do

not fall disproportionately upon them, and so that vulnerable groups are not

disadvantaged in sharing development benefits and opportunities.

Differentiated measures are required to respond to the requirements of specific

types of vulnerable groups. The AfDB ISS provides guidance to differentiated


Page 84 of 218

measures requirements to specific types of vulnerable groups including

measures responding to vulnerable gender groups, indigenous people,

vulnerable groups experiencing resettlements and other vulnerable groups

such as groups of low economic status, those with health conditions, those who

are handicapped, etc.

Meaningful consultation is of vital importance in determining what

differentiated measures are necessary for the particular vulnerable groups in

question, as well as in seeking broad community support (BCS) from such

vulnerable groups. There should be a targeted and meaningful consultation

process, backed by adequate information, and carried out with each

vulnerable group. Specific, targeted consultation sessions with each vulnerable

group are important because consultations with non-vulnerable groups may

not always reveal the special conditions or concerns of vulnerable groups, and

how these might be addressed in a differentiated and targeted manner.

Consultation around differentiated measures for vulnerable groups requires a

socially and culturally sensitive approach that shall ensure that:

• The vulnerable group in question is represented in discussions, and that

members of this group are given ample and appropriate opportunities

and channels to express their views, concerns and aspirations in the

language and manner of their choice, without external manipulation,

interference, coercion, or intimidation.

• Representative bodies and civil society organizations, as well as a

sufficient number of members of the vulnerable group themselves, are

included in the consultation process.

• Local leaders deemed to “represent” the views of vulnerable members

of the community actually have the members’ consent and understand

their views and perspectives.

• Spaces for discussions are created that are perceived to be “safe” from

the perspective of the vulnerable group, and that are easily accessible

to them.

The consultations with each vulnerable group should primarily seek to elucidate

the special conditions and concerns of the group in question, and the form that

associated differentiated measures should take in order to ensure that the

vulnerabilities of the group in question are not further exacerbated by the

project and that the group is given the opportunity and the capacity to benefit

from the project according to their views and needs.


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5.5 Gender Mainstreaming and Vulnerability Assessment The primary objective of the vulnerable persons’ assessment and assistance

measures is to avoid the occurrence of project-induced vulnerability, and if it

occurs, to mitigate this through preventive and follow-up measures. Criteria used

to assess project-induced vulnerability include pre-project poverty, household

composition, income, food supply, housing, social support, and health.

The criteria are used to establish household vulnerability relative to local

conditions. Vulnerability thus becomes locally defined as those households that

are recognized to be in a difficult situation against the background of general

poverty in the area.

Vulnerability should be viewed in two stages: pre-existing vulnerability and

transitional hardship vulnerability. Pre-existing vulnerability includes that stage

which would be present with or without sub-project development. Transitional

hardship vulnerability occurs when those directly affected by a sub-project,

whether predisposed or not, are unable to adjust to new conditions due to shock

or stress related to sub-project activities.

Project measures to identify vulnerable households and individuals include:

• Participatory engagement techniques to confirm community perceptions

of well-being and to identify at-risk households;

• Conduct of socio-economic survey and analysis of baseline data to identify

at-risk households;

• Implementation of household monitoring surveys designed to reveal trends

in social welfare (household composition, assets, sources of income,

expenditures etc.);

• Self-registration at offices of households that identify themselves as

vulnerable or at risk; with all such registrations leading to an evaluation of

that household by the project/investor team in order to assess the

households’ vulnerability; and

• Regular visits to all physically displaced households and any economically

displaced households identified as vulnerable during resettlement planning

and implementation processes to re-assess those households’ vulnerability.

Such visits will occur at least once a quarter; and each visit will be recorded

in the database flagging changes to indicators that are problematic.


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5.6 Implementation of Gender Considerations in the Program In consideration of Gender Issues in Northern Nigeria, the Program has developed

a Gender Action Plan (GAP) and each sub-project will be required to have a

Project GAP.


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6 POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS

6.1 Overall Context The development of sub-projects will be a source of renewable electricity

production and it is expected to have highly positive E&S impacts for the affected

communities, States and Nigeria at large. However, the sub-projects will inevitably

have some adverse impacts on the biophysical and social environment

particularly during pre-construction (land acquisition), construction and

decommissioning phases. The adverse impacts will largely be localized in spatial

extent, short term and occurring within less sensitive environmental areas. These

adverse negative impacts are likely to be readily identified, assessed and

manageable through the application of appropriate mitigation measures, good

E&S (E&S) practice, sound design, good construction practices, effective

maintenance and adequate supervision and enforcement during the project life

cycle.

As part of each sub-project in the Program, E&S impact analysis of a sub-project

(or project options) consists of comparing the expected changes in the

biophysical and socioeconomic environment with and without the sub-project.

6.2 Negative Environmental and Social Impacts The envisaged negative impacts of the sub-projects are presented in Table 6.1

below:

Table 6.1. Anticipated Negative Environmental and Social impacts of sub-projects (non-

exhaustive)

Project Phase Environmental/

Social Receptor Impacts

Pre-

construction

Phase

Social (Human)

Environment Land use

• Loss of Agricultural/livestock/other productive use land

• Loss of homes, structures other than homes, crops and

economic trees • Conflicts between farmers and pastoralists with regard to

land

• Grievances due to land resettlement and compensation;

Construction

Phase

Biophysical

Environment

Soils, Run-off and flooding

• Pollution of groundwater from discharges and

accidental releases during construction of solar farm,

access roads and transmission lines.

• Interruption of drainage patterns and lack of water

table replenishment, as a result of ground clearance

and earthworks

Pollution of soils and water


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• Drainage of construction site /camp sewage effluent

polluting watercourses.

• Release of hazardous substances during construction,

operation (e.g. vehicle spills) leading to soil, surface or

groundwater contamination.

Air Quality

• Dust from construction, and other emissions during

construction and operation (e.g. wildfires), could affect

human health, crops and wildlife

Noise and vibration

• Noise and vibration from equipment, traffic and

activities during construction solar farm, access roads

and transmission lines (and maintenance) at sites and

associated facilities, may disturb sensitive noise

receptors (human and fauna)

Resources and waste

• Construction and operation will require supply of water

from surface or groundwater, which could affect

existing supply for human communities and ecosystems

• Water requirements may be high for

large/concentration solar power plants (cooling water is

required for solar concentration devices).

• Inefficient waste management during construction and

maintenance leading to excess materials consumption,

generation of wastes/emissions, soil and water pollution

• Loss, fragmentation and degradation of habitat, and

severance of animal migration routes and pathways

• Land clearance for the solar power plant and

upgrade/expansion of existing plants may cause loss or

fragmentation of protected areas and other areas of

conservation interest and degradation following poorly

managed rehabilitation.

• Severance of terrestrial routes and watercourses used

for migration or for access to feeding and breeding

areas (e.g. by access roads )

• Construction (and to a lesser extent operational

impacts) on habitats and species from habitat alteration

and degradation (e.g. from changes in drainage, soil

erosion, pollution of water, soils or air, introduction of

invasive species and general human disturbance )

Direct impacts on flora and fauna

• Clearance of vegetation may lead to loss of plant

species and habitat of conservation interest

• Solar power plants could displace animals and disturb

their habitats, by direct disturbance during construction

and operation (e.g. from noise, light disturbance at

night, general human presence)

Invasive Species


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• Movement of plant from the arrival of workforce into

areas could introduce invasive species which adversely

impact fauna, flora, ecosystems, and crops.

Social (Human)

Environment Physical and Economic Displacement of People, Property,

Assets and

Resources

• Development of solar power plants, especially large

ones, may physically displace people, or lead to the loss

of assets, e.g. land of agricultural or other beneficial use

Cultural Heritage

• Displacement or damage to cultural heritage sites by

construction activities, harm to the setting, amenity

value, etc. of the site.

Community Health, Safety and Security

• Poor construction management practices may lead to

adverse effects on safety, human health and wellbeing.

• Interaction between in-migrant construction workers

and local communities may increase occurrence of

communicable diseases, including HIV/AIDS and

sexually transmitted diseases (STDs).

Landscape and visual impacts

• The solar power plant, especially if large, could

generate negative landscape impacts.

Workforce-Community Interactions

• Real or perceived disruption to normal community life,

through the physical presence of a construction

workforce.

Operation

Phase

Biophysical

Environment

• Hazardous wastes from damaged PV panels, inverters and

batteries;

• Soil contamination from release of hazardous materials

• Groundwater contamination from waste water and

hazardous chemicals;

• Over-extraction (depletion) of ground water reserves for

operational activities especially for panel washing during dry

seasons;

• Solar systems can pose risks to wildlife especially birds that

may confuse solar panels with water bodies. This could result

in the loss and reduction of the local birds’ population;

Social (Human)

Environment

• Increased potential of fire outbreaks due to failure of

electrical installations;

• Risks of theft cases in absence of adequate security measures

• Potential for fire outbreak due to failure of electrical

installations;

• Risks of occupational accidents and injuries to workers

including exposure to hazardous chemicals, electrocution

and fall from high positions.

• Local communities are unable to benefit from the electricity

produced by the project because local communities are not

connected to the grid or not served by electric utilities.


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6.3 Positive Environmental and Social Impacts The summary of envisaged positive impacts including gender sensitive positive

impacts of the sub-projects are presented in Table 6.2 below.

Table 6.2. Anticipated Positive Environmental and Social impacts from sub-projects (non-

exhaustive)

Project Phase Environmental and

Social Receptor Positive Impacts

Preconstruction

& Construction

Biophysical

Environment --

Social (Human)

Environment

• Generation of renewable electricity to boost national

power supply;

• Construction of access roads to enhance easy

movement of people and their farm produce

• Employment of local labour in the form of direct and

indirect employment during construction.

• Improved livelihood and poverty reduction

• Stimulation of local and regional socioeconomic

activities arising from employment and award of

contracts

Operation

Phase

Biophysical

Environment

• Due to the nature of the sub-project operations, no

negative impacts on air quality, soil or water resources

is anticipated during operation phase

• Reduction in the use of fossil fuels, thereby reducing

GHGs gas emissions

Social (Human)

Environment

• Technology transfer and training of project staff on solar

power plant operation, management and

maintenance; and

• Increased revenue generation to government through

permits and taxes

• Creation of tourist attraction and recreational

opportunities;

• Employment of local labour during operation

• Improved livelihood and poverty reduction

6.4 Gender Sensitive Development Impacts In Africa, women are primary household caretakers and responsible for the

availability of energy sources for lighting and cooking. As such, there is huge

pressure on them to source for energy required for running of the homes. The

implementation and operation of sub-projects is however anticipated to improve

the livelihood, living conditions, and overall quality of life particularly for women,


Page 91 of 218

girls and other vulnerable groups as it will make more electricity available and

thereby increase access for them.

In general, most projects may have different impacts on women and men,

because of their different socio-economic roles and their varying degrees of

access to and control over assets, productive resources, and employment

opportunities. Consequently, the sub-projects will be implemented in line with the

AfDB ISS and GCF’s ESS, by implementing differentiated measures so that women,

girls and other vulnerable groups are specifically targeted in sharing

development benefits and opportunities. The key activities targeting women’s

participation may include employment and training to ensure that the sub-

project is gender-sensitive and the benefits are shared among men and women.

Some of the envisaged gender sensitive benefits of the sub-projects are

summarised in Table 6.3.

Table 6.3. Anticipated Gender Sensitive impacts on sub-projects

Project

Phase

Environmental

and Social

Receptor

Positive Impacts

Operation

Phase

Women, Girls &

Vulnerable

Groups

• The existence of electricity energy (solar) will allow

villagers including women to engage themselves in

various economic activities;

• Entrepreneurial job creation resulting from productive use

of electricity in agriculture, agro processing and light

manufacturing

• Improvements in health and safety from elimination of

smoke and soot from kerosene lamps and candles for

lighting and fire hazard from naked flames

• Better access to education especially for girls through

lighting for homework and better access to web-based

materials at school

• Long term green job creation in the green economy

sectors linked to sustainable energy and Nigeria climate

adaptation action.

• Poverty alleviation through virtuous circle of more

efficient value creation and about 40 % lower expenses

devoted to energy for lighting and mobile charging for

average residential households.


Page 92 of 218

Project

Phase

Environmental

and Social

Receptor

Positive Impacts

• Food security through climate resilient agriculture less

dependent on rains through irrigated crops and

refrigeration for better preservation of perishables


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7 POTENTIAL MITIGATION MEASURES

7.1 Introduction The key E&S risks and impacts identified as cross-cutting for the Program have

been identified and presented in previous sections.

Table 7.1 below presents appropriate mitigation and enhancement measures for

the key negative E & S impacts of the sub-projects. The ESMPs and RAPs of

individual sub-projects will draw from these mitigation measures. A generic ESMP

for individual sub-projects is provided in Annex 2.

Table 7.1. Examples of mitigation measures which could be applied to sub-projects selected for

funding

Project

Phase Environmental/

Social

Receptor

Anticipated Impacts Mitigation

Pre-

construction

Phase

Social

(Human)

Environment

Land use

• Loss of

Agricultural/livestock/other

productive use land

• Loss of homes, structures

other than homes, crops

and economic trees • Conflicts between farmers

and pastoralists with regard

to land

• Grievances due to land

resettlement and

compensation;

Preparation and

implementation of land

acquisition and resettlement

action plan in accordance

with the RPF (Annex 3)

Implementation of the RAP

which provides, among others,

the following:

Assessment of the initial value

of land improvements,

structures and crops;

Provision of compensation to

project affected people (PAP)

based on replacement cost

value of lost assets (i.e. no

depreciation).

Provision of

resettlement/relocation option

for those whose entire homes

are displaced.

Provides for differentiated

treatment/assistance to

vulnerable PAPs.

Construction

Phase

Biophysical

Environment Soils, Run-off and flooding Installation of sewage

treatment to meet required


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Project


Social

Receptor


• Pollution of groundwater

from discharges and

accidental releases during

construction of solar farm,

access roads and

transmission lines.

standards; hygiene training for

workforce.

• Interruption of drainage

patterns and lack of water

table replenishment, as a

result of ground clearance

and earthworks

Minimization of cleared areas

and soil disturbance, with

revegetation as soon as

feasible, with native species

Early installation and regular

maintenance of drainage and

diversion structures, silt traps

etc.; drainage outlets to

discharge into vegetated

areas if possible; vegetation

along watercourses and

drainage lines to be retained if

possible

Avoidance of areas liable to

flooding, slope instability and

water crossing where possible

Retention of top soil for

restoration (including tilling

and revegetation) as soon as

practicable.


• Drainage of construction

site /camp sewage

effluent polluting

watercourses.

Installation of sewage



workforce.

• Release of hazardous

substances during

construction, operation

(e.g. vehicle spills) leading

to soil, surface or

groundwater

contamination.

Materials handling and control

procedures

Control of construction vehicle

movements and prohibition of

vehicle washing in

watercourses, and similar

practices

Emergency response plans

during construction

(contractors and local

authorities) and operation

(local authorities)

Air Quality

• Dust from construction,

and other emissions during

construction and

operation (e.g. wildfires),

Sensitive siting of construction

facilities

Dust control and suppression

measures

Modern equipment with

meeting appropriate emissions


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Project


Social

Receptor


could affect human

health, crops and wildlife

standards and regular

preventative maintenance

No use of ozone depleting

substances during

construction

Noise and vibration

• Noise and vibration from

equipment, traffic and

activities during

construction solar farm,

access roads and

transmission lines (and

maintenance) at sites and

associated facilities, may

disturb sensitive noise

receptors (human and

fauna)


facilities

Use of modern equipment

fitted with abatement devices

(e.g mufflers, noise

enclosures): good

maintenance regime

Strict controls of timing of

activities e.g any activities with

high noise emission; prohibition

on night working

Observance of seasonal

sensitivities ( e.g. breeding

seasons ), and alteration of

activity to reduce noise levels

at that time

Speed controls and other

traffic calming measures to

prevent excessive speed

around settlements/sensitive

receptors.

Resources and waste

• Construction and

operation will require

supply of water from

surface or groundwater,

which could affect existing

supply for human

communities and

ecosystems

Water supply prior to any

abstraction, to inform a

sustainable water

management plan

No abstraction without prior

approval of relevant

authorities at all locations

Promotion of water efficiency

(including leak detention,

preventative maintenance of

equipment) and water

recycling.

• Water requirements may

be high for

large/concentration solar

power plants (cooling

water is required for solar

concentration devices).

The use of a dry cooling

system instead of a wet

cooling system for

concentrated solar power

plants will reduces water

requirements





recycling


Page 96 of 218

Project


Social

Receptor


• Inefficient waste

management during

construction and

maintenance leading to

excess materials

consumption, generation

of wastes/emissions, soil

and water pollution

Preparation of waste

management plan following

the waste hierarchy,

supported by staff training

Use of authorised contractors

for hazardous and any other

wastes which the project

cannot dispose of safely

• Loss, fragmentation and

degradation of habitat,

and severance of animal

migration routes and

pathways

• Land clearance for the

solar power plant and

upgrade/expansion of

existing plants may cause

loss or fragmentation of

protected areas and other

areas of conservation

interest and degradation

following poorly managed

rehabilitation.

Careful siting of all project

components, with advice from

biodiversity authorities/wildlife

specialists

Strict avoidance of sensitive

areas, critical natural habitats,

and protected natural habitat

or project locations where

activities would adversely

affect rare and endangered

animal species.

Wherever feasible,

establishment of buffer zones

around conservation areas,

watercourses and other

location identified as

ecologically sensitive and

avoidance or minimisation of

activity within these zones

Rehabilitation of cleared

areas with native species, and

ecosystem restoration in

habitat of conservation value,

using specialist advice and

input backed up by a long-

term monitoring programme

and corrective actions as

necessary.

• Severance of terrestrial

routes and watercourses

used for migration or for

access to feeding and

breeding areas (e.g. by

access roads)

Sensitive siting based on good

understanding of physical and

biological baseline conditions

Wildlife crossings for terrestrial

animals and design of

culverts/crossing structures to

avoid impacts on aquatic

animal movement.

• Construction (and to a

lesser extent operational

impacts) on habitats and

Where development in

sensitive areas cannot be


Page 97 of 218

Project


Social

Receptor


species from habitat

alteration and

degradation (e.g. from

changes in drainage, soil

erosion, pollution of water,

soils or air, introduction of

invasive species and

general human

disturbance)

avoided, mitigation may

include:

Minimisation of area

impacted, clear demarcation

of remaining intact areas of

habitat, and prohibition

activity into those areas for

any purpose

No ground clearance

upstream of sensitive areas

unless appropriately

engineered drainage installed

Habitat rehabilitation and

ecosystem restoration of areas

no longer required after

construction, as soon as

possible

If loss of critical habitat is

inevitable,

development/implementation

of an offsets programme

Also see measures under soils,

run-off and flooding and

pollution of soils and water

above and invasive species

below

Direct impacts on flora and

fauna

• Clearance of vegetation

may lead to loss of plant

species and habitat of

conservation interest

Careful site selection and

siting of all project

components with advice from


specialists

Careful planning of phasing

and timing of construction

activities

Demarcation and avoidance

of species of conservation

interest in work areas here

possible, otherwise transfer to

other suitable location if

possible, under expert

supervision





below

• Solar power plants could

displace animals and

disturb their habitats, by

Careful siting of all project



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Project


Social

Receptor


direct disturbance during

construction and

operation (e.g. from noise,

light disturbance at night,

general human presence)


specialists



activities


of areas of conservation of

interest (high value, species,

feeding or breeding sites,

migration routes etc.)

Invasive Species

• Movement of plant from

the arrival of workforce

into areas could introduce

invasive species which

adversely impact fauna,

flora, ecosystems, and

crops.

• Invasive Species

Management Plan, which

should be developed and

implemented in

consultation with

authorities, including

appropriate eradication

measures for different

species/groups of species.

• Staff training and

awareness raising in

communities.

• No introduction of exotic

species (e.g. for site

rehabilitation) without

specialist vetting and

government approval.

Social

(Human)

Environment

Physical and Economic

Displacement of People,

Property, Assets and

Resources

• Development of solar

power plants, especially

large ones, may physically

displace people, or lead

to the loss of assets, e.g.

land of agricultural or

other beneficial use

• Initial site selection taking

into account original land

use, preferentially

selecting land of minimal

value.

• Comparison of alternative

locations.

• Careful siting of all project

components,, and avoid

occupation of areas which

are inhabited or regarded

as of high value by

communities (e.g.

horticulture, community

orchards) where possible.

• Early development and

sensitive implementation

of resettlement planning,

in accordance with

national regulations and

international good

practice to compensate


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Project


Social

Receptor


for any losses (both

physical and economic.).

• Adoption of a Stakeholder

Engagement Plan, as a

framework for early and

ongoing community

consultation.

• Implementation of a

Grievance Procedure (see

Grievance Procedure and

Redress Mechanisms

guidance note).

Cultural Heritage

• Displacement or damage

to cultural heritage sites by

construction activities,

harm to the setting,

amenity value, etc. of the

site.

• Strict avoidance of

locations where the

project would displace,

alter or render inaccessible

important cultural heritage

sites, including historical

sites/monuments, graves,

churches and mosques.

• Transparent and culturally

appropriate

communication with

communities regarding

employment opportunities.

• Fair and transparent hiring

and staff management

procedures.

• Development of measures

to manage the transition

after construction is

complete, including SME

development, ongoing

opportunities for the

workforce in road

management and

maintenance, reskilling

and alternative

employment.

• Careful siting, taking

account of community

consultation and if

appropriate specialist

surveys.


“Chance Finds” procedure

during construction.

Community Health, Safety

and Security

• Procedures for sustainable

local procurement, in


Page 100 of 218

Project


Social

Receptor


• Poor construction

management practices

may lead to adverse

effects on safety, human

health and wellbeing.

consultation with local

authorities and community

leaders.

• Local capacity building to

foster community

resilience.

• Interaction between in-

migrant construction

workers and local

communities may increase

occurrence of

communicable diseases,

including HIV/AIDS and

sexually transmitted

diseases (STDs).

Conversely, migrant

construction workers could

be vulnerable to local

latent diseases.

• Good construction site

“housekeeping” and

management procedures

(including site access).

• Contractors to screen

workers for contagious

diseases and educate

them about local diseases.

• Campaign on disease

prevention.

• Disease control measures,

e.g. no pools of standing

water, rodent control,

treatment of water.

• Risk assessments and

emergency response

planning to consider

impacts on local

communities.

• Also see measures under

Soils, Run-off and Flooding,

and Pollution of Soils and

Water above.


health management

system for the construction

workforce, to ensure it is fit

for work and that it will not

introduce disease into

local communities.

• Training and awareness

training for workforce and

their dependents on

HIV/AIDS and other STDs,

and communicable

diseases including malaria;

health awareness raising

campaigns for

communities on similar

topics.

Landscape and visual impacts • Careful siting.


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Project


Social

Receptor


• The solar power plant,

especially if large, could

generate negative

landscape impacts.

• Landscaping design by

qualified personnel (e.g. a

landscape architect)

working closely with the

local communities and

other relevant parts of

government, e.g.

Department of Tourism.

Workforce-Community

Interactions

• Real or perceived

disruption to normal

community life, through

the physical presence of a

construction workforce.

• Conflicts and increased

criminality, including

possible increase in sexual

assaults on women

• Works procedures, defining

a Code of Appropriate

Conduct for all workers

• Training for all of

construction workforce,

and subsequently of

permanent staff, in

acceptable behaviour

with respect to community

interactions.

• Contractors should

maintain good community

relations, undertake

periodic dialogues and

coordinate its activities

with the local

communities.

Operation

Phase

Biophysical

Environment

• Hazardous wastes from

damaged PV panels,

inverters and batteries;

• Soil contamination from

release of hazardous

materials

• Groundwater contamination

from waste water and


• Over-extraction (depletion)

of ground water reserves for

operational activities

especially for panel washing

during dry seasons;

• Solar systems can pose risks to

wildlife especially birds that

may confuse solar panels

with water bodies. This could

result in the loss and

reduction of the local birds’

population;

• Implement Extended

Producers Responsibilities

and buy back clause on

the supply of PV panels,

inverters and Batteries

where the producers can

take them back and

dispose properly.

• Hazardous wastes should

be disposed through

licensed waste collector

with due diligence on their

final disposal.

• Installation of sewage

treatment to meet

required standards;

hygiene training for

workforce.

• Activities capable of

contaminating ground

water through the use of

hazardous chemicals shall

be carried out at the


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Project


Social

Receptor


appropriate places mostly

on impervious surfaces.

• Demarcation and

avoidance of areas of

conservation of interest

(high value, species,



Social

(Human)

Environment

• Increased potential of fire

outbreaks due to failure of


• Potential for fire outbreak due

to failure of electrical

installations;

• Risks of occupational

accidents and injuries to

workers including exposure to

hazardous chemicals,

electrocution and fall from

high positions.

• Risks of theft cases in

absence of adequate

security measures

Local communities are

unable to benefit from the

electricity produced by the

project because local

communities are not

connected to the grid or not

served by electric utilities.

• Ensure electrical installations

are carried out safely and

properly.

• Provide firefighting

equipment to cover all areas

of electrical installation

• Develop an Occupational

Health and Safety Manual

and make it available to all

workers.

• Implement the OHS manuals

and training s for workers on

its implementation.

• Provide and enforce the use

of Personal Protective

Equipment

• Prepare and Implement

project specific security plan

which will key into the

existing government security

architecture.

• Project operator to provide

alternative program to

enable local communities to

share with the benefits of the

project.

7.2 Approach to Environmental and Social Risk and Impact Mitigation The management of E&S impacts will draw from the GCF ESS/IFC Performance

Standard requirements and applicable AfDB ISSs.

Each sub-project under the Program will be required to conduct a detailed E&S

assessment in accordance with international standards, which will include

mitigation measures that draw from the results of the assessment and good

international industry practice.


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Projects considered for financing under the Program will undergo the E&S due

diligence and appraisal process detailed in this ESMF and will be evaluated

against the requirements of:

• the IFC Performance Standards/GCF ESS

• AfDB ISSs

• the WBG Environmental, Health and Safety (EHS) General Guidelines

• relevant EU Directives and Guidance Notes

The application of these different guidelines and best practices will be informed

by the country-specific and site-specific characteristics of the sub-projects and

will be in line with Nigerian regulations.

It is expected that sub-projects to be funded by the Program will be Category B

(or Category 2) projects. None of the sub-projects are expected to physically

displace a significant number of people; the impacts would be mostly on loss of

agricultural/pasture lands which depends on the land requirements of the project

(which is about 2 – 4 hectares per megawatt capacity). Impacts on cultural

heritage sites or structures as well as on natural habitats will be strictly avoided

through site selection/realignment.

In terms of indigenous peoples, the sub-projects located in areas where the host

communities qualify as indigenous peoples as defined under World Bank Policy

OP 4.10, should be required to undertake and present evidence of the conduct

of free and prior informed consultation and broad community support, as well as

demonstrate that the communities are in fact benefited from the sub-project in

terms of access to electricity or by other programs to be provided by the sub-

project. To ensure that these are fulfilled and the key issues are addressed, the

following eligibility criteria have been included in the Screening Checklist/Form

(see Annex 1A) to be used in screening the 13 prospective IPP projects:

The Program will not favorably consider sub-projects that:

1. Would displace or involve relocation of more than 50 homes or a

population of more than 200;

2. Would encroach or be located inside a protected area of natural habitat;

3. Would displace, modify or render inaccessible any important Cultural

Heritage site or structure, including important historical and religious

sites/structures;

4. Would be located in the territory of any historically underserved traditional

ethnic community or indigenous people (as defined by World Bank OP 4.10)


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territory, but does not provide benefit to the communities in terms of access

to electricity or in terms or in terms of some other plan; and,

5. Is assessed to be Category A or Category 1 based on IFC/GFC and AfDB

Categorization, respectively.

Subprojects that meet these criteria will be required to undertake E&S assessment,

and prepare and submit pertinent safeguards instruments, particularly ESIAs with

Environmental and Social Management Plans (ESMP) which includes as

attachment, as necessary, other special plans such as RAPs and Stakeholder

Engagement Plans (SEP). The types and extent of the assessments and

documentary requirements will be determined during the E&S Screening. An

indicative and non-exhaustive list of potential mitigation measures which could

be applied to any of the sub-projects in the Program is presented in Annex 2.


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8 ENVIRONMENTAL AND SOCIAL MANAGEMENT

PROCEDURES AND REQUIREMENTS

8.1 Environmental, Health and Safety Guidelines to be implemented

by the Program In order to ensure E & S considerations are carefully identified and mainstreamed

in all the sub-projects of the Program, the AFC, IFC and AfDB Operational

Safeguards will be adopted.

Internationally accepted guidance on environmental, social, health and safety

mitigation measures for renewable energy projects can be found in relevant EU

Directives and Guidance Notes, as well as the WBG EHS Guidelines. These

guidelines will be adopted as part of the design and implementation of the

ESMPs, as well as other applicable E & S risk management tools for all sub-projects

considered under the Program.

The EHS Guidelines contain the performance levels and measures that are

generally considered to be achievable at reasonable cost by commercially

available technology. The discharged effluent, air emissions, and other numerical

guidelines and performance indicators, as well as other prevention and control

approaches included in the EHS Guidelines, are considered to be default values

applicable to new projects, though the application of alternative performance

levels and measures may be considered.

The General EHS Guidelines include guidance on a comprehensive range of

environmental, occupational health and safety, community health and safety

and construction and decommissioning topics. They should be used in parallel

with the accompanying Industry Sector EHS Guidelines.

The General EHS Guidelines are summarized in the Table belowbelow.

Table 8.1. Summary of WBG/IFC General EHS Guidelines

1 Environmental 2 Occupational Health and Safety

1.1 Air Emissions and Ambient Air Quality 2.1 General Facility Design and Operation

1.2 Energy Conservation 2.2 Communication and Training

1.3 Wastewater and Ambient Water

Quality 2.3 Physical Hazards

1.4 Water Conservation 2.4 Chemical Hazards

1.5 Hazardous Waste Management 2.5 Biological Hazards

1.6 Waste Management 2.6 Radiological Hazards

1.7 Noise 2.7 Personal Protective Equipment (PPE)

1.8 Contaminated Land 2.8 Special Hazard Environments


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2.9 Monitoring

3 Community Health and Safety 4 Construction and Decommissioning

3.1 Water Quality and Availability 4.1 Environment

3.2 Structural Safety of Project

Infrastructure 4.2 Occupational Health & Safety

3.3 Life and Fire Safety (L&FS 4.3 Community Health & Safety

3.4 Traffic Safety

3.5 Transport of Hazardous Materials

3.6 Disease Prevention

3.7 Emergency Preparedness and

Response

Source: IFC/WBG (2007). Environmental, Health, and Safety General Guidelines. 30 April 2007.

Available at https://www.ifc.org/wps/wcm/connect/554e8d80488658e4b76af76a6515bb18/Final+-

+General+EHS+Guidelines.pdf?MOD=AJPERES [Accessed 02/12/18]

8.2 Environmental and Social Due Diligence Process (ESSD) All sub-projects to be funded under the Program will be required to comply with

Nigerian environmental laws and regulations. In addition, based on the

equivalence analysis in Section 3.6, each sub-project will also comply with the IFC

Performance Standards/GCF ESS and AfDB Operational Safeguards.

The Program will be guided by AFC’s ESDD approach, detailed in table below.

Table 8.2. AFC’s approach to ESDD on the selected sub-projects

Project

Category ESDD process and monitoring requirements

Category

A projects

For Category A projects, assistance of an external expert is mandatory. The most

important element of the ESDD is to determine the gaps between the current E&S

performance and the benchmark performance/reference standards (IFC

Performance Standards, World Bank EHS Sector Guidelines and the AFC’s E&S

requirements). The gap analysis with regard to these requirements is considered

crucial to ensure that the client is managing E&S risks in accordance with local or

internationally recognized E&S risk management standards and laws (whichever is

more stringent).

The gap analysis must be provided by a qualified external expert. It must lead to

the formulation of a reasonable action plan, which describes all the actions

necessary to achieve AFC’s E&S requirements in a given time frame after factoring

in the criticality of the E&S risks.

The ESDD for Category A projects involves the following steps:

• Requiring the client to fill in AFC’s E&S Questionnaire;

• Handing over to the client the relevant, sector-specific Sector

Guidelines

• Requiring the client to prepare a gap analysis between client’s performance

https://www.ifc.org/wps/wcm/connect/554e8d80488658e4b76af76a6515bb18/Final+-+General+EHS+Guidelines.pdf?MOD=AJPERES

https://www.ifc.org/wps/wcm/connect/554e8d80488658e4b76af76a6515bb18/Final+-+General+EHS+Guidelines.pdf?MOD=AJPERES


Page 107 of 218

and the performance defined in the IFC Performance Standards and World

Bank EHS Sector Guidelines with the help of an external expert;

• Collecting and studying original ESIA documents or other relevant documents;

• Carrying out research on potential risks/non-governmental organizations’

(“NGO”) interest;

• Site visit by an external E&S

consultant; and

• Preparing a CESAP if the AFC’s E&S requirements are not met (based on the

gap analysis’s findings).

Category

B projects

For Category B projects, the AFC E&S Due Diligence Questionnaire and E&S sector-

specific Questionnaire is used to assess the E&S impacts and risks. If any red flag

issues become apparent, further investigations are initiated and external

consultants’ involvement may be necessary. If considered necessary by the E&S

Risk Officer or external consultant, a Client E&S Action Plan (CESAP) and mitigatory

activities, leading the client to eventual compliance with AFC’s E&S requirements

must be developed.

The ESDD for Category B projects involves the following steps:

▪ Requiring the client to fill in AFC’s E&S Due Diligence Questionnaire and the

E&S

▪ sector-specific Questionnaire;

▪ Collecting and studying original Environmental and Social Impact

Assessment

▪ (“ESIA”) documents or other relevant documents (audit reports, etc.)

▪ Carrying out research on potential risks / potential NGO interest;

▪ Optionally - visit the site;

▪ Optionally - preparing a CESAP if the AFC’s E&S requirements for Category

B projects are not met; and

▪ Optionally - assistance of an external expert.

Based on the ESDD, the ESRO will prepare an Environmental and Social Review

Summary report (“ESRS”), containing the various mitigation measures.

Category

C projects

For Category C projects, no extensive ESDD is necessary. Compliance with E&S

laws is checked, and a reputational risk screening is conducted.

The 13 sub-projects that have expressed interest to participate in the Program

have already been requested to submit information about the E&S aspects of

their respective sub-projects. The following are the key activities of the due

diligence process:

1. E&S Screening. All 13 sub-projects will undergo E&S Screening using the

Checklist/Form provided in Annex 1A based on the initial information

provided. The screening will apply ES-related eligibility criteria discussed

above. The screening will contribute to the shortlisting of sub-projects, along

with technical and financial criteria under the project selection process

described in Table 2.3. The screening will confirm the project risk category

and identify critical risks/issues associated with the sub-project, thereby


Page 108 of 218

focusing the due diligence on few key issues. It will also determine the types

and terms of references of the assessments (ESIA) and E&S management

plans.

2. E&S assessments and preparation of ESMPs and other E&S documents.

Shortlisted sub-projects will be requested to undertake assessments and

preparation of plans (if they have not done so yet) and submit these

documents to AFC. The results of the E&S Screening will determine the

extent of assessments and plans to be required.

3. Review of Safeguards Documents. AFC will review all the safeguards

documents/instruments (ESIA, RAP, SEP) submitted by the sub-project

proponent and determine if they are compliant with the IFC/GCF

Standards. The review shall assess whether the issues identified in this ESMF

and the attached RPF have been adequately addressed by each sub-

project. In the course of the review, AFC will identify any remaining

requirements, including additional information, assessments or studies,

plans, activities (e.g. additional stakeholder consultation), or any specific

management measure, including hiring safeguards E&S specialists and

training requirements. The review may involve validation visits.

Disclosure and Decision. In relation to each Category B project to be

funded under the Programme, the AFC shall disclose the Environmental

and Social Impact Assessment (ESIA) and Environmental and Social

Management Plan (ESMP) and, as appropriate, inclusive of the

Resettlement Action Plan (RAP), and any other associated information

including those relevant to indigenous peoples required to be disclosed in

accordance with the GCF Information Disclosure Policy (Project Disclosure

Package).

AFC shall disclose the project safeguards information 30 calendar days (for

Category B projects) in advance of AFC’s decision confirming the

commitment to fund the sub-project that has been categorized as

Category B, in English and the local language (if not English), on its website

and in locations convenient to affected peoples. AFC shall provide the

Project Disclosure Package to the GCF Secretariat for further distribution to

the Board and Active Observers and for posting on the GCF website. Within

180 days of the GCF Board approval of the Programme, AFC and the GCF

Secretariat shall agree on a process to enable communication of any

comments, including from the GCF Board members and Active Observers,

on Category B projects relating to the Project Disclosure Package to the


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AFC and to take account of such comments in the finalization of such

documents.

4. Pre-Construction Phase Compliance Monitoring. The borrower will

implement the E&S management plans (e.g. EMPs, RAPs, SEPs) starting

during procurement of works. The borrower will also ensure that measures

in the ESMPs pertaining to construction is included in the contracts with

contractors and subcontractors. During this time the borrowers will required

to submit quarterly compliance reports to AFC. If necessary, AFC will

conduct site visits to check on the implementation of the RAP, if any and

ensure contracts with contractors include provisions for the implementation

of construction-related measures of the ESMP.

5. Construction Phase Compliance Monitoring. During construction, the

borrower will implement the construction-related measures in the ESMP and

ensure that contractors comply with E&S provisions in the contract including

compliance with occupational health and safety standards. During

construction phase, the borrower is required to submit quarterly

compliance report to the AFC. AFC will undertake semi-annual missions to

conduct E&S audit and monitor project compliance with the ESMP, RAP,

SEP and other plans.

6. Compliance Monitoring during Operation Phase. The sub-project

proponents will be required to submit annual compliance reports to AFC.

AFC shall review these reports and, if needed, conduct field validation.

The AFC as AE will have overall responsibility for the implementation of the E & S

tools detailed in this ESMF on sub-projects selected under the Program.

The overall process to be implemented for E&S management of each sub-project

is depicted in the flowchart below.


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Figure 8.1. ESMF Process

A detailed description of the approaches to be adopted in relation of E & S

management at each stage of the overall sub-project cycle (i.e. project

identification, preparation, appraisal, implementation and completion) is

presented below.

8.3 Environmental and Social Identification and Preliminary

Assessment (Environmental Screening and Scoping)

The Environmental and Social Screening will include, aside from the eligibility

criteria, screening for sub-project categorization, the GCF ESS/IFC PSs triggered

standards, AfDB ISSs, and specific E & S aspects in each sub-project. The E&S

screening for the sub-project categorization will be done with reference to the

checklist available in Annex 1A (E & S Screening: Categorisation) of this ESMF

document. Ideally, the E&S safeguard screening shall occur during the project

Operations Phase: Implementation of operations phase ESMP measures by project operation/owner; Compliance Monitoring by AFC/AfDB.

Construction Phase: Implementation of construction related measures in the ESMPs by the borrower; Compliance monitoring by AFC/AfDB.

Preconstruction Phase: Implementation of RAPs, Inclusion of relevant measures in the ESMP in the contractors’ contracts by the borrower; Compliance Monitoring by AFC/AfDB.

Review of ESIA by AFC/AfDB

Assessments and preparations of Plans by the borrower

E&S Screening by AFC/AfDB


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preparation stage as a soon as a fairly accurate site location is known for the sub-

project.

The results of the screening process will help identify the scope of the ESA studies

and timeframe required for obtaining the regulatory clearances (if any). The

formulation of the sub-project specific terms of reference will be done based on

the screening outputs highlighting E&S components that require detailed

assessment during the ESIA stage.

However, for this Program, E&S Screening will be undertaken after the 13 sub-

projects have provided requested initial E&S information (Stage 2 in the selection

process). It is anticipated that some of the sub-projects already have ESIAs and

other safeguards documents based on the Nigerian country safeguards system

and possible agencies other than AfDB and IFC. In such cases, E&S Screening to

be undertaken under this ESMF, aside from screening out high risks (Category A)

projects, will help identify remaining key issues that have not been adequately

addressed in the ESIA as well as any remaining requirements with respect to the

AfDB/IFC/GCF Standards.

8.4 Environmental and Social Impact Assessment (ESIA) Studies

For sub-projects that have not yet undergone an ESIA, the Program will use the

AfDB’s ESA as the tool for ensuring that E&S aspects are considered during

decision making – by influencing design to avoid /minimize, and where

unavoidable mitigating the residual adverse impacts and/or enhancing positive

impacts.

The outline contents for each ESIA under the sub-project shall be in accordance

with local legislation and also adhere to GCF, IFC and AfDB requirements.

The Environmental Assessment studies will take into accounts the lender

safeguard as well as the local requirements as outlined in the Nigerian

Environmental legislations. The typical scope of work for the preparation of ESIA

and related studies include the following:

i. Defining the scope and contents of ESA study in line with the already

completed screening, and the lender requirements

ii. Obtaining information from primary or secondary sources regarding the

current conditions of E&S features within the influence area of the sub-

project (review of baseline).


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iii. Carrying out effective stakeholder consultations, including along the

proposed sub-project impact zone. This shall also include landless laborers

/ marginalized communities whose livelihood may be impacted due to sub-

project.

iv. Identifying feasible alternatives for proposed layout changes, use of

alternative technologies, etc. in close collaboration with the Design team.

v. Identifying and estimating quantitatively (to the extent possible), key

impacts and classify these for ease of understanding and determination of

significance (by severity, duration, project phase, etc.)

vi. Selecting measures that can help manage these impacts in cost effective

manner – reduce the negative ones; and enhance positive ones and

estimate the residual impacts, including those that may need further study.

vii. Clarifying the institutional arrangements, any capacity building needs, and

resource requirements including grievance redress mechanism and

budget as part of the preparation of E&S management plan.

Having identified the probable adverse impacts, the next step shall involve

quantification of the impacts and develop E&S action plans to mitigate such

adverse impacts.

For sub-projects that already have ESIAs conducted under the Nigerian country

system and other agencies, the borrower will fill in the gaps with respect to the

requirements of the AfDB/IFC/GCF standards, including additional assessments,

management plans, consultations, documentation and specific management

measures, among others. These gaps and additional requirements will be

identified during the E&S Screening and ESIA review to be undertaken by AFC.

8.5 Environmental and Social Management for the Program

8.5.1 Environmental and Social Management Plans (ESMP)

Environmental and Social Management plans are the key tools to structure

projects to ensure that E & S impact mitigation measures are effectively

implemented during the construction, operational and decommissioning phases

of the project. They are also a key tool to support the process of monitoring the

environmental performance of a project throughout its lifecycle.

The borrower is required to take into account the findings of the E&S assessment

process and the outcomes of stakeholder engagement in order to develop and

implement a programme of actions to address the identified E&S impacts and


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issues of the project as well as to determine any performance improvement

measures to meet the required E&S standards.

Depending on the sub-project, the programme of actions may consist of a

combination of documented operational policies, management systems,

procedures, plans, practices and capital investments, collectively known as

Environmental and Social Management Plans (“ESMP”). Components of such

plans or programmes may include, for example, Environmental Management

Plan (EMP), Stakeholder Engagement Plans, Biodiversity Action Plans, Emergency

Response Plans, Resettlement Action Plans (RAP), Livelihood Restoration

Frameworks (LRF), Indigenous Peoples’ Development Plans, Human Rights Action

Plans, and/or other specific plans. These studies may be incorporated in the

relevant E&S Assessment document (e.g. ESIA), constituting the ESMP of the

report. Alternatively, these plans may be stand-alone documents.

Where the sub-project does not meet the requirements of the Program by

financial closure, despite efforts to comply during the project appraisal/review

period , the borrower and AFC will in addition to the ESMP agree on an

Environmental and Social Action Plan (ESAP) or a covenant, which spells out

technically and financially feasible and cost-effective measures for the sub-

project to achieve compliance with the safeguard requirements of the program

within a time frame acceptable to the AFC. The ESAP is the key tool to structure

projects to meet Program E&S requirements, as a key instrument for monitoring of

the sub-project’s ongoing E&S performance.

8.5.2 Other Instruments for E&S Management

A series of E&S instruments (templates) have been designed for use to systematize

the E&S activities that will be developed along the project cycle, organize the

processes, and keep records of the process.

The management instruments identified for the different stages of the sub-project

cycle are the:

i. Environmental and Social Screening Form (ESSF) (Annex 1A);

ii. Environmental and Social Monitoring Report (ESMR) (Annex 1B) ;

iii. Environmental and Social Final Report (ESFR) (Annex IC).

iv. Quarterly Environmental and Social Implementation reports (Annex 1C)

The ESSF, ESMR, and ESFR are internal tools to be used in daily routine activities,

while the Quarterly Implementation reports are external documents to be shared

with AFC and AfDB. Annex 1 contains templates of these internal management

instruments.


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The specific details of each of these reporting instruments are presented the table

below.

Table 8.3. ESMP Reporting Instruments

Project Stage Reporting

Instrument Description

Identification

Stage

Environmental

and Social

Screening Form

The ESSF is the first management instrument to be created by

the developers during the first stage of the project cycle

(Identification Stage) to identify the potential E&S risks, their

categorization, and the level of E&S studies required by the

sub-project to be conducted during the assessment stage.

Implementation

Stage

Environmental

and Social

Monitoring

Report

The report can be during works execution to follow up and

monitor the implementation of the E&S measures identified in

the ESMPs. The ESMR contains basic information about the

periodic field visits, the persons who visited the sub-project, the

E&S aspects observed during the site visit, and

recommendations for the developers/contractor.

Quarterly

Implementation

Reports

The Client will be required to prepare Quarterly

Implementation reports on the E&S performance of the

project, including updates on the implementation of the E&S

Management and/or Action Plans. The reports will be

submitted to the AFC and AfDB for review purposes.

Environmental

and Social Final

Report

The ESFR is the fourth and final management instrument and

can also be used once the sub-project’s works execution has

ended to verify compliance with the E&S measures agreed

upon in the plans.

8.5.3 Studies for environmental and social management

To comply with national environmental law and safeguards, all infrastructure

projects (such as those associated with the Program) must go through an E&S

assessment process.

8.5.4 Environmental and social studies required by national (Nigerian) legislations

The ESIAs to be undertaken for each of the sub-projects within the Program will

need to comply with all applicable E&S legislation in Nigeria.

8.5.5 Environmental and social studies required by the IFC Performance Standards

and AfDB Operational Safeguards

If policy or standards related to involuntary resettlement is triggered, a full

Resettlement/Compensation Action Plan or Abbreviated

Resettlement/Compensation Plan must be developed. The guidelines to prepare


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these instruments are found in the RPF presented as an annex to this ESMF (Annex

3).

The program will not fund projects that would displace, alter or render

inaccessible any cultural heritage site or structure. However, in case of chance

archaeological and/or paleontological finds during construction, the project is

required to develop and adopt, as part of its ESMP, a Chance Find Procedure

based on local and national laws and regulations. A Draft Chance Find

Procedure is included in Annex 1D.


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8.6 Environmental and Social Monitoring

This section of the ESMF outlines the approach to be used by AFC and AfDB for

monitoring E&S performance on selected sub-projects considered in the Program.

As the AE, AFC will have overall responsibility for the application for the risk

management tools detailed in this ESMF to the selected sub-projects. The E & S

tools to be applied will ultimately depend on the category assigned to the

selected sub-project.

The monitoring activities for each sub-project are determined on the basis of the

E&S risks and impacts associated with the sub-projects identified during the E&S

assessment. They may also reflect any significant stakeholder concerns and

include an E&S project completion review or audit, where relevant. As a minimum,

AFC reviews the Quarterly Implementation reports prepared by clients on the E&S

performance of the sub-project, including updates on the implementation of the

E&S Management and/or Action Plans. AFC may also, as necessary, undertake

site visits to review the compliance of the project with agreed E&S requirements.

Under the Program, with AFC as AE, external consultants may also be used to

ensure compliance with the ESMF requirements, as well as the safeguard

requirements of the AFC, GCF and AfDB.

If the client fails to comply with its E&S commitments, as set out in the legal

agreements, the AFC may agree with the client remedial measures to be taken

by the client to achieve compliance. If the client fails to comply with the agreed

remedial measures, AFC may take such action and/or exercise such remedies

contained in the financing agreements that it deems appropriate. AFC will also

review with the client any performance improvement opportunities related to

sub-projects.

On the other hand, monitoring arrangements for sub-projects proponents will be

categorized into two categories.

i. Firstly, routine E&S Monitoring reports which will be prepared during the

works execution to gauge for implementation of agreed

parameters/aspects in the mitigation plans.

ii. Secondly, Quarterly Monitoring reports, will be used.


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9 STAKEHOLDER ENGAGEMENT AND GRIEVANCE

MANAGEMENT

9.1 Stakeholders’ Consultation and Engagement The AFC and AfDB recognize the importance of open and transparent

engagement between clients, workers, local communities directly affected by

sub-projects and, where appropriate, other stakeholders as an essential element

of Good International Practice and corporate citizenship. Such engagement is

also a way of improving the E&S sustainability of sub-projects. In particular,

effective community engagement, appropriate to the nature and scale of the

sub-project, promotes sound and sustainable E&S performance and can lead to

improved financial, social and environmental outcomes, together with enhanced

community benefits.

Stakeholder engagement is central to building strong, constructive and

responsive relationships which are essential for the successful management of a

sub-project’s E&S impacts and issues.

In this Program, consultation shall be tailored to the language preferences of the

affected communities, their decision-making process, and the needs of

disadvantaged or vulnerable individuals or groups. The emphasis will be whether

the affected communities are “in support of the sub-project” and not about

whether there is a lack of opposition to a sub-project. Consultation will be

expected to provide opportunities for affected communities to express their views

on sub-project risks, impacts and mitigation and management measures, and

shall allow the borrower or client to consider and respond to them in ways that

facilitate the realization of community support.

As part of the realization of the sub-projects under the Program, proponents will

engage mechanisms to ensure Free, Prior and Informed Consultation (FPIC) has

been conducted, and Informed Consultation has been enabled throughout the

project cycle. FPIC and Informed Consultation shall be assessed through a

number of factors and indicators including:

i. sub-project’s proponent strategy, policy or principles of engagement. This

will be detailed in the proponent’s ESMS

ii. stakeholders’ identification and analysis

iii. mechanism of community engagement

iv. consultation FPIC

v. information disclosure

vi. informed participation


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vii. vulnerable groups consultation and mitigation

viii. grievance mechanism-structure, procedure, and application

ix. feedback to the affected parties

Consultation will be considered an ongoing process, not just as a step in the

procedures for obtaining sub-project approval. It shall begin at the project

identification stage, or at least at an early stage during project preparation, and

shall continue throughout the life of the sub-project through to construction,

operation and decommissioning. As the Bank recognizes local requirements in

addressing E & S considerations, stakeholders’ consultation and engagement will

also incorporate the requirements of consultations when undertaking the ESA

studies as prescribed by Nigerian environmental legislation such as the EIA Act

Cap E12 LFN of 2004.

The results of the consultation should be adequately reflected in the project

design and in the project documentation. The affected communities are given

the opportunity to participate in key stages of project design and

implementation. Therefore, stakeholders will be consulted to obtain their input into

the preparation of the draft terms of reference of the E&S assessment and

associated Environmental Assessment studies ie. Draft ESIA report and summary

and the draft ESMP. Consultations will be conducted with the objective of

ensuring that the sub-project has broad community support and that affected

people endorse the proposed mitigation and management measures. When the

borrower or client has identified vulnerable communities that would potentially

be affected by the sub-project, the borrower/client engages in meaningful

informed consultation and participation with the vulnerable communities,

beginning as early as possible in the project cycle before the sub-project is

submitted for project financing approval.

The client, the AFC and the AfDB will make available to the public the ESIA

documents. The procedures require the public disclosure of summaries in

accordance with specified deadlines. The disclosure requirements for both the

AFC and AfDB, which must be met by the sub-projects are presented in Section

3.7.

9.2 Consultations Related to Involuntary Displacement A RAP or Abbreviated Resettlement Action Plan (ARAP) should be prepared

under a development approach that addresses the livelihoods and living

standards of displaced persons, as well as compensation for loss of assets, using a

participatory approach at all stages of project design and implementation. As

highlighted before, the sub-project is expected to have minimal displacement


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and thus only ARAP is anticipated to be used to address issues of involuntary

displacement.

Displaced persons and host communities should be meaningfully consulted early

in the planning process and encouraged to participate in the planning and

implementation of resettlement programs. The displaced persons should be

informed about their options and rights pertaining to resettlement. They should be

given genuine choices among technically and economically feasible

resettlement alternatives. In this regard, particular attention should be paid to the

location and scheduling of activities. In order for consultation to be meaningful,

information about the proposed sub-project and the plans regarding

resettlement and rehabilitation must be made available to local people and

national civil society organizations in a timely manner and in a form and manner

that is appropriate and understandable to local people. As well, careful attention

should be given to the organization of meetings. The feasibility of holding

separate women’s meetings and fair representation of female heads of

households, in addition to mixed meetings, should be explored. Also, the way in

which information is disseminated should be cautiously planned as levels of

literacy and networking may differ along gender lines.

Particular attention should be paid to the needs of disadvantaged groups among

those displaced, especially those below the poverty line, the landless, the elderly,

women and children, and ethnic, religious and linguistic minorities; including those

without legal title to assets, female-headed households. Appropriate assistance

must be provided to help these disadvantaged groups cope with the dislocation

and to improve their status. Provision of health care services, particularly for

pregnant women and infants, may be important during and after relocation to

prevent increases in morbidity and mortality due to malnutrition, the

psychological stress of being uprooted, and the increased risk of disease;

AFC will support borrower’s efforts on sub-projects involving involuntary

resettlement through:

i. assistance to the executing agencies to adopt and operationalise

objectives and principles of this policy;

ii. assistance in formulating and implementing resettlement policies, laws,

regulations, specific plans and strategies; and

iii. direct financing of the investment costs of resettlement.

AFC will also support the capacity building, as required of executing agencies to

plan and implement involuntary resettlement in all sub-projects and provide

technical assistance to strengthen the organizational, managerial and

implementation capacity of agencies responsible for resettlement including


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strengthening the environmental, social, economic and technical expertise of

these agencies.

9.3 Program Grievance Redress Mechanism (GRM) The Program will adopt the AfDB’s approach to resolving grievances on sub-

project interventions. This is described in Table 9.1 below:

Table .9.1. AfDB Grievance Redress Mechanism Approach

The AfDB defines project GRM as a systematic process for receiving, evaluating

and facilitating resolution of affected people’s project-related concerns,

complaints and grievances about the borrower’s/client’s social and

environmental performance on a project. AfDB requires its clients to be aware

of and respond to stakeholders’ concerns related to the project in a timely

manner. For this purpose, the client will establish an effective grievance

mechanism, process, or procedure to receive and facilitate resolution of

stakeholders’ concerns and grievances, in particular, about the client’s E&S

performance.

In OS 1, the Bank requires the borrower/client to establish a “credible,

independent and empowered local grievance and redress mechanism to

receive, facilitate and follow up on the resolution of the affected people’s

grievances and concerns regarding the E&S performance of the project. The

local grievance mechanism needs to be sufficiently independent, empowered

and accessible to the stakeholders at all times during project cycle and all

responses to grievances shall be recorded and included in project supervision

formats and reports.”

Some Bank operations may inevitably have the potential to impact the local

population’s well-being. The aim of a project GRM is, therefore, to enable

people fearing or suffering adverse impacts to be able to be heard and

assisted. People potentially or actually affected by a Bank-funded project need

a trusted way to voice and resolve project related concerns and the project

needs an effective way to address affected people’s concerns. The GRM

provides a structured and managed way of allowing the concerns of affected

people to be heard and addressed, including by the borrower’s/client’s project

management staff and in certain circumstances, by Bank staff.

The main advantages of establishing and maintaining an appropriate GRM

linked to a Bank-funded project are:

• Helping maintain good development conditions in the field, conducive

to harmonious, sustainable development.


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• Minimising the risk of violent or otherwise destructive behaviors, and the

associated economic and social costs.

• Helping to protect the most vulnerable local groups and individuals.

• Alleviating the risk of dispute or conflict escalation, such as cases being

brought to the Bank’s Independent Review Mechanism.

The process by which the GRM is designed should be integrated into the overall

approach to project preparation as prescribed in the Bank’s ISS. The Bank ISS

through its (IESIA) Guidelines Notes provides guidance on development and

Implementation of GRM. It should also be included in the concrete actions

required in the ESMP for Category 1 projects and on a case by case basis, for

Category 2 projects that exhibit specific potential social tensions, in particular

risks of mismanagement of compensation/resettlement schemes or the

presence of particularly vulnerable groups in the project’s area of influence.

a. Independent Review Mechanism (IRM) AfDB has also established its own accountability mechanism, the Independent

Review Mechanism (IRM). The IRM seeks to assess whether a Bank approved

project complies with relevant the AfDB’s ISS. The IRM makes itself accessible to

any group (a minimum of 2 persons living in the project’s area of influence)

actually or potentially negatively affected by a Bank-funded project. The IRM

reports to the Bank’s Board of Directors and is thus independent of Bank

management. So far, the IRM has received approximately six requests for

intervention. Based on the World Bank’s Inspection Panel experience, dating

back to 1993, which has processed 80 requests since then, the IRM is likely to

intensify its activities during the coming years.

The IRM has been set up by the Bank to achieve more transparency. It is also a

costly mechanism to trigger. The establishment of local GRMs can help to

alleviate the need for plaintiffs to resort to the IRM, while problem-solving can

be more rapidly and cost-effectively done locally. The cultural context in which

GRMs operate also helps to defuse complaints and to find appropriate and

commensurate solutions.

b. GRM at project level The GRM in the Program will be established under the guidance provided in the

Bank’s ISS through its IESIA Guidelines Notes. The first step is to determine the

primary goal of the GRM which would generally be to resolve specific

grievances in a manner that meets both project management and community

needs, but with important local variations. The scope of the grievances that

may legitimately be brought forward by the communities and/or individuals

affected shall be defined in advance. That scope will generally cover most, if

not all, of the issues raised in a typical E&S Assessment: natural resources,

pollution, cultural property, land acquisition, the income of resettled/displaced

populations, the welfare of vulnerable groups, etc.

The second step is to design the GRM by:


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1. Preparing a preliminary design.

2. Selecting ways and means to receive, register, assess and respond to

grievances.

3. Select grievance resolution approaches.

4. Design a means to track and monitor grievances.

5. Develop the grievance mechanism infrastructure.

6. Review and refine the design.

At sub-project level, within the Program, the design of GRM may be done with

the assistance of the specialized Independent consulting team as part of the

ESIA or associated studies and assessments. The GRM shall be designed based

on the following principles:

• Involvement of individuals of mixed levels and functions from the entity

(e.g., operations, environmental affairs, community relations, legal affairs,

contractors). Staffing the design team from just one function such as

community relations or human resources is unwise.

• The inclusion of a balanced group of representatives from the

community, representing the range of constituencies and demographics

that will be using the grievance mechanism, while keeping the team

small enough to be responsive.

• GRM Relying upon clear terms of reference and a work plan that outlines

team goals, roles, and responsibilities, level of decision-making authority,

reporting lines, tasks, time frame, and products.

• Making the use of multiple channels (e.g., face to face, phone

conversation, mail, text or e-mail, message on a dedicated website),

sensitive to cultural customs and traditional methods that may influence

or impede the expression of grievances.

• The existence of a central point of contact that will receive complaints

and log them into a central register.

• Existence and operation of designated complaint resolution staff.

• Processes for acknowledging the receipt of a grievance and informing

the complainant about the time frame in which a response can be

expected.

9.4 Appointing members of Grievance Redress Committees (GRC) The Program will involve the formulation of a Grievance Redress Committee

(GRC) at project level, i.e. GRM staff, for handling grievances. Generally, all

project staff, the management staff of agencies involved in the project, and

government administrators will take on grievance handling as a responsibility. The

GRC members should be qualified, experienced, and competent personnel who


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can win respect and confidence of the affected communities. It is also important

to maintain a gender balance within the GRMs. Criteria for selecting members of

GRCs could include the following:

• Knowledge of the project, its objectives, and outcomes

• Technical knowledge and expertise to understand project design and

requirements;

• Understanding of the social, economic, and cultural environments and the

dynamics of the communities;

• Capacity to absorb the issues dealt with and to contribute actively to

decision-making processes;

• Social recognition and standing; and

• equitable representation of males and females.

The GRC at project level shall constitute among other members, an officer from

the Local Government Authority, Village or Community Heads, Project

Coordinator, a member from a recognized Non-Government Organization and a

community representative. The GRC shall have the right to request the project

technical staff, and officers from relevant state or non-state institutions to attend

the meetings and provide information. A complainant has the right to appear in

person, to be accompanied by a community member, and/or to request to be

represented by a community elder. GRCs shall be established at the project level

to assure accessibility for Project Affected Persons.

9.5 Procedures, complaints channels and time frame for Grievance

Redress Mechanisms As there is no ideal model or one‐size‐fits‐all approach to grievance resolution, the

best solutions to conflicts are generally achieved through localized mechanisms

that take account of the specific issues, cultural context, local customs, and

project conditions and scale. The process by which a complaint will be accepted

or rejected needs shall be carefully designed and shall maximise interactivity and

cultural sensitivity. The acceptance/rejection of a complaint will go through a

discussion stage where the plaintiff and the GRM staff interact on the grounds

and motives of the complaint, after which the plaintiff should clearly and

transparently be told whether or not the complaint is eligible and will be

processed. The acceptance/rejection of the complaint shall be based on

objective criteria that are posted by the GRC, including a written copy displayed

in the public access area of the GRM in an appropriate language.

The processing of the complaint, if accepted should go through various phases:


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• Filing of the complaint and labeling with an identification code

communicated immediately to the plaintiff.

• Assessment of the complaint (including severity of the risk/impact).

• Formulation of the response.

Selection of the grievance resolution approach is a key. There are four general

approaches to choose from:

• The project’s management proposes a solution.

• The community and the project’s management decide together.

• The project’s management and the community defer to a third party to

decide.

• The project’s management and the community utilize traditional or

customary practices to reach a solution.

AfDB’s ISS recommends the application of a “Decide together” approach that is

usually the most accessible, natural and unthreatening ways for communities and

a project’s management to resolve differences. With the potential to resolve

perhaps the majority of all grievances, “decide together” should be the center-

piece of any grievance mechanism’s resolution options. In its simplest form, a

grievance mechanism can be broken down into the following primary

components:

1. Receive and register a complaint.

2. Screen and validate the complaint (based on the nature and type of a

complaint).

3. Formulate a response.

4. Select a resolution approach, based on consultation with affected

person/group.

5. Implement the approach.

6. Settle the issues.

7. Track and evaluate results.

8. Learn from the experience and communicate back to all parties involved.

The time for the Grievance Redress Committees to be held shall be agreed and

documented, depending on the nature and severity of the complaint.

A number of mechanisms will be available to aggrieved parties to access redress.

These shall include institutions specific (internal) to a project and set up from its

inception or others that might have emerged over time in response to needs

identified while the project evolved. Other institutions which are already

established within a country’s judicial, administrative, and/or political systems and

exist outside a project shall also be used. These include the government


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bureaucracy; judicial institutions; and political institutions such as Local

Government Authorities,

etc. In addition, the Bank itself sometimes shall provide a forum for grievance

redress. GRMs shall include avenues for resolving conflicts between APs or other

stakeholders and can provide information sought by the public on the project.

The channels of presenting complaints could include the presentation of

complaints via third parties (e.g., village elites/traditional leaders, community‐

based organizations, lawyers, non-government organizations [NGOs], etc.); face‐

to‐face meetings; facsimile, telephone, and email communications; written

complaints; etc.

The sub‐projects to be implemented under the Program are mainly in the northern

part of Nigeria with potentially similar E&S contexts. It is therefore expected that

as part of the implementation of sub-projects within the Program, simpler means

of addressing complaints, such as through community meetings, community

liaison personnel and suggestion boxes allowing for anonymity shall also be used

along with other recommended channels.

If the complainant is not satisfied, the complainant will have to appeal to the

National Project Coordinator under AFC’s AE status.

9.6 Stakeholder Engagement Activities during the preparation of the

ESMF

9.6.1 Stakeholders Consulted

As part of the preparation of the ESMF, stakeholder engagement activities were

undertaken with a number of stakeholders at Federal, Regional and local level.

Consultation was also undertaken with a number of Civil Society Organizations

(CSO). The CSOs were purposively selected based on their core areas of interest

in renewable energy and positive climate action in Northern Nigeria.

A summary of the stakeholders consulted is provided in Table .9.22 below.

Table .9.2. Categories of stakeholders consulted during the preparation of the ESMF

Stakeholder Mandate Objective of

Consultation

Government Agencies

1 Federal Ministry of Environment,

FMEnv

Drive E&S process in Nigeria and

grants approvals

Verify the status of the 13

projects and take into

consideration the E& S

issues of the Solar IPP

program from FMEnv’s

view.


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Stakeholder Mandate Objective of

Consultation

2

State Ministry of Environments

(only a few with known contact

details were approached. There

is the need to undertake more

detailed sub-project specific

consultation)

Participate in the E&S process as

stakeholders at state level

Verify the status of the 13

projects and take into

consideration the E& S

issues of the Solar IPP

program from State

Ministry of Environment’s

view. 3 Local Government Councils

4 Environment Unit (Transmission

Company of Nigeria)

Participate and Supervise the

E&S process of power projects in

Nigeria

Identify E&S issues from

TCN’s perspective

5

Renewable and rural power

access Department (Ministry of

Power, works and Housing)

Support the development of RE

and access to power in rural

areas

Identify E&S issues from

the ministry’s

perspective

6 Nigeria Electricity Management

Services Agency

Carry out the Functions of

Enforcement of Technical

Standards and Regulations,

Technical Inspection, Testing

and Certification of All

Categories of Electrical

Installations, Electricity Meters

and Instruments to ensure the

Efficient Production and Delivery

of Safe, Reliable and

Sustainable Electricity Power

Supply and Guarantee safety of

Lives and Property in the

Nigerian Electricity Supply

Industry

Identify E&S issues as well

as safety concerns from

the view of the agency

Civil Society Organisations

Based on the mandate

of these CSOs, identify

and take into

cognizance E&S

concern that may arise

from project and sub-

projects

implementation.

7 International Centre for Energy

Environment and Development

Development of the energy

sector with strong premium on

environment and development

8 Nigeria Climate Action Network

Promote government and

individual action to combat

climate change.

9

Alliance for Civil Society

organisations for clean energy

access

Encourage the development of

clean energy to cut down

emissions

10 Empower to Empower

Provision of sustainable

livelihood for women and girls,

especially those in the rural

areas

11 Renewable Energy Association

of Nigeria

Develop the Renewable Energy

Sector

Specific consultation was not undertaken with PAPs at project level because this

will be done as part of the specific ESIAs of the sub-projects. In addition, avoiding

consultations with PAPs from any one site of the potential sub-projects will

eliminate bias.


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9.6.2 Summary of the outcomes of the engagements

As part of the stakeholder engagement process, consultation was undertaken

with the entities set out below.

Table 9.3. Specific details of stakeholder engagements undertaken

S/N Entity date Person Contacted Designation

1 Federal Ministry of

Environment (FMEnv)

04/12/2018 Mr. J.A Alonge Director EA Department

03/12/2018 Mr. Abass Suleiman Deputy Director EIA

05/12/2018 Mrs Odetoro Deputy Director

2 Jigawa State Ministry

of Environment 03/12/2018 Alhaji Aliyu Hadejia Assistant Director

3 Dutse Local Council,

Jigawa State 03/12/2018 Ayuba Ahmed Director of Works

4 Invest Jigawa 04/12/2018 Mrs Jamila Farouk Director

5 Kogi State Ministry of

Environment 04/12/2018 Mr. Samson Benu

Chief Environmental

Officer

6 Lokoja Local Council 04/12/2018 Mohammed Bochi

Lawal

Director Agric &

Environment

7 Kogi Investment and

Properties Ltd 04/12/2018 Mrs Obadaki Ag. Managing Director

8

Kaduna

Environmental

Protection Agency

04/12/2018 Dr Yusuf Rigasa Director General

9

Nigerian Electricity

Management

Services Agency

04/12/2018 Mr. John Obajimi Health and Safety Officer

10

Transmission

Company of Nigeria

05/12/2018 Mrs C.I.B Sako E&S Specialist

11

Renewable & Rural

Power Access

Department, Federal

Ministry of Power,

Works and Housing

05/12/2018 Engr. Ajeigbe A.

Jacob Assistant Director

12 Empower to

Empower 05/12/2108 Ms. Joy Ini Program Coordinator

A summary of the outcomes of the engagements undertaken with each of the

stakeholders including dates and communication means is presented Table 9.

below.


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Table 9.4. Summary of consultations undertaken during the development of the ESMF

S/N Entity date Person

Contacted

Means of

Communication E&S Issues of concern

1

Federal

Ministry of

Environment

(FMEnv)

04/12/2018 Mr. J.A Alonge Face-Face

meeting

• Land acquisition for the sub-project, issues of

compensation and livelihood restoration, the need to

engage the PAPs from project design and site

selection.

• Allowing PAPs to participate in determination of

mitigation for social issues through consultations.

• Waste Management should be considered from

project conception.

• Management of hazardous wastes should be

considered

• There is need for awareness across board.

• Implementation of Extended Producers Responsibility

and Individual Producer responsibilities.

• The role of regulators at National, State and Local

Levels should be considered and Capacity building for

monitoring and support should be considered for

agencies regulating the sub-projects.

03/12/2018 Mr. Abass

Suleiman

Face-Face

meeting

05/12/2018 Mrs Odetoro

Face-Face

meeting

2

Jigawa State

Ministry of

Environment

03/12/2018 Alhaji Aliyu

Hadejia

Telephone

Conversation

• Main issue has to do with land take and proper

identification of land owners as well as transparent

system of compensation

3

Dutse Local

Council,

Jigawa State

03/12/2018 Ayuba Ahmed Telephone

Conversation • Compensation for land taken for the sub-project

4 Invest Jigawa 04/12/2018 Mrs Jamila

Farouk

Telephone

Conversation

• Involvement of traditional institution and adequate

consultation with PAPs at project design state to avoid

friction over land take for sub-projects

5

Kogi State

Ministry of

Environment

04/12/2018 Mr. Samson

Benu

Telephone

Conversation

• Issues surrounding land acquisition for the projects

should be handled by project developers completely

before government allocation and granting of title

6 Lokoja Local

Council 04/12/2018

Mohammed

Bochi Lawal

Telephone

Conversation

• Issues surrounding the involvement of local council in

compensation for land as well as involvement of local

government in E&S monitoring because they are the

closest tier of government to the sub-projects


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S/N Entity date Person

Contacted

Means of

Communication E&S Issues of concern

7

Kogi

Investment

and

Properties Ltd

04/12/2018 Mrs Obadaki Telephone

conversation

• Loss of farmland should be properly compensated and

alternatives provided

8

Kaduna

Environmental

Protection

Agency

04/12/2018 Dr Yusuf Rigasa Telephone

Conversation

• Environmental concerns like pollution should be

considered in the choice of materials most especially

the PV modules as well as transformer oil.

9

Nigerian

Electricity

Management

Services

Agency

04/12/2018 Mr. John

Obajimi

Face to Face

Meeting

• Considerations of Health and Safety in project design

and implementation as well as in choice of electrical

installation.

• Ensuring that safety standard codes are adhered to.

Transmission

Company of

Nigeria

05/12/2018 Mrs C.I.B Sako Face to Face

Meeting

• Adherence to Environmental issues of concerns as

documented in the SESA that is being produced by

TCN

10

Renewable &

Rural Power

Access

Department,

Federal

Ministry of

Power, Works

and Housing

05/12/2018 Engr. Ajeigbe

A. Jacob

Face to Face

Meeting

• Conduct of Environmental Impact Assessment for the

projects should be made compulsory.

11 Empower to

Empower 05/12/2108 Ms. Joy Ini

Telephone

Conversation

• Women should be considered in sub-projects

implementation and CSR should from sub-projects

focus on women development


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10 ESMF IMPLEMENTATION AND MANAGEMENT

10.1 Institutional Arrangements for ESMF Implementation AFC will be responsible for the overall oversight of the Program implementation

and will report to GCF per the terms agreed under the Accreditation Master

Agreement (AMA) and to be agreed the Funded Activity Agreement (FAA). For

managing the GCF resources, AFC will maintain a separate account for the GCF

funds and independently administer the funds. It is envisaged that the AFC will be

the direct lender to the sub-projects under its capacity as an AE, and under one

Facility Agreement (alongside AfDB and other lenders) to each respective sub-

project.

Sub-projects within the Program will be considered for funding based on defined

selection criteria. AFC and AfDB will apply their credit evaluation, due diligence

and approval procedures in appraising potential clients, and only those sub-

projects qualified under agreed internal criteria will be eligible for investment

under this framework.

10.2 Roles and Responsibilities for Managing Environmental and Social

Requirements

10.2.1 Sub-project proponent’s role and responsibilities

For sub-projects that will be ultimately be selected for funding under the Program,

AFC will expect sub-project proponents to manage the E&S issues associated with

the sub-projects to meet the safeguard requirements detailed in this ESMF

throughout the entire project lifecycle.

It is also the client’s responsibility to ensure that adequate information is provided

so that the AFC (and AfDB) can undertake an E&S assessment in accordance

with their respective safeguard requirements. The client may be required to

commission appropriate E&S studies and conduct stakeholder engagement and

cover the costs of these. The client is also expected to allow AFC and AfDB

representatives and independent consultants to access sub-project facilities and

records.

10.2.2 AFC and AfDB’s role and responsibilities

Implementation teams for the Program will be constituted within AFC and other

financiers to the due diligence and execution of individual sub-projects, as well

as the management of the overall Program.


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The AFC team will be mobilized from a pool of investment officers (from within the

power sector team), portfolio managers and risk assessment officers (inclusive of

an E&S specialist) the same will be done by other senior lenders.

10.3 Institutional arrangements for the implementation of the ESMF For the implementation of the ESMF, institutional arrangements will be required.

The organizational framework for implementing the ESMF measures are set out

below in terms of defined roles and responsibilities.

10.3.1 Roles and responsibilities of Main Implementing Entity

The key players are the FMEnv, state governments and local authorities, the SPV

developers, the affected communities, and the independent advisor hired by the

SPV developers to conduct annual E&S review. They each have different roles

and responsibilities:

• Setting applicable E&S requirements (E&S requirement setting)

• Screening for E&S risk and impacts (E&S screening)

• E&S due diligence and risk management (E&S due diligence)

• E&S monitoring

• E&S reporting

• Independent E&S audit

The functions of the individual entities that are likely to be involved in the

implementation of the ESMP are summarized in

Table 10.1.

Table 10.1. Roles and Responsibilities of the Main Implementing entities

Entity Description

The Project

Coordination and

Management Unit

(PMU)

The unit will be the main implementing entity within AFC and AfDB. They will

provide overall coordination of the sub-project and lead in the

implementation of the program components, which will include overall

responsibility for safeguards due diligence, and compliance monitoring.

Further, PMU will be responsible for the overall coordination of the sub-project

implementation and oversight.

The AFC and AFC will ensure that as part of the ESMS to be developed by

the SPV developers for sub-projects considered under the program, E&S

safeguard specialists (including E & S Managers and Community Liaison

Officers) are included as part of the management team of the SPV. The

specific roles of the E & S resources in the SPVs of the sub-projects will include

the following:


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Entity Description

i. Overall oversight of the E&S risk assessment, management, and

monitoring processes in line with this ESMF, for each component of

the sub-project;

ii. Putting in place and implementing a reporting system from the SPV

entities to PMU on implementation of E&S requirements;

iii. Engaging an independent E&S auditor to ensure that private sector

entities are implementing E&S requirements set out in the ESMF

consistently;

iv. Assuming responsibility for stakeholders’ engagement, maintaining

adequate stakeholder engagement and grievance redress

mechanism and ensuring that private sector entities maintain the

same at their level. SPVs will establish a communication line between

its site offices and ensure project success on this aspect. It will also

facilitate liaisons with CBOs, CSO, NGOs and projected affected

communities, particularly women;

v. Designing, organizing and implementing capacity building

programs for all relevant stakeholders associated with the specific

sub-project.

vi. Defining, jointly with the respective states and local governments, the

project priorities based on technical and policy development

priorities (this will include gender and vulnerability issues);

vii. Resolving in consultation with the Provincial/local governments

challenges requiring high level intervention facing the sub-project;

and

viii. Monitoring the implementation of the sub-project in consultation with

the states and local governments.

Solar Power Plant

Developers (SPVs)

The developer (SPV) will plan and conduct the construction and is

responsible for complying with all relevant E&S requirements. Its

responsibilities include:

i. E&S requirement setting: SPV developers will incorporate application

E&S requirements in their institutional ESMS, that include national and

regional laws/policies and any requirement lenders.

ii. E&S screening: solar power project developers will:

a. Conduct the actual E&S screening based on all relevant

requirements, employing or hiring qualified E&S specialists, and

provide sufficient resources for such activities.

b. Determine key E&S risk and impacts of individual IPP sub-projects

and assign E&S category.

iii. E&S due diligence: solar power SPV developers will prepare and

integrate into project design the SEMP, the Stakeholder Engagement

Plan (SEP) and grievance mechanism.

iv. E&S monitoring: solar IPP developers will conduct self-monitoring

activities in line with their ESMS and main all monitoring records

properly.

v. E&S reporting: IPP solar plant developers will

a. Prepare annual E&S reports lenders reporting requirements;

b. Report any incident or accidents within several days of occurrence,

including any E&S fines, litigation, or other administrative/legal issues.

vi. E&S audit: solar IPP developers will provide all relevant reports and

documents to the independent E&S auditors in a timely manner upon

request.

The implementing

agencies of the sub-

They implement, monitor and follow-up the E&S measures of the sub-projects.

They also report on the execution of such measures.


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Entity Description

projects (AFC and

AfDB)

Federal Ministry of

Environment (FMEnv)

FMEnv reviews and approves the environmental classification of sub-projects

and approves the impact studies and the ESMPs of the sub-projects and

participates in the external monitoring of implementation. –

National

Environmental

Standards and

Regulations

Enforcement

Agency (NESREA)

NESREA is charged with the responsibility of enforcing all environmental laws,

guidelines, policies, standards and regulations in Nigeria. It also has the

responsibility to enforce compliance with provisions of international

agreements, protocols, conventions and treaties on the environment to

which Nigeria is a party.

EPC and O&M

Contractors

They implement the (contractual) mitigation measures as well as the E&S

clauses with the periodic production of reports on the implementation of

these measures.

Local and regional

authorities (Federal

Authorities):

They participate in project implementation through the pre-selection of the

sub-project sites, the identification of PAPs, the registration of complaints,

and the proximity follow-up of actions on the ground.

De-concentrated

technical services

Other sector Institutions/departments/Agencies related with community and

Natural resources such Land, Forestry, Water, Gender/Social protection):

they support the implementation of E&S measures on the ground in their

respective fields and provide support in monitoring and reporting.

Associations, NGOs

and local

populations

They support the implementation of the communication plan and the

prevention of conflicts.

10.4 Training and Capacity Strengthening Plan Based on the capacity assessment of the relevant Nigerian Federal and State

level MDAs, Civil Society Organizations, as well as other stakeholders carried out

during consultations, effective delivery of the sub-projects in relation to the

implementation and monitoring of the E & S risk mitigation measures throughout

the lifecycle of sub-projects may be hampered by limited technical skills and

resource constraints. Institutional barriers to effective delivery that are anticipated

include:

i. Limited knowledge on E&S Safeguards Systems;

ii. Limited knowledge on E&S issues relating to the Energy sector;

iii. Limited knowledge on ESMF implementation as well as project-specific

ESIAs and ESMPs especially during construction of sub-projects;

iv. Limited knowledge on Gender and vulnerability issues;

v. Limited knowledge of participatory governance and stakeholder’s

engagement.

For effective implementation of the ESMF, there will be need for technical

capacity in the human resource base of implementing institutions as well as

logistical facilitation. Implementers need to identify and understand the E&S issues

as concerns the implementation of sub-projects. Thus, to strengthen the


Page 134 of 218

respective roles and enhance robust collaboration with the relevant stakeholders,

the following areas for capacity building have been identified as deserving

attention for effective implementation of the ESMF.

The specific areas for effective training and institutional capacity needs are given

in Table 10.2 below. An indication of the anticipated costs for the implementation

of the capacity building program is also included in the table.


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Table 10.2. Proposed Training Programs for ESMF Implementation

Training Description Participants Form of

Training Duration When

Training to

be

conducte

d by who

Training

Organizin

g Agency

Training

Costs USD

AfDB’s Integrated Safeguard

System. Training on Operational

Safeguards Policies triggered

Federal and State

Ministries of Environment,

Ministry of Power (Dept of

Renewable & Rural Power

Assess), TCN, NESREA and

other project affiliated

MDAs in host States, SPVs,

CSOs

Worksho

p

1

Working

day

During

project

prepara

tory

stage

E & S

Safeguard

Consultan

t

AfDB/AFC 3,000

Gender Considerations (Equity,

Environmental, Social and other

sub-project specific issues of

concern affecting Women, Children

and other Vulnerable groups)

Federal and State







CSOs

Worksho

p

½

Working

day

During

project

prepara

tory

stage

E & S

Safeguard

Consultan

t

AfDB/AFC 2,000

Environment and Social Assessment:

E & S Process, E & S Considerations in

sub-project activities,

Environmental components

affected during construction and

operation stages;

Environmental management and

Best practice;

Stakeholder participation

Project Screening & Scoping

Physical Cultural Resources, SESA,

HIA e.t.c

Federal and State







CSOs

Worksho

p

1

Working

day

During

project

prepara

tory

stage

E & S

Safeguard

Consultan

t

AfDB/AFC 3,000


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Training Description Participants Form of

Training Duration When

Training to

be

conducte

d by who

Training

Organizin

g Agency

Training

Costs USD

Environmental due diligence:

ESMF/ESIA/ESMP Implementation,

Monitoring, Evaluation and

Reporting during construction of

sub-projects,

Federal and State







CSOs

Worksho

p

1

Working

day

During

project

prepara

tory

stage

E & S

Consultan

t

AfDB/AFC 3,000

Occupational Health and

Safety(OHS) Leadership

Management

Safety performance assessment

Hazard Analysis and Control

Hazard Communication Program

Effective Accident Investigation

Conducting Health and Safety

Audits

Job Hazard Analysis

Occupational Health Risk

Assessment

Work Stress Risk Assessment

Electrical safety

Fire Safety

Fall protection Plan

Fleet Safety Management

Federal and State




Assess), TCN, other project

affiliated MDAs in host

States, SPVs, CSOs

Worksho

p

1

Working

day

During

project

initiation

stage

(Before

comme

ncemen

t of civil

works)

HSE

Consultan

t

AfDB/AFC 4,000

Total 15,000

* Training cost is tentative, the actual training cost will be dependent on training locations, prevailing exchange rate

Actual costs will also depend on site selection as well as their locations which will help to focus more on specific

issues and Gender specificity based on sub-project locations.


Page 137 of 218

ANNEXES


Page 138 of 218

11 ANNEX 1. TEMPLATES FOR ENVIRONMENTAL AND SOCIAL

MANAGEMENT INSTRUMENTS • ANNEX 1A. Environmental and Social Screening Form

• ANNEX 1B. Environmental and Social Monitoring Report

• ANNEX 1C. Environmental and Social Final Report

• ANNEX 1D. Chance Find Procedure


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ANNEX 1A. E&S Screening Form

PART A: GENERAL INFORMATION

Project Name

Estimated Cost ( )

Project Site

Project Objectives

Proposed Main Project Activities

Name of Evaluator/s

Date of Field Appraisal

PART B: BRIEF DESCRIPTION OF THE PROPOSED ACTIVITIES

Provide information on the type and scale of the construction/rehabilitation activity (e.g., area,

land required and approximate size of structures)

Provide information on the construction activities including support/ancillary structures and

activities required to build them, e.g., need to quarry or excavate borrow materials, water source,

access roads, etc.

Describe how the construction/rehabilitation activities will be carried out. Include a description of

support/activities and resources required for the construction/rehabilitation.

PART C: E&S ELIGIBILITY CRITERIA

Criterion Yes or No

1. Would the project displace or involve relocation of more than 50

homes or a population of 200 or more?

2. Would the project encroach or be located inside a protected area

of natural habitat?

3. Would the project displace, modify or render inaccessible a Cultural

Heritage site or structure?

4. Would the project be located in the territory of any historically

underserved traditional ethnic community or indigenous people (as

defined by World Bank OP 4.10) territory, but that the project would

not benefit them in terms of access to electricity or in terms or in

terms of some other plans?

5. Is the project assessed to be Category A based on Part E of this

form?

If the answer to at least one of these questions is yes, then the sub-project would not qualify for

funding under the Program. (The sub-project may be returned to the proponent for modification

to meet with the criteria.)


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PART D: SCREENING FORM FOR IDENTIFICATION OF AFDB OSS AND IFC PS TRIGGERED AND

IDENTIFICATION OF APPROPRIATE SAFEGUARD INSTRUMENT

AfDB OSs/IFC

Performance

Standard

Triggered

If YES

(Reason/details)

Safeguard

Instrument/Docume

nt Needed YES NO

PS1/OS1-

Environmental

Assessment and

Mgt of ES Risks and

Impacts

PS2/OS5 – Labor

and Working

Conditions

PS3/OS4 – Resource

Efficiency and

Pollution

PS4/OS5 -

Community Health,

Safety and Security

PS5/OS2 – Land

Acquisition and

Involuntary

Resettlement

PS6/OS3 -

Biodiveristy

Conservation and

Sustainable Mgt of

Living Natural Res.

PS7/OS1 –

Indigenous People

PS8/OS Cultural

Heritage

PART E. RISK CATEGORIZATION

Check the one that applies If answer is yes,

Would the project involve: activities with potential significant

adverse environmental and/or social risks and impacts that,

individually or cumulatively, are diverse, irreversible, or

unprecedented?

Project is Category A:

Not qualified for funding

under the program

Would the project involve: activities with potential limited adverse

environmental and/or social risks and impacts that individually or

cumulatively, are few, generally site-specific, largely reversible, and

readily addressed through mitigation measures?

The project is Category

B -

Safeguards Instruments

should be disclosed for

at least 30 days before

approval.

Would the project involve: only activities with minimal or no

adverse environmental and/or social risks and/or impacts?

Category C


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Guidance: The guidance for sub-project categorization and triggering OSs is available in the AfDB

ESAP document, Category 1, 2, 3 is equivalent to Category A, B, C respectively. E&S. Alternatively,

one can also refer to IFCs Note on E&S Categorization, Jan 1, 2012.)

Conclusion and Safeguards Instruments Required

The sub-project is classified as a Category ________ project as per AfDB’s ESAP, and the following

safeguard instruments will be prepared:

1. _______________________________________________________________________

2. _______________________________________________________________________

3. _______________________________________________________________________

4. _______________________________________________________________________

PART F: ENVIRONMENTAL AND SOCIAL BASELINE INFORMATION OF THE SUB-PROJECT SITE BRIEF

DESCRIPTION

Category of Baseline Information Description

GEOGRAPHICAL LOCATION

* Name of the Area

* Proposed location of the project (Include a sitemap of at

least 1:10,000 scale / or coordinates from GPS)

LAND RESOURCES

* Topography and Geology of the area

* Soils of the area

* Main land uses and economic activities

WATER RESOURCES

* Surface water resources (e.g., rivers, lakes, etc.) quantity and

Quality

CLIMATE

* Temperature

* Rainfall

SOCIAL

* Number of people potentially impacted

* Type and magnitude of impacts (i.e., impact on land,

structures, crops, standard of living)

* Socio-economic overview of persons impacted


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ANNEX 1B. Environmental and Social Monitoring Report

Project Name…………………………………………………………………………

E & S Category……………………………

Project Manager: …………………………………………………………………

Signature…………………………………….

Evaluator (E&S Expert): …………………………………………………………

Signature……………………………………

1. Environmental and Social Effects

Summary of the environmental effects of the sub-project predicted during

project planning.

2. Environmental and Social Effects Observed in the Field Visit

Summary of the environmental effects observed in the field visit:

- Predicted effects and nature of observation; and

- Unpredicted effects and nature of observation.

List of people participating in the field visit:

Name Institution Charge Sign

3. Compliance with the Environmental and Social Specification

Assessment of how the sub-project is complying with environmental design

specifications, including environmental protection and control, mitigation, and

reimbursement and compensation measures if any.

4. Results of the Field Visit

Provide results of the evaluation of specific biophysical and socioeconomic

effects, including deviations from baseline values if available.

5. Conclusions and Recommendations for Project Operation

Recommended adjustments to sub-project operations if any, including rationale

for the recommendations.


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6. Conclusions and Recommendations for Monitoring Program

Recommended adjustments to the monitoring program, if any, including

rationale for recommendations.

1. Other Observations, Recommendations, and Conclusions


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ANNEX 1C. Environmental and Social Final Report

Project Name…………………………………………………………………………

E & S Category……………………………

Project Manager: …………………………………………………………………

Signature…………………………………….

Evaluator (E&S Expert): …………………………………………………………

Signature……………………………………

1. Activities Realized

On (date) ___________, the final review of the E&S aspects corresponding to the

activity _________________________ was conducted to verify fulfilment of the

mitigation measures proposed for the sub-project, as well as to ascertain if other

negative impacts have appeared during the period in which the activity took

place. There was content the commission integrated by the following persons:

Name Institution Charge Sign

2. Background

Capture case record including dates, a brief narration of the problem and

recommendations from previous opportunities.

3. Results of the Examination

Describe in detail the conditions in which the mitigation measures were

developed, the grade of fulfilment, and current state, explaining when necessary

reasons why measures have not been completed. Completing the table below

will help visualize this information.

NO. Mitigation Measures

Triggered

Time still needed to

accomplish measures Observations

YES NO %


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3. Conclusions

Based on the examination, prepare conclusions regarding fulfilment of the

mitigation measures and recommendations.


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ANNEX 1D: Chance Find Procedure

The Chance Find Procedure is a step by step procedure which outlines what

needs to be done when sub-projects come across archaeological sites, historical

sites remains and objects, including graveyards and/when individual graves

during excavation or construction. This procedure relates to OS1 requirement and

IFC PS 8 on cultural heritage which addresses physical, cultural resources (PCR)

which are defined as movable or immovable objects, sites, structures that have

archaeological, paleontological, historical, architectural, religious, aesthetic, or

other cultural significance. Physical, cultural resources may be located in urban

or rural settings and may be above or below the ground.

Contracts for civil works involving excavations should normally incorporate

procedures for dealing with situations in which buried physical and cultural

resources (PCR) are found unexpectedly. The final form of these procedures will

depend upon the local regulatory environment, including any chance find

procedures already incorporated in legislation dealing with antiquities or

archaeology.

Note: The general guidance provided applies when there will be an

archaeologist on call. In exceptional situations in which excavations are being

carried out in PCR-rich areas such as a United Nations Educational, Scientific and

Cultural Organization World Heritage site, there will normally be an archaeologist

on site to monitor the excavations and make decisions. Such cases will require a

modified version of these procedures, to be agreed upon with the cultural

authorities.

A chance find procedure commonly contain the following elements.

1. PCR Definition

This section should define the types of PCR covered by the procedures. In some

cases, the chance find procedure is confined to archaeological finds; more

commonly it covers all types of PCR. In the absence of any other definition from

the local cultural authorities, the following definition could be used: “movable or

immovable objects, sites, structures or groups of structures having archaeological,

paleontological, historical, architectural, religious, aesthetic, or other cultural

significance.”

2. Ownership

This paragraph should state the identity of the owner of the artifacts found.

Depending on the circumstances, the owner could typically be the state, the


Page 147 of 218

government, a religious institution, the landowner, or it could be left for later

determination by the concerned authorities.

3. Recognition

This is the most difficult aspect to cover. As noted above, in PCR-sensitive areas,

the procedure may require the contractor to be accompanied by a specialist. In

other cases, the procedures may not specify how the contractor will recognize a

PCR and a clause may be requested by the contractor disclaiming liability.

4. Procedure upon Discovery

Suspension of Work

This paragraph may state that if a PCR is found during execution of the works, the

contractor shall cease activity. However, it should specify whether all works should

cease, or only the works immediately involved in the discovery, or, in some cases

where large buried structures may be expected, all works may be stopped within

a specified distance (for example, 50 meters) of the discovery. This issue should

be informed by a qualified archaeologist.

After stopping work, the contractor must immediately report the discovery to the

resident engineer. The contractor may not be entitled to claim compensation for

work suspension during this period.

The resident engineer may be entitled to suspend work and request that the

contractor provide excavations at the contractor’s expense if the engineer thinks

that a discovery was made and not reported.

Demarcation of the Discovery Site

With the approval of the resident engineer, the contractor is then required to

temporarily demarcate and limit access to the site.

Non-suspension of Work

The procedure upon discovery may help the resident engineer decide whether

the PCR can be removed and work can continue, for example, in cases where

the find is one coin.

Chance Find Report

The contractor should then, at the request of the resident engineer, and within a

specified time period, complete a Chance Find Report, recording:

• Date and time of discovery;

• Location of the discovery;


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• Description of the PCR;

• Estimated weight and dimensions of the PCR; and

• Temporary protection implemented.

The Chance Find Report should be submitted to the resident engineer and other

concerned parties as agreed upon with the cultural authority and in accordance

with national legislation. The resident engineer, or other party as agreed, is

required to inform the cultural authority accordingly.

Arrival and Actions of Cultural Authority

The cultural authority ensures that a representative will arrive at the discovery site

within an agreed upon time, such as 24 hours and determines the action to be

taken. Such actions may include, but are not limited to:

• Removal of PCR deemed to be significant;

• Execution of further excavation within a specified distance of the discovery

point; or

• Extension or reduction of the area demarcated by the contractor.

These actions should be taken within a specified period, for example, seven days.

If the cultural authority fails to arrive within the stipulated period (for example, 24

hours), the resident engineer may have the authority to extend the period by a

further stipulated time.

If the cultural authority fails to arrive after the extension period, the resident

engineer may have the authority to instruct the contractor to remove the PCR or

undertake other mitigating measures and resume work. Such additional works

can be charged to the contract. However, the contractor may not be entitled to

claim compensation for work suspension during this period.

Further Suspension of Work

During this seven-day period, the cultural authority may be entitled to request the

temporary suspension of the work at or in the vicinity of the discovery site for an

additional period of up to, for example, 30 days.

The contractor may or may not be entitled to claim compensation for work

suspension during this period. However, the contractor will be entitled to establish

an agreement with the cultural authority for additional services or resources

during this further period under a separate contract with the cultural authority.


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12 ANNEX 2: GENERIC E & S MITIGATION AND ENHANCEMENT

MEASURES TO BE CONSIDERED FOR SUB-PROJECTS

Project


Social

Receptor


Pre-

construction

Phase

Social

(Human)

Environment

Land use

• Loss of

Agricultural/livestock/other

productive use land

• Loss of homes, structures

other than homes, crops

and economic trees • Conflicts between farmers

and pastoralists with regard

to land

• Grievances due to land

resettlement and

compensation;

Preparation and

implementation of land

acquisition and resettlement

action plan in accordance

with the RPF (Annex 3)

Implementation of the RAP

which provides, among others,

the following:

Assessment of the initial value

of land improvements,

structures and crops;

Provision of compensation to

project affected people (PAP)

based on replacement cost

value of lost assets (i.e. no

depreciation).

Provision of

resettlement/relocation option

for those whose entire homes

are displaced.

Provides for differentiated

treatment/assistance to

vulnerable PAPs.

Construction

Phase

Biophysical

Environment Soils, Run-off and flooding

• Pollution of groundwater

from discharges and

accidental releases during

construction of solar farm,

access roads and

transmission lines.




workforce.

• Interruption of drainage

patterns and lack of water

table replenishment, as a

result of ground clearance

and earthworks

Minimization of cleared areas

and soil disturbance, with

revegetation as soon as

feasible, with native species

Early installation and regular

maintenance of drainage and

diversion structures, silt traps

etc.; drainage outlets to

discharge into vegetated


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Project


Social

Receptor


areas if possible; vegetation

along watercourses and

drainage lines to be retained if

possible

Avoidance of areas liable to

flooding, slope instability and

water crossing where possible

Retention of top soil for

restoration (including tilling

and revegetation) as soon as

practicable.


• Drainage of construction

site /camp sewage

effluent polluting

watercourses.




workforce.

• Release of hazardous

substances during

construction, operation

(e.g. vehicle spills) leading

to soil, surface or

groundwater

contamination.

Materials handling and control

procedures

Control of construction vehicle

movements and prohibition of

vehicle washing in

watercourses, and similar

practices

Emergency response plans

during construction

(contractors and local

authorities) and operation

(local authorities)

Air Quality

• Dust from construction,

and other emissions during

construction and

operation (e.g. wildfires),

could affect human

health, crops and wildlife


facilities

Dust control and suppression

measures

Modern equipment with

meeting appropriate emissions

standards and regular

preventative maintenance

No use of ozone depleting

substances during

construction

Noise and vibration

• Noise and vibration from

equipment, traffic and

activities during

construction solar farm,

access roads and

transmission lines (and

maintenance) at sites and

associated facilities, may

disturb sensitive noise


facilities

Use of modern equipment

fitted with abatement devices

(e.g mufflers, noise

enclosures): good

maintenance regime

Strict controls of timing of

activities e.g any activities with


Page 151 of 218

Project


Social

Receptor


receptors (human and

fauna)

high noise emission; prohibition

on night working

Observance of seasonal

sensitivities ( e.g. breeding

seasons ), and alteration of

activity to reduce noise levels

at that time

Speed controls and other

traffic calming measures to

prevent excessive speed

around settlements/sensitive

receptors.

Resources and waste

• Construction and

operation will require

supply of water from

surface or groundwater,

which could affect existing

supply for human

communities and

ecosystems

Water supply prior to any

abstraction, to inform a

sustainable water

management plan

No abstraction without prior

approval of relevant

authorities at all locations





recycling.

• Water requirements may

be high for

large/concentration solar

power plants (cooling

water is required for solar

concentration devices).

The use of a dry cooling

system instead of a wet

cooling system for

concentrated solar power

plants will reduces water

requirements





recycling

• Inefficient waste

management during

construction and

maintenance leading to

excess materials

consumption, generation

of wastes/emissions, soil

and water pollution

Preparation of waste

management plan following

the waste hierarchy,

supported by staff training

Use of authorised contractors

for hazardous and any other

wastes which the sub-project

cannot dispose of safely

• Loss, fragmentation and

degradation of habitat,

and severance of animal

migration routes and

pathways

Careful siting of all sub-project



specialists


Page 152 of 218

Project


Social

Receptor


• Land clearance for the

solar power plant and

upgrade/expansion of

existing plants may cause

loss or fragmentation of

protected areas and other

areas of conservation

interest and degradation

following poorly managed

rehabilitation.

Strict avoidance of sensitive

areas, critical natural habitats,

and protected natural habitat

or sub-project locations where

activities would adversely

affect rare and endangered

animal species.

Wherever feasible,

establishment of buffer zones

around conservation areas,

watercourses and other

location identified as

ecologically sensitive and

avoidance or minimisation of

activity within these zones

Rehabilitation of cleared

areas with native species, and

ecosystem restoration in

habitat of conservation value,

using specialist advice and

input backed up by a long-

term monitoring programme

and corrective actions as

necessary.

• Severance of terrestrial

routes and watercourses

used for migration or for

access to feeding and

breeding areas (e.g. by

access roads )

Sensitive siting based on good

understanding of physical and

biological baseline conditions

Wildlife crossings for terrestrial

animals and design of

culverts/crossing structures to

avoid impacts on aquatic

animal movement.

• Construction (and to a

lesser extent operational

impacts) on habitats and

species from habitat

alteration and

degradation (e.g. from

changes in drainage, soil

erosion, pollution of water,

soils or air, introduction of

invasive species and

general human

disturbance )

Where development in

sensitive areas cannot be

avoided, mitigation may

include:

Minimisation of area

impacted, clear demarcation

of remaining intact areas of

habitat, and prohibition

activity into those areas for

any purpose

No ground clearance

upstream of sensitive areas

unless appropriately

engineered drainage installed

Habitat rehabilitation and

ecosystem restoration of areas


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Project


Social

Receptor


no longer required after

construction, as soon as

possible

If loss of critical habitat is

inevitable,

development/implementation

of an offsets programme





below

Direct impacts on flora and

fauna

• Clearance of vegetation

may lead to loss of plant

species and habitat of

conservation interest

Careful site selection and

siting of all sub-project

components with advice from


specialists



activities


of species of conservation

interest in work areas here

possible, otherwise transfer to

other suitable location if

possible, under expert

supervision





below

• Solar power plants could

displace animals and

disturb their habitats, by

direct disturbance during

construction and

operation (e.g. from noise,

light disturbance at night,

general human presence)

Careful siting of all sub-project



specialists



activities


of areas of conservation of

interest (high value, species,



Invasive Species

• Movement of plant from

the arrival of workforce

into areas could introduce

invasive species which

• Invasive Species

Management Plan, which

should be developed and

implemented in

consultation with


Page 154 of 218

Project


Social

Receptor


adversely impact fauna,

flora, ecosystems, and

crops.

authorities, including

appropriate eradication

measures for different

species/groups of species.

• Staff training and

awareness raising in

communities.

• No introduction of exotic

species (e.g. for site

rehabilitation) without

specialist vetting and

government approval.

Social

(Human)

Environment

Physical and Economic

Displacement of People,

Property, Assets and

Resources

• Development of solar

power plants, especially

large ones, may physically

displace people, or lead

to the loss of assets, e.g.

land of agricultural or

other beneficial use

• Initial site selection taking

into account original land

use, preferentially

selecting land of minimal

value.

• Comparison of alternative

locations.

• Careful siting of all sub-

project components,, and

avoid occupation of areas

which are inhabited or

regarded as of high value

by communities (e.g.

horticulture, community

orchards) where possible.

• Early development and

sensitive implementation

of resettlement planning,

in accordance with

national regulations and

international good

practice to compensate

for any losses (both

physical and economic.).

• Adoption of a Stakeholder

Engagement Plan, as a

framework for early and

ongoing community

consultation.


Grievance Procedure (see

Grievance Procedure and

Redress Mechanisms

guidance note).

Cultural Heritage

• Displacement or damage

to cultural heritage sites by

• Strict avoidance of

locations where the sub-

project would displace,


Page 155 of 218

Project


Social

Receptor


construction activities,

harm to the setting,

amenity value, etc. of the

site.

alter or render inaccessible

important cultural heritage

sites, including historical

sites/monumnments,

graves, churches and

mosques.

• Transparent and culturally

appropriate

communication with

communities regarding

employment opportunities.

• Fair and transparent hiring

and staff management

procedures.

• Development of measures

to manage the transition

after construction is

complete, including SME

development, ongoing

opportunities for the

workforce in road

management and

maintenance, reskilling

and alternative

employment.

• Careful siting, taking

account of community

consultation and if

appropriate specialist

surveys.


“Chance Finds” procedure

during construction.

Community Health, Safety

and Security

• Poor construction

management practices

may lead to adverse

effects on safety, human

health and wellbeing.

• Procedures for sustainable

local procurement, in

consultation with local

authorities and community

leaders.

• Local capacity building to

foster community

resilience.

• Interaction between in-

migrant construction

workers and local

communities may increase

occurrence of

communicable diseases,

including HIV/AIDS and

• Good construction site

“housekeeping” and

management procedures

(including site access).

• Disease control measures,

e.g. no pools of standing


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Project


Social

Receptor


sexually transmitted

diseases (STDs).

water, rodent control,

treatment of water.

• Risk assessments and

emergency response

planning to consider

impacts on local

communities.

• Also see measures under

Soils, Run-off and Flooding,

and Pollution of Soils and

Water above.


health management

system for the construction

workforce, to ensure it is fit

for work and that it will not

introduce disease into

local communities.

• Training and awareness

training for workforce and

their dependents on

HIV/AIDS and other STDs,

and communicable

diseases including malaria;

health awareness raising

campaigns for

communities on similar

topics.

Landscape and visual impacts

• The solar power plant,

especially if large, could

generate negative

landscape impacts.

• Careful siting.

• Landscaping design by

qualified personnel (e.g. a

landscape architect)

working closely with the

local communities and

other relevant parts of

government, e.g.

Department of Tourism.

Workforce-Community

Interactions

• Real or perceived

disruption to normal

community life, through

the physical presence of a

construction workforce.

• Conflicts and increased

criminality, including

possible increased in

sexual assault on women

• Works procedures, defining

a Code of Appropriate

Conduct for all workers

• Training for all of

construction workforce,

and subsequently of

permanent staff, in

acceptable behaviour

with respect to community

interactions.

• Contractors should

maintain good community


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Project


Social

Receptor


relations, undertake

periodic dialogues and

coordinate its activities

with the local

communities.

Operation

Phase

Biophysical

Environment

• Hazardous wastes from

damaged PV panels,

inverters and batteries;

• Soil contamination from

release of hazardous

materials

• Groundwater contamination

from waste water and


• Over-extraction (depletion)

of ground water reserves for

operational activities

especially for panel washing

during dry seasons;

• Solar systems can pose risks to

wildlife especially birds that

may confuse solar panels

with water bodies. This could

result in the loss and

reduction of the local birds’

population;

• Implement Extended

Producers Responsibilities

and buy back clause on

the supply of PV panels,

inverters and Batteries

where the producers can

take them back and

dispose properly.

• Hazardous wastes should

be disposed through

licensed waste collector

with due diligence on their

final disposal.

• Installation of sewage

treatment to meet

required standards;

hygiene training for

workforce.

• Activities capable of

contaminating ground

water through the use of

hazardous chemicals shall

be carried out at the

appropriate places mostly

on impervious surfaces.

• Demarcation and

avoidance of areas of

conservation of interest

(high value, species,



Social

(Human)

Environment

• Increased potential of fire

outbreaks due to failure of


• Potential for fire outbreak due


installations;

• Risks of occupational




electrocution and fall from

high positions.

• Ensure electrical installations

are carried out safely and

properly.

• Provide firefighting

equipment to cover all areas

of electrical installation

• Develop an Occupational

Health and Safety Manual

and make it available to all

workers.

• Implement the OHS manuals

and training s for workers on

its implementation.


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Project


Social

Receptor


• Risks of theft cases in

absence of adequate

security measures

• Local communities are

unable to benefit from the

electricity produced by the

project because local

communities are not

connected to the grid or not

served by electric utilities.

• Provide and enforce the use

of Personal Protective

Equipment

• Prepare and Implement sub-

project specific security plan

which will key into the

existing government security

architecture.

• Project operator to provide

alternative program to

enable local communities to

share with the benefits of the

sub-project.

Impacts Mitigation/Enhancement Measures

PRE-CONSTRUCTION AND CONSTRUCTION PHASES

Loss of farm land, land-based

livelihood including crops and

economic trees

• Develop and implement RAP/ARAP/LRP as per AfDB requirements

to compensate affected persons.

• Avoid forced eviction of farmers from their farmlands.

• Ensure all issues relating to compensation are handled in a

transparent, consistent and equitable manner.

• Engage affected persons throughout the process of land

acquisition.

• Ensure affected land owners are adequately compensated for loss

of land and economic crops at full replacement cost.

• Provide employment opportunities to affected persons and

communities.

• Establish a grievance mechanism to receive and address specific

concerns about compensation.

• Develop a chance find procedure unforeseen ancestral site

• Ensure that traditional worship and shrine sites are carved out of

proposed sub-project site and access to the place not restricted to

the people

Grievance and conflicts over

land resettlement &

compensation.

Reduction in food production

and economic benefits

Deterioration of local air

quality due to the release of

fugitive dusts.

• Use water to wet ground for dust suppression.

• Conduct regular visual inspection of dust pollution and ensure

appropriate intervention if dust levels are high.

• Pave access roads with gravel to minimize release of dust.

• Ensure regular maintenance of vehicles and other heavy

equipment to ensure efficient combustion and minimal emissions.

• Enforce speed limits to reduce airborne fugitive dusts.

• Train drivers/ workers on proper operation of vehicles and

equipment to include fuel efficiency and anti-idling techniques.

Noise and vibration

disturbances from operation

• Restrict all haulage and noise generating activities to working hours

during the day when noise is better tolerated.


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of machineries and motorized

equipment.

• Select and use (where feasible) vehicles and equipment with lower

sound power levels.

• Install suitable mufflers on engine exhausts and compressor

components.

• Ensure the maintenance of all equipment in accordance to

manufacturer’s specifications.

• Enforce appropriate speed limit to reduce vehicle noise levels.

• Respond promptly to noise complaints.

• Provide and enforce the usage of hearing protection devices (ear

plugs/muffs) for workers.

Increased security risks due to

storage of materials and

equipment on site

• Fence solar facilities from surrounding communities.

• Install CCTV surveillance system.

• Deploy competent security personnel to secure sub-project site.

• Provide adequate training of security personnel.

• Disclose on-site security arrangements to the public especially

members of nearby communities

Traffic congestions and risks of

road traffic accidents and

injuries.

• Ensure regular maintenance of vehicles to minimize potentially

serious accidents caused by equipment malfunction or premature

failure.

• Engage drivers with appropriate class of driving license and at least

three years of driving experience.

• Train drivers on defensive driving techniques, haulage safety and

pedestrian safety.

• Develop and implement a Traffic Management Plan (TMP).

• Use appropriate signage to warn drivers and road users especially

on site access road.

• Ensure coordination with emergency agencies to ensure that

appropriate first aid is provided in the event of accidents.

• Where possible, use locally sourced materials to minimize transport

distances.

Loss of vegetation and

natural habitat

• Restrict removal of vegetation and trees to the boundary of sub-

project site only;

• Retain all short (<18 cm) native vegetation;

• Protect all vegetation not required to be removed against

damage; and

• Undertake quick re vegetation of exposed soils with indigenous

plant species.

• Use erosion protection structures such as sediment traps, riprap,

gabions etc.

Loss of ecosystem services

such as fuel wood and

economic trees

Predisposition to soil erosion

due to the removal of vegetal

cover and exposure of soil

surfaces to rain and wind.


project site only.


damage;

• Undertake quick re vegetation of exposed soils.


Page 160 of 218



gabions, etc.

Failure to use resident labour

during construction could

create frustrations/

community tensions and even

local conflicts that may result

into vandalism, sabotage,

looting or destruction/

degradation of infrastructure

and equipment.

• Develop and implement Local Employment and Procurement

Policy.

• Ensure engagement of local workers.

• Ensure compliance with national and international labour law.

• Ensure due diligence and adherence to the required local content

policy.

Occupational related


workers including struck by,

exposure to dangerous

animals, noise exposure etc

• Develop a sub-project specific Occupational Health and Safety

Plan (OHSP) commensurate to the sub-project activities.

• Prohibit drug and alcohol use by workers while on the job.

• Provide adequate first aiders at site.

• Provide and enforce usage of appropriate PPE

Predisposition to soil erosion.


project site only.


damage;

• Undertake quick re vegetation of exposed soils.


gabions, etc.

Construction waste

generation.

• Develop and Implement a site-specific Waste Management Plan

(WMP) to prevent unregulated dumping of waste.

• Ensure that hazardous wastes are stored in properly labelled closed

containers placed away from direct sunlight, wind and rain.

• Provide secondary containment with 110% of storage containers

for hazardous waste.

• Ensure usage of government approved waste vendor.

Soil contamination from

leakage/spillage of fuel or oil

from equipment and vehicles.

• Prepare and implement an Emergency Response Plan to respond

to incident of spillage.

• Store fuels and other supplies for site construction activities in

designated area in the sub-project site.

• Ensure regular maintenance of vehicles to avoid leaks of motor oil,

hydraulic fluid and other hazardous materials.



Construction of access roads

to enhance easy movement

of people and their farm

produce.

• Improve access roads by paving the surface to assure their

durability.

• Ensure adequate maintenance of the road to assure sustainability.

Direct and indirect Job

creation.


Policy.


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Stimulation of local and

regional socioeconomic

activities arising from

employment and award of

contracts.

• Ensure engagement and training of locals throughout project life

cycle.

• Ensure provision of contracts to local contractors.



policy.

• Ensure engagement and training of locals to operate and manage

the solar PV farm after construction.

Improved livelihood and

poverty reduction.

Risk of communicable

diseases such as STDs

including HIV/AIDS from influx

of temporary construction

workers.

• Provide education, guidance and counselling on HIV/AIDs and

other STIs for workers and community members.

Increase demand on existing

health and sanitation

infrastructure due to influx of

temporary workers and camp

followers.

• Develop a CSR program to support infrastructural development in

host communities.

Increased social vices/crimes

and dilution of indigenous

culture, norms and traditions

in nearby communities.

• Develop an induction program including a code of conduct for all

workers.

• Improve awareness and sensitivity of workers to local cultures,

traditions and lifestyles.

• Ensure affected communities are assisted and have a voice in

appropriation of mitigation measures.

• Develop and implement a grievance procedure and raising

awareness of grievance procedures amongst affected

communities.

• Provide a grievance register and grievance officer.

• Promote of the establishment of local vigilante groups at

community level in consultation with the Police authorities.

Risks of occupational


workers.




• Provide adequate first aid on site with trained personnel to

administer it.


• Restrict unauthorized access to all areas of high tension potential

to prevent electrocution.

• Establish “No Approach” zones around or under high voltage

power lines in conformance with TCN requirements.

• Use proper signage (In English and local languages) and

engineering barriers (e.g. fencing) to limit access to electrically

energized equipment and conductors in order to prevent access

to electrical hazards by unauthorized individuals.

Risk of electrocution to

workers.



workers including slip and fall,

ergonomics hazards and

other associated risks.

OPERATION PHASE


Page 162 of 218


Generation of renewable

electricity to boost national

power supply. • Ensure proper and prompt maintenance of sub-projects to ensure

sustainable electricity generation and supply. Avoidance of fossil fuel use

and reduced GHGs gas

emissions

Creation of employment and

business opportunities


Policy.

• Ensure engagement and training of locals throughout the life cycle

of the sub-project.



policy.

• Ensure award of contracts to local contractors.

Visual intrusion and disruption

to aesthetics

• Retain natural vegetation as much as possible within the solar

plant.

Risk of electrocution to

workers





• Restrict unauthorized access to all areas of high tension potential








Potential for fire outbreak due


installations

• Install appropriate fire safety and protection system and

equipment.

• Train workers on fire prevention techniques and the use of different

fire extinguishing agents and equipment for fire protection.

• Ensure routine inspection and prompt repair of any malfunctioning

electrical installations.

• Develop and implement Emergency Response and Contingency

Plan to respond to on-site emergency issues

Technology transfer and

training of sub-project staff on

solar power plant

management, operation and

maintenance.


Policy to cover the entire sub-project life cycle.

• Ensure engagement and training of locals to operate and manage

the solar PV farm after construction.

Increased revenue

generation to government

through permits & taxes

• Ensure payment of taxes to government as at when due.

• Demand tax clearance certificate and necessary permits before

awarding contract to local contractors.

Waste generation from used

batteries, spoilt/broken panels




Page 163 of 218


as well as domestic waste. • Develop a buy back agreement with manufacturers and suppliers

of batteries, panels and other materials that cannot be easily

disposed.

• Ensure that hazardous wastes are stored in properly labelled closed

containers placed away from direct sunlight, wind and rain.

• Provide secondary containment with 110% of storage containers

for hazardous waste.

• Ensure usage of government approved waste vendor.

Soil contamination from

transformer oil and other

petroleum products

• Prepare and implement an Emergency Response Plan to respond

to incident of spillage.

• Store fuels and other supplies for site construction activities in

designated area in the sub-project site.

• Ensure regular maintenance of vehicles to avoid leaks of motor oil,

hydraulic fluid and other hazardous materials.







electrocution, falls from

heights etc.






• Restrict unauthorized access to all areas of high-tension potential









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13 ANNEX 3: RESETTLEMENT POLICY FRAMEWORK

13.1 Introduction Nigeria has a population of over 180 million people and currently faces major

energy challenges with as much as 98 million people, ~55% of its citizens, lacking

access to grid-connected electricity as at the end of 2015. Even with an installed

capacity of ~11,165 MW as at December 2017, available daily generation

capacity has been erratic ranging from 3,000 MW to 5,000 MW due to gas,

transmission and distribution constraints. This is short of the required electricity to

supply its huge and growing population. This shortfall in generation capacity has

led to the proliferation of many individuals and businesses owning and using diesel

generators, which are inefficient and polluting. This has the resultant effect of

increasing GHG emissions in the country. Between the years 1990 through 2010,

the GHG emissions increased from 164 million tonnes (MT) CO2eq to 263MT

CO2eq. Population growth along with predicted economic growth is expected

to drive the GHG to over 900 MT CO2eq by 2030 The installed energy mix in Nigeria

is 26% from hydro and 74% from oil, gas and other fossil fuels, highlighting the

significant amount of room for growth of solar power within Nigeria’s installed

energy mix. It is estimated that that 100 litres of diesel is used to produce 1MWh

electricity. In relation to the Nigerian Solar IPP program, this could translate to a

proposed 100 MW solar PV project having a potential to displace the burning of

2.3million litres of diesel each year. Consequently, the proposed Nigerian Solar IPP

program will significantly reduce GHGs emissions in the sub-project areas and

ultimately reduce the carbon footprint of the nation.

Facing serious electricity supply deficit over many years, Federal Government of

Nigeria (“FGN is actively seeking to improve conditions for private investment in

the power and energy sector. Solar power is a critical component of the power

policy of the FGN who has reaffirmed its commitment to increasing renewable

energy capacity as a part of Nigeria’s Vision 2020. Overall, the Vision 2020

programme presents an ambitious goal of 35,000 MW by 2020, of which 10% is

targeted to be provided from renewable energy (3,500 MW).

To show its commitment to increasing generation and diversifying away from

thermal and hydro, the FGN through the Nigerian Bulk Electricity Trading Plc

(“NBET”), the off-taker, signed several utility scale solar Power Purchase

Agreements (PPAs) in July 2016 to supply ~1,125 MW of power to the Nigerian

power grid. The 14 IPP sub-projects, mostly located in the northern part of Nigeria

are expected to bring significant diversification from diesel generation sources. To

date, none of these sub-projects have been able to reach financial close.


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In support of the development and implementation of the Program, the Africa

Finance Corporation (“AFC”), an Africa focused infrastructure financing institution

with US$3.9 billion in total assets and US$4.4 billion in total disbursements and the

African Development Bank (“AfDB”), a pan-African development finance

institution with more than 80-member states and 54 regional member countries;

the two highest rated financial institutions in Africa, are together proposing to

work with the Green Climate Fund (“GCF”) on a Nigeria Solar Intervention

Program, which will catalyse the delivery of c.400MW of renewable power, (the

“Program”), ensuring the successful financing, construction and operations of the

first utility scale power projects in the country. The Program will consist of US$300

million to be equally provided by GCF, AfDB and AFC, and will provide

concessional debt alongside local financial institutions for the construction of 3 –

5 of the Program. Each of the 14 IPP’s will be required to submit relevant

documentation and those that meet the selection criteria will be shortlisted. The

intent is for debt to be provided alongside local financial institutions in order to

support an aggregate of sub-projects with total costs of up to US$467 million. The

Program is expected to reduce or avoid 476,487t CO2 eq on an annual basis

(9,529,739 t CO2 eq. over the life of the Program), at least 1 million households in

Northern Nigeria will be direct or indirect beneficiaries, reduce the perceived risks

of investing in the Nigerian renewable energy sector and catalyse private sector

investment in the sector.

As part of the E&S safeguards documentation required to support the AFC and

AfDB application for GCF funding, a Resettlement Policy Framework (RPF) is

required for the Program.

13.2 Program Description There is currently no utility scale solar IPP PV project in Nigeria. This Program is an

opportunity to spearhead the development of the first of such projects, which will

have significant demonstration effect to FGN and the energy and power market

in the country, with the seventh most populated country in the world (190 million)

according to the world population review

The main objective of the Program is to provide long term financing to selected

sub-projects within the Program. The Program offers a financing package to

selected projects meeting the selection criteria. Funding from the Program will be

used to incentivize sponsors to optimize their financial structures, the selection

criteria will incorporate a ranking that will benefit projects, which require less

concessional funding as a percentage of project cost.

Under the Program, it is envisaged that GCF’s funding amount will be transferred

to the AFC as governed by the FAA. The ‘transfer’ of funds will be structured as a


Page 166 of 218

loan between AFC and GCF, which AFC will subsequently on-lend15 to each of

the selected sub-projects. Thus, AFC will show as the lender of record for GCF

funds provided to each of the selected projects, albeit through a separate

tranche.

There are currently 14 solar IPP projects in Nigeria with a total generation capacity

of 1,175MW. Of these, a total of 13 are being considered for funding under the

Program. It is expected that 3 - 5 projects will be financed under this Program. No

other sub-projects outside the Program will be considered for funding.

Some technical details about the sub-projects is presented in Table 13.1. The

specific locations of the 13 projects (within the IPP projects) which are being

considered for funding under the Program are presented in Figure 13.1. Location

of 13 sub-projects being considered for funding under the Program

Additional details about sub-projects (including types of solar power energy,

design, technology, land requirements, stakeholders, etc) will be discussed in the

individual E & S documentation (e.g. ESIA, RAP, LRP, etc) once the sub-projects

selected for funding under this lending program have been identified.

Table 13.1. Summary of all the Solar IPPs signed by the Federal Government of Nigeria

Project / Project Company State Capacity

(MW)

Land

requirements

Financial

Close

1 Pan Africa Solar Katsina 75 120ha NO

2 Nigerian Solar Capital Partners Bauchi 100 TBC NO

3 Afrinegia Power Limited Nasarawa 50 TBC NO

4 KVK Power Limited Sokoto 50 178.9ha NO

5 Middle Band Solar One Kogi 100 TBC NO

6 Novia Scotia Power Development

Company

Jigawa 80 TBC NO

7 CT Cosmos Plateau 70 TBC NO

8 Oriental Renewable Solutions Jigawa 50 TBC NO

9 Quaint Abiba Power Kaduna 50 TBC NO

10 Anjeed Innova Group Kaduna 100 262.77ha NO

11 EN Africa Kaduna 50 150ha NO

15 As per the GCF E & S guidelines, the AFC in this transaction can be considered as a Financial Intermediary


Page 167 of 218

12 Motir Dusable Limited Enugu 100 N/A N/A

13 Nova Solar 5 Farm Limited Katsina 100 N/A N/A

14 LR Aaron Power Abuja 100 N/A N/A

*Project No 14 (LR Aaron Power) is not currently being considered for inclusion under the

Program.

TBC . To be confirmed. This implies that substantive sub-project information is not yet available.

The ESDD process to be deployed for selected sub-projects will be aligned to the processed

detailed in ESMF.

N/A. this is the sub-projects within the 14 Solar IPP program which will not be considered for

funding under the Program.


Page 168 of 218

Figure 13.1. Location of 13 sub-projects being considered for funding under the Program

The location of these sub-projects is significant for a variety of reasons:

g. The bulk of them are situated in areas with high irradiance

h. Apart from the positive environmental benefit associated with solar, solar is the

most feasible way of generating power in Northern Nigeria. Most of the main

Northern cities are located over 1,000 km from the main thermal power stations

in the Southern part of the country.


Page 169 of 218

i. Solar has the potential to provide power to the underserved load centers and

increase economic activity in Northern Nigeria.

j. With its location in Northern Nigeria, the Program has a key role in increasing

generation capacity in power-starved areas and catalyzing economic

development where the power shortage is the most severe with limited

generation options.

k. The bulk of the 13 sub-projects being considered under the Program are in the

predominantly Derived Savannah and Guinea Savannah areas in Northern

Nigeria which has high climate vulnerability, food insecurity, extensive

deforestation, and with high dependency of the population on biomass

energy as well as inefficient technologies which further aggravate the

vulnerability of livelihoods to climate risk.

l. Over 50% of the 13 sub-projects being considered for funding under the

Program are in the 10 poorest states in Nigeria.

There is the potential that some of the sub-projects being considered for the

funding program may result in local impacts associated with physical or

economic resettlement. At this stage, the specific sub-projects that will be

considered under the AFC-AfDB-GCF funding program has not yet been

decided. As such the most appropriate E&S safeguard instrument to be prepared

in compliance with the AFC, GCF and AfDB is the Resettlement Policy Framework

(RPF).

13.3 Rationale of the RPF This RPF defines the process by which potential sub-project resettlement impacts

leading to the need for an FRAP/ARAP or LRP will be screened, and impact

assessment and compensation measures developed and implemented. Once

the sub-projects, specific sites and the beneficiary communities have been

defined clearly, all sub-projects and activities will be screened and the

appropriate mitigation tools such as ESIAs ESMPs, ARAP or LRP will be developed

were applicable in line with applicable safeguard requirements. The screening

process will be aligned to the screening process outlined in ESMF Annex 1A

(presented in a separate submission).

This Resettlement Policy Framework (RPF) provides the necessary background to

ensure that any sub-projects that might involve land acquisition and/or

resettlement and loss of livelihoods of any people will comply with both Nigerian

law and the Bank's Operational Safeguards.

The RPF will prescribe the process from the preparation, through review and

approval to implementation of the sub-projects that will ensure that the


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substantive concerns of all AfDBs Operational Safeguards and relevant Nigerian

policy and legal frameworks will be adequately addressed.

For each sub-project considered for funding an FRAP or ARAP (as applicable) will

be prepared and submitted to the AFC and AfDB for approval once specific

information about land appropriation is available. The RPF describes the design

criteria for the resettlement of affected persons in the course of implementation

of the sub-project, the legal context, the process for the preparation of a RAP,

the content of a Plan, the process for its execution and finally the required

institutional organization.

13.4 Purpose of the Resettlement Policy Framework Involuntary resettlement involves the displacement of people arising from

development projects which encroach on their productive assets, cultural sites

and income sources such as land, grazing fields, other assets, etc. What

distinguishes involuntary from voluntary resettlement is that the former involves

people who may be displaced against their wishes, as they are often not the

initiators of their movement.

The implementation of the Program may trigger the involuntary resettlement

policy as minimal displacement is anticipated because land may be acquired

for sub-projects activity purposes and affected persons will need to be

compensated for loss of land, crops, dwellings and other structures, and

livelihoods.

This Resettlement Policy Framework (RPF) has therefore been prepared to

appropriately deal with matters such as the necessity for land acquisition,

compensation and resettlement of people affected by the implementation of

the sub-projects.

13.5 Objectives of the Resettlement Policy Framework

The overall objective of the RPF is to provide guidance on how to deal with issues

relating to land acquisition, compensation and resettlement during the

implementation of the sub-project. This will ensure that displaced and resettled

persons are compensated for their loss at replacement cost, given opportunities

to share in sub-project created benefits, and assisted with the move and during

the transition period at the resettlement site.

The specific objectives of the RPF are as follows:


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i. to minimize, as much as possible, acquisition of land for implementation

of sub-project components, where such acquisition or project related

activities will result in adverse social impacts,

ii. to ensure that where land acquisition is necessary, this is executed as

sustainable programs to enable people share in the project benefits,

iii. to ensure meaningful consultation with people to be affected or displaced;

and

iv. to provide assistance that will mitigate or restore the negative impacts

of the project implementation on the livelihoods of people affected in

order to improve their livelihoods or at least restore to pre-project levels.

v. outline roles and responsibilities by various stakeholders in the planning,

implementation, monitoring and evaluation of resettlement activities.

vi. Allow redress among communities affected by sub-project activities; and

vii. Reduce stress on sub-project affected communities/households.

The operational objective of the framework is to provide guidance to

stakeholders participating in the mitigation of adverse social impacts of the sub-

project, including rehabilitation/resettlement operations, in order to ensure that

PAPs will not be impoverished by the adverse social impacts of the project.

The target groups for the RPF are all the stakeholders relevant to the

implementation of the sub-projects to be considered for the Program. This

includes PAPs, communities and NGOs as applicable.

13.6 Legal and Administrative Framework governing resettlement in

Nigeria The legal framework relating to resettlement issues consists of the various pieces

of Nigeria legislation and AfDB Operational Safeguards (OS2) and IFC

Performance Standard 5.

The legal basis for resettlement in Nigeria is the Land Use Act of 1978, modified in

1990. According to the Act, all land in Nigeria is vested in the Governor of each

State, to be held in trust for the use and common benefit of all people. The

administration of urban land is directly under the control and management of the

Governor, whereas non-urban land is under the control and management of the

Local Government Authority. The Governor has the right to grant statutory rights

of occupancy to land while the Local government has the right to grant

customary rights of occupancy. Since the Land use Act gives to the State

ownership of all land, compensation by sub-projects is restricted to structures,

installations, and improvements on the land, not the land itself. However, the Act


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does require the State or Local Government to provide alternative land for

affected people who will lose farm land, residential (commercial/industrial) plots.

13.6.1 Land Use Act – 1978

The principal piece of legislation for the expropriation of land in Nigeria is the Land

Use Act, 1978 Cap L5, and Laws of the Federation of Nigeria (LFN) 2004. The law

establishes the legal framework for government expropriation of land from

individuals and communities, when it is required for “overriding public

interest/good”. It prescribes the circumstances under which the State can revoke

rights of occupancy to the land and the compensation provisions that are

required.

Before 1978, the principal land tenure systems differed in Northern Nigeria and

Southern Nigeria, with the Northern Nigeria Land Tenure System [NNLTS] and the

Southern Nigeria Land Tenure System [SNLTS]. Traditionally, NNLTS was based on

the premise that land belongs to the Government (i.e. no private ownership),

while the SNLTS was based on the premise that land belongs to communities,

families and individuals.

The Land Use Act came into force on 29th March 1978 and replaced all pre-

existing land tenure systems in Nigeria. The Act essentially does three things:

• It places land into two categories: urban land and non-urban land, as

designated by the Governor of a state wherein the land lies.

• It redefines title in land to be a right to occupy or use the land, rather than

to own it; namely:

o a statutory right or a deemed statutory right of occupancy for land

in urban areas; and

o a customary right or a deemed customary right of occupancy for

land in non-urban areas.

• It empowers the Governor of a state to revoke rights of occupancy.

There were several key repercussions as a result of the Act:

• There is now a common Land Tenure System throughout the country;

• Control and management of land is in the hands of Government;

• A system of registration of titles has been introduced and paper titles

(Certificates of Occupancy) are issued; and

• The process of acquiring land is deemed to have been simplified for

developers.

The most significant change in the land tenure system, brought about by the Land

Use Act, is the empowerment of the Governor of a state to revoke rights of


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occupancy compulsorily, for public purpose. Section 28(1) makes it lawful for the

Governor to revoke a right of occupancy for “overriding public interest”.

Sections 28 (2)(b) and (3)(a) define this to mean, among other things, “…the

requirement of the land by the state for public purposes within the state”. This

means that a governor can revoke the right of occupancy to land (i.e.

expropriate) for use either by the State, Local or Federal authority for overriding

public interests. As per the provisions of the Land Use Act, this can include

telecommunication, power projects, hospitals, market places, mining activities or

agricultural use etc. When rights of occupancy are subject to revocation in this

way, holders of rights of occupancy are, under the Land Use Act, entitled to

compensation.

However, this compensation is for the value of land improvements (“unexhausted

improvements”) at the date of revocation (section 29). In other words, PAPs are

not entitled to compensation for the land itself, but rather for improvements made

to that land. Depreciation is considered when assessing the value of these

improvements based on the national process of land-taking. The term

“unexhausted improvement” is defined in Section 51 of the Land Use Act as:

“anything of any quality permanently attached to the land directly resulting from

the expenditure of capital or labour by an occupier or any person acting on his

behalf and increasing the productive capacity the utility or the amenity thereof

and includes buildings, plantations of long lived crops or trees, fencing, wells,

roads and irrigation or reclamation works, but does not include the result or

ordinary cultivation other than growing produce.”

Where occupancy rights are not claimed by any one individual, the Act states

that the recipient of the compensation may be:

a. the community;

b. the chief or leader of the community, to be disposed of by him for the

benefit of the community in accordance with the applicable customary

law; or

c. a community fund, to then be utilised for the benefit of the community

(section 29(3)).

All rights of occupancy whether granted by the State or Local authority are

typically for a fixed tenure and not usually more than 99 years. A person may not

be entitled to compensation if the leasehold has expired.

The Land Use Act has provisions for compensation in kind, rather than cash,

through the provision of Resettlement Land. Section 33 of the Land Use Act

stipulates that, when alternative land has been given, compensation will be


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deemed to have been made. The concerned party is thereby prevented by law

from demanding further financial compensation.

The provision of Section 43 of the Constitution affirms the fundamental rights of

persons and communities to own and hold land or property. It stipulates that any

authority taking such land must do so in accordance with a law made in that

regard. Importantly, such authority is required to pay the affected party

compensation. Additionally, they must afford the right of access to the relevant

adjudicatory forum, where any grievances regarding the amount of

compensation to be paid and/or interest to the land in question, can be raised

and resolved.

13.6.2 Electric Power Sector Reform (EPSR) Act - 2005

This piece of legislation repeals and replaces the Decree 24 of 1972, to enhance

service delivery in all facets of its operation i.e. generation, transmission and

distribution.

The EPSR Act details the consultations Nigeria Electricity Regulatory Commission

(NERC) has to undertake with both the rights holders and Commissioner of Land

of relevant State of the Federation before land can be legally expropriated from

person and communities (Sections 77(1), (2) and (3) EPRS Act).

The EPSR Act affords rights holders and/or land occupiers to challenge the

declaration by the Commission. It states that any person or group of persons

including the right holders or occupiers affected by the decision of the

Commission may apply to the Commission for a review of the Commission’s

decision (Sections 77(8), 50(1) and 78(4), EPRS Act). The EPSR Act also affords the

concerned aggrieved party the opportunity of being heard publicly in

accordance with Sections 36 and 44 (1) (b) of the Constitution, 1999 as amended.

Moreover, an aggrieved party may further appeal against the decision of the

Commission to the Federal High Court (Section 49, EPSR Act).

It is not possible for the President or the Electricity Commission to suo motu

(effectively acting under its own volition) revoke the right of occupancy over a

piece of land deemed necessary for a power/other project. Rather, the Governor

is vested with this responsibility and is required to exercise it carefully, with

appropriate engagement with sub-project stakeholders.

13.6.3 Nigeria Electricity Regulatory Commission (NERC)

NERC is the independent regulatory body for the regulation of the electric power

industry in Nigeria. Established through the EPSR Act of 2005, NERC is responsible

for the review of electricity tariffs, subsidy policies, promotion of efficient and

environmentally friendly electricity generation and enforcing standards for


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electricity creation and use in Nigeria. NERC is largely responsible for regulating

tariffs of power generating companies 1.

NERC has the following legislation in place, Acquisition of Land Access Rights for

Electricity Projects Regulations, 2012, to provide a regulatory framework for:

a. the acquisition of land and access rights for electricity projects in Nigeria;

b. making provisions for the payment of compensation and resettlement of

persons affected by the acquisition of their land for the establishment of

electricity projects; and

c. the monitoring and evaluation of project designs of licensees to ensure

compliance with environmental standards.

The Regulations apply to the acquisition of land access rights for electricity in

Nigeria, including projects related to generation, transmission and distribution of

electricity.

13.6.4 Transmission Company of Nigeria (TCN)

TCN was incorporated in November 2005, emerging from the defunct National

Electric Power Authority (NEPA) as a product of the merger of the Transmission

and Operations sectors on April 1, 2004. Being one of the 18 unbundled Business

Units under the Power Holding Company of Nigeria (PHCN), the company was

issued a transmission license on 1st July, 2006. TCN licensed activities include:

electricity transmission, system operation and electricity trading which is ring

fenced. TCN has the following legislation in place, Harmonised Rates for

Economic Trees and Cash Crops for Compensation Assessment, July 21, 2009.

13.6.5 Overview of the Land Take process in Nigeria

The process involves the following steps:

Step 1: Preparation of a Survey Description

This is a preliminary survey / mapping of the property intended for land-take. The

survey description should be prepared by the Ministry of Lands and should contain

the following information:

• Position and dimensions of the land parcel to be acquired;

• Spatial relation to other properties in the area; and

• A list of all the communities on the property.

The survey description provides the basis / information upon which approval for

the chosen property to be acquired is provided and the property is thus surveyed

or marked out with suitable marking points (see Step 3).


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Step 2: Publication of a Notice of Acquisition

This is usually prepared by the Ministry of Lands and is then published in two

newspapers (one national and the other local) and the government gazette, in

order to enable any claims or objections to the intended acquisition to be made.

These claims have to be made within a six-week period.

The notice must also be approved and signed by the Governor, along with the

survey description, before publication. Both documents are usually forwarded to

the Governor with a covering memo prepared by the Permanent Secretary and

signed by the Honourable Commissioner for Lands.

Claims are then usually forwarded in writing to the Ministry of Lands within six

weeks of the publication of the notice, following which the processing of claims

and the negotiation of compensation can begin.

Step 3: Surveying the Property

Surveying can be conducted immediately, and before the expiration of the six-

week notice period. The time that this takes to complete depends on the speed

with which the survey fees are agreed and funds dispersed to the Ministry of

Lands. It is understood that the Ministry of Lands has the sole right to do the

surveying work when (in the case of this Program) it is the State that is acquiring

the land. However, this does not prevent independent surveyors from being

employed by the Program in order to ensure compliance with international

standards. This step incorporates detailed consultation with local communities on

the LRF principles and the start of the direct consultation process directly with the

affected individuals.

Step 4: Assessment

This is essentially a State enumeration and valuation of unexhausted

improvements on the land (estimates of compensation amounts due to affected

individuals) to determine the compensation liability of government and for tax

purposes (in cases involving private purchase of land). The compensation

amounts arrived at are then discussed with the affected community or its attorney

where the evaluator is present. Once agreement is reached, the compensation

is paid. In some cases, direct disbursement takes place to each household. In

other cases, the compensation is provided to the attorney who is then responsible

for onward distribution.

Step 5: Registration and Stamping

This process involves placing land sale agreements (including survey plans / maps

clearly delineating the piece of land in the sale transaction) at the lands registry

/ records after they have been stamped at the office of Commissioner of Stamp

Duties, upon the payment of a fee. The Certificate of Occupancy is also


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registered at the Lands Registry for records purposes, after stamping of the

documents. In the case of compulsory land-take (as in the Program case) there

are no sale documents for stamping or registration; however, the Certificate of

Occupancy issued to the Project Company may be registered with the Lands

Registry.

Step 6: Preparation of Certificate of Occupancy

The Certificate of Occupancy is then prepared by the Ministry of Lands and

signed by the Governor, after which it is issued to the applicant. The overall land

acquisition process may be concluded within approximately twelve to eighteen

weeks.

13.6.6 Legal Mechanisms for Resolving Land-related Grievances

The Constitution

The Constitution specifically guarantees the right of individuals to acquire and

own immovable property [Section 43]. It further gives individuals the right to

dispute decisions made in the courts of the country. If any person feels that their

right to own and acquire property is threatened or their entitlement to

compensation has been overlooked or underestimated, they may approach the

High Court of a State for necessary redress [Sections 44 (a) and (b) and 46 of the

Constitution].

Land Use Act

The Land Use Act only makes provisions for a dispute in relation to compensation

payable; stating that it should be referred to the relevant committees established

by the governor of the concerned state. There are no provisions in place for

challenges against the legitimacy of a revocation order by the governor. This may

be connected to the Trusteeship position of the governor and the fact that such

revocation is seen to be based on the overriding public good of the people.

An aggrieved party may approach the high court of a state in relation to

compensation payable for improvements on land (Section 39 (2)). In urban areas,

aggrieved persons or group of persons are to raise their grievances with the Land

Use and Allocation Committee. For non-urban areas, such disputes are laid

before the Land Allocation Advisory Committee. These two committees are

constituted by the governor of a state.

13.6.7 Scope of the Land Use and Allocation Committee

The Terms of Reference of the Land Use and Allocation Committee are described

in Section 2(2) (a) – (c) of the Land Use Act and includes:


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• advising the governor on any matter connected with the resettlement of

persons affected by revocation of right of occupancy on the grounds of

overriding public interest; and

• determining disputes as to the amount of compensation payable under the

Act for improvement on land.

The Committee is made up of at least two (2) people who are qualified under the

civil service to be appointed estate surveyors or land officers.

13.6.8 Traditional Land Tenure in Nigeria

The legal context of land tenure in Nigeria is complex, resulting from the co-

existence of traditional (at times with Islamic influence) and state systems, neither

of which is dominant.

Traditional land tenure in Nigeria is based on traditional laws under which land is

considered community property. Title to land under traditional law is vested in the

community; no individual within the unit can lay claim to any portion of it as a

formal owner. Individuals only ever retain rights to use. Normally, the village chief

of a community acts as the ‘manager’, holding the land for the use of the whole

community, and they mediate disputes involving traditional landholdings.

An individual enjoys rights to the land for farming within his lineage or community

area. The individual possesses the land to the extent that he uses it for his family’s

or society's benefit and passes the land on to heirs (i.e. traditional rights to land

can be inherited) or pledges its use to satisfy a debt. The right of disposal belongs

to the community only, which, acting through traditional authorities or family

representatives, exercises this right in accordance with traditional law.

Where decisions about land use need to be made within a family, representative

members of different branches are selected (e.g. from different branches within

a polygamous family) and come to agreement about the issue. This happens

most often regarding transactions between the family and third parties in

conjunction with the village chief.

Under traditional land tenure women can inherit land from their fathers, but not

from their husbands. While women may be “granted” plots by their husbands,

often for crop production, they do not retain the right to use this land following

their husband’s death. Rather, the total land holdings of the husband are

subdivided equally according to the number of wives, and use rights pass directly

to the children. This includes passing to female children, so women are able to

inherit land from their fathers, through their mothers. They are then free to pass this

land on to whomever they choose.


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13.6.9 Certificates of Occupancy

The Nigerian mechanism to formalise customary land ownership is a Certificate of

Occupancy, which is issued by an authorised Government Office as evidence of

a holder’s right to occupy and use a specific piece of land under certain terms

of contract. Certificates of Occupancy afford customary rights of occupancy to

land in non-urban areas for agricultural, residential, grazing and other uses.

Certificates of Occupancy can be granted for a period of time up to 99 years.

13.6.10 Institutional Framework

Compensation and resettlement issues fall under the jurisdiction of various levels

of government in Nigeria. They are also governed by a range of legislation. Some

of the principle government institutions and laws and their impacts are described

below.

Federal Government

Nigeria functions under a Presidential system of government. The President,

elected for a maximum of two terms of four years each, serves as both head of

state and head of government. The President wields executive power through the

Federal Executive Council, which is also composed of the Vice President and a 23-

member cabinet.

Legislative power is vested in the bicameral National Assembly of Nigeria, whose

members are popularly elected for four-year terms. The upper house (Senate)

comprises 109 members while the lower house (House of Representatives) has 360

members. The Senate and House of Representatives have concurrent legislative

functions. Bills are not deemed to be validly passed if they have not received the

joint assent of both houses.

The Federal Government typically has limited involvement in land acquisition and

resettlement, except in cases related to federal property, which is not the case

for this Program.

State Government

Nigeria is a federal republic comprised of 36 states and a Federal Capital territory

in Abuja. The executive powers of each state are vested in the governor, who

exercises these powers directly or through the deputy governor, commissioners or

other designated state officials. The legislative powers of a state are vested in the

House of Assembly. The House of Assembly has power to make laws for the peace,

order and good government of the state.

In light of the fact that the Land Use Act (1978) prohibits challenge to the

acquisition of land and gives the Governor of the State/Local Councils authority


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to issue (or revoke) statutory or traditional rights of occupancy, the main focus of

government engagement for land acquisition and resettlement is at the State

and Local Government levels.

The ministries and parastatals at the state level that will have some input into or

provide some oversight regarding land acquisition, land-take and resettlement

planning include the Ministry of Land; Ministry of Agriculture; Ministry of

Environment; Ministry of Water Resources; Ministry of Commerce; Ministry of Local

Government; Ministry of Justice and Ministry of Women Affairs.

Local Government

At the local level, sub-projects fall within a particular Local Government. A typical

LGA is headed by an Executive Chairman, and has a Vice Chairman, Secretary to

the Local Government, Treasurer and a Council Manager who, together with the

department supervisors, form the Executive Committee. Key departments at the

local government level which are likely to be of relevance to this Program include:

Women’s Affairs and Poverty Alleviation; Education (specifically the Local

Government Education Authority); Agriculture and Rural Development (including

Culture and Tourism, and Community Development Associations); Works and

Housing; and Health (Medical Officer of Health).

Local government administrations usually have a wide variety of functions

prescribed under the Constitution, including but not limited to:

• Construction and maintenance of roads, streets, street lightings, drains,

parks, gardens and open spaces.

• Provision and maintenance of public conveniences, sewage and refuse

disposal

• Registration of births, deaths and marriages.

• Assessment of privately owned houses or tenements for the purpose of

levying such rates as prescribed by the House of Assembly of the State.

• Participation in the provision and maintenance of primary, adult and

vocational education.

• The development of agriculture and natural resources, other than the

exploitation of materials

• The provision and maintenance of health services.

• Establishment and maintenance of cemeteries, burial grounds and homes

for the destitute or infirm.

Traditional Leadership

The traditional leaders are the custodians of the land who oversee day to day

activities in the various communities. They are relevant for the engagement with


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affected persons and information dissemination. They also have local knowledge

which could be relevant to the Program and are key in achieving community buy

in. Their role is to facilitate stakeholder engagement at the community level,

manage disputes and grievances, and provide information on community

preferences and livelihood restoration options.

13.6.11 International Standards and Guidelines related to Involuntary

Displacement

In addition to the need to adhere to Nigerian legislative requirements, the

Program will also seek to align with the international standards of AfDB and IFC.

The African Development Bank Group’s (AfDB) Integrated Safeguard

System

In 2013 the African Development Bank Group updated their policy on Involuntary

Resettlement and created an Integrated Safeguards System (ISS) to improve

clarity, coherence and consistency as well as overall operational effectiveness.

Resettlement is covered under Operational Safeguard 2 (Involuntary

Resettlement: Land Acquisition, Population Displacement and Compensation),

which includes comprehensive notions of livelihood and assets, accounting for

their social, cultural, and economic dimensions. It also adopts a definition of

community and common property that emphasises the need to maintain social

cohesion, community structures, and the social interlinkages that common

property provides. It furthermore stresses the importance of improving living

conditions for PAPs through a Livelihood Restoration programme. OS 2 has the

following specific objectives to:

• avoid involuntary resettlement where feasible, or minimise resettlement

impacts where involuntary resettlement is deemed unavoidable after

having explored all other alternative project designs;

• ensure that displaced people are meaningfully consulted and given

opportunities to participate in the planning and implementation of

resettlement programmes;

• ensure that displaced people receive significant resettlement assistance

under the sub-project, so that their standards of living, income-earning

capacity, production levels and overall means of livelihood are improved

beyond pre-project levels;

• mitigate the negative impacts of displacement and resettlement, actively

facilitate social development and establish a sustainable economy and

society; and

• set up a mechanism for monitoring the performance of involuntary

resettlement programs and remedying problems as they arise so as to


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safeguard against ill-prepared and poorly implemented resettlement

plans.

International Finance Corporation (IFC)

The IFC’s Performance Standard 5: Land Acquisition and Involuntary Resettlement

recognises that project-related land acquisition and restrictions on land use can

have adverse impacts on communities and persons that use this land and has the

following key objectives:

• To avoid, and when avoidance is not possible, minimise displacement by

exploring alternative project designs;

• To avoid forced eviction;

• To anticipate and avoid, or where avoidance is not possible, minimise

adverse social and economic impacts from land acquisition or restrictions

on land use by (i) providing compensation for loss of assets at replacement

cost 1 and (ii) ensuring that resettlement activities are implemented with

appropriate disclosure of information, consultation, and the informed

participation of those affected;

• To improve, or restore, the livelihoods and standards of living of displaced

persons, and

• To improve living conditions among physically displaced persons through

the provision of adequate housing with security of tenure at resettlement

sites.

Involuntary resettlement in IFC PS 5 refers both to physical displacement

(relocation or loss of shelter) and to economic displacement (loss of assets or

access to assets that leads to loss of income sources or means of livelihood) as a

result of project-related land acquisition. Resettlement is considered involuntary

when affected individuals or communities do not have the right to refuse land

acquisition which results in displacement. Where it is unavoidable, appropriate

measures to mitigate adverse impacts on displaced persons and host

communities must be carefully planned and implemented.

13.6.12 Comparison of Relevant National Legislation and International

Standards

The primary difference between national legislation and international

resettlement standards is that Nigerian law concentrates on compensation for lost

assets, whereas the IFC PSs and AfDB Safeguards have an additional focus on

livelihood enhancement (or, as a minimum, restoration). Emphasis is not only on

compensation for lost assets but also on assisting people to improve (or at least

restore) standards of living, incomes, and livelihoods. This includes providing


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access to income-earning opportunities such as agricultural production or to

natural resources deemed critical for subsistence.

Nigerian legislation does not provide any compensation for the value of lost land

(except for reimbursement of any rent paid by the occupier during the year in

which the right of occupancy was revoked). PS 5, conversely, stipulates that,

where physical replacement of the land is not possible, compensation at full

replacement value should be provided. If land is not available or if national policy

does not provide for compensation, then non-land based options, including;

employment opportunities, assistance to establish businesses, or dedicated

support services, should be provided.

With regard to loss of access to commonly held resources, Nigerian legislation

provides that, where a right of occupancy of land owned by the community is

revoked for public purposes, compensation for unexhausted improvements on

the land, taking account of depreciation, may be paid to the community at the

relevant governor’s discretion and such payment may be to the relevant chief on

behalf of the community or into a specially designated fund for the benefit of the

community. PS 5 on the other hand provides for compensation to offset

restrictions on access to communal resources. Assistance measures may include

initiatives to enhance the productivity of the remaining resources, to which the

community will continue to have access, in-kind or cash compensation for the

loss of access, or access to alternative sources of the lost resource. Depreciation

is explicitly not to be taken into account in calculating compensation for lost

assets.

The Program will follow Nigerian legislation and will also implement such additional

measures as are necessary to achieve outcomes that are consistent with the AfDB

Safeguards and the IFC Performance Standards. Table 1 below compares the

AfDB Safeguards and IFC PS stipulations to Nigerian legislation for those categories

of displacement impacts that sub-project activities are expected to incur.

To avoid repetitions in the table below, relevant citations are referenced only

once, even if they are relevant to more than one sub-project impact. For

example, although livelihood restoration is an entitlement related to many

different types of project impact, PS 5 guidance on livelihood restoration is mainly

cited in the ‘Loss of Land’ Section. Similarly, the requirement to comply with local

regulations of the jurisdiction in which the resettlement is being undertaken is only

cited once, although it applies across the entitlement matrix.

PS5 frequently references the high-risk nature of displacement and Guidance

Note 11 states that “Compensation alone does not guarantee the restoration or

improvement of the livelihoods and social welfare of displaced households….” In


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this context, low-cost mechanisms such as the allowing PAPs to harvest their

standing crops prior to the start of the construction process and/or providing

training on how to improve the agricultural techniques used by the PAPs, can

provide an efficient means to reduce impacts on displaced households.

Table 2.1 provides a summary of the broad comparison of the AfDB and IFC

standards for involuntary displacement with the relevant Nigerian legislation.


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Table 2.1: Comparison of Nigerian Law and principles of the AfDB and IFC applicable to Involuntary Displacement (Economic

Displacement)

Category Nigerian Legislation AfDB OS 2 IFC PS5

Minimise Land

Take and

Involuntary

Displacement

Explore all viable alternative project

design options to ensure minimisation

of impacts (Land Use Act of 1978)

Sub-project proponent to consider feasible

alternative project designs, including re-

siting and re-routing, to avoid or minimise

physical or economic displacement.

Avoid, and when avoidance is

not possible, minimise

displacement by exploring

alternative project designs.

Consultation

and Disclosure

A notice of acquisition is usually

prepared by the Ministry of Lands, in

conjunction with the survey

description. This notice is then

published in two newspapers (one

national and one local and the

government gazette

Open, inclusive and effective consultation

with local communities is required

Livelihood Restoration

documentation must be

implemented with appropriate

disclosure of information,

consultation, and the informed

participation of those affected.

Eligibility

Under Nigerian legislation, all land

rights constitute occupancy rights

rather than ownership rights and

accordingly eligibility for

compensation for loss of land is not

provided for. Anyone possessing a

statutory or customary right of

occupancy to affected land is

entitled to compensation for

unexhausted improvements made to

that land. Encroachers are not

recognised as an eligible group, and

are thus not entitled to any

compensation provisions.

AfDB identifies three groups of displaced

people that shall be entitled to

compensation or resettlement assistance

for loss of land or other assets taken for sub-

project purposes:

• Those who have formal legal rights to

land or other assets recognised under

the laws of the country concerned.

• Those who may not have formal legal

rights to land or other assets at the time

of the census / asset survey but can

prove that they have a claim that

would be recognised under the

customary laws of the country.

Those who have no recognisable legal right

or claim to the land they are occupying in

the sub-project area of influence, and who

do not fall into either of the two categories

described above, but are entitled to

resettlement assistance in lieu of

compensation for land to improve their

All occupants (including

squatters) using or living on the

land prior to the cut-off date are

eligible for compensation.


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former living standards (compensation for

loss of livelihood activities, common property

resources, improvements (structures and

crops) etc.), provided that they themselves

or witnesses can demonstrate that they

occupied the sub-project area of influence

for a reasonable time (at least six months)

prior to a cut-off date established by the

borrower or client and acceptable to the

Bank.

Census and

Asset Inventory

A survey to record the dimensions of

the affected land parcels needs to

be carried out. The enumeration

process is asset driven and not

household driven. There is no

particular format which is currently

used by the Land Department. The

process mostly comprises of generic

questions that are administered

orally.

A census, asset inventory and

comprehensive socioeconomic survey is

required with gender disaggregated

information.

A census, asset inventory and

socio-economic survey are

required to collect baseline

data and identify PAPs.

Livelihood No provisions Strategies to improve livelihoods of PAPs are

required.

Strategies to improve livelihoods

of PAPs are required.

Gender No provisions

Special consideration has to be paid to the

needs and rights of women. In the context

of gender vulnerability, the client must give

careful consideration to actively

facilitating consultation with both women

and men in ways that are sensitive to the

social and political constraints and barriers

that women and men may face.

The land-taking report (RAP or LRF/LRP)

must include a specific protocol specifying

safeguards for the quality and quantity of

land to be allocated to women, especially

widows and divorcees, to ensure their

The consultation process must

ensure that women’s

perspectives are obtained and

that their interests are factored

into all aspects of physical

and/or economic

displacement planning and

implementation.

Addressing livelihood impacts

may require intra-household

analysis in cases where women’s

and men’s livelihoods are


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means to generate income and achieve

food security.

Specifically, applicable to resettlement,

land titles at the resettlement site are to be

in the name of both spouses or of single

heads of household, regardless of gender, if

this does not conflict with the borrower or

client’s own laws and legislation.

Compensation payments to families are

made to both husbands and wives when this

is technically feasible and socially

acceptable.

affected differently. Women’s

and men’s preferences in terms

of compensation mechanisms,

such as compensation in kind

rather than in cash, should be

explored.

Cut-off date

Though a cut-off date is not defined

by Nigerian legislation, there is a six-

week notice period given for land to

be acquired by a sub-project. This is

not, however, a formal cut-off date.

There is a requirement to establish a cut-off

date for eligibility that is acceptable to sub-

project financiers/lenders. The borrower or

client documents the cut-off date and

disseminates information about it

throughout the sub-project area of

influence in a culturally appropriate and

accessible manner, before taking any

action on clearing land or restricting local

community access to land.

The client is required to

establish a cut-off date for

eligibility. Information

regarding the cut-off date is to

be well documented and

disseminated throughout the

sub-project area prior to taking

any land.

Timing of

Compensation

Once the compensation amounts

have been discussed with the

affected people.

Compensation is to be made before land

and related assets are taken; and, if the

sub-project is implemented in phases,

before sub-project activities begin for each

particular phase.

Compensation needs to be

provided to all those affected

before taking possession of the

land.

Compensation

Cash compensation is generally

made based upon government rate

as well as depreciation value. Whilst

in principle there is allowance for in-

kind compensation or replacement

of assets, cash compensation is

common practice

PAPs are compensated for all their losses at

full replacement cost. PAPs can be offered

a range of different compensation

packages, resettlement assistance, and

livelihood improvement options.

Engagement is key to determine the

appropriate compensation packages.

PAPs are compensated for all

their losses at full replacement

cost. PAPs can be offered a

range of different

compensation packages,

resettlement assistance, and

livelihood improvement

options.


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Engagement is key to

determine the appropriate

compensation packages.

Communal

resources No provisions Page 32 of the ISS mentions compensation

for the loss of communal resources.

Compensation is required if

communal property and

natural resources such as

marine and aquatic resources,

timber and non-timber forest

products, freshwater,

medicinal plants, hunting and

gathering grounds and grazing

and cropping areas are

impacted.

Livelihood

Assistance No provisions

Displaced people are provided with

targeted assistance with the aim of

ensuring that their standards of living,

income-earning capacity, production

levels and overall means of livelihood are

improved beyond pre-project levels.

Displaced people are

provided with targeted

assistance with the aim of

ensuring that their standards of

living, income-earning

capacity, production levels

and overall means of livelihood

are improved beyond pre-

project levels.

Vulnerable

People

Many Nigerian policies address the

needs of vulnerable people, such as

the Gender Policy, Child Act or

NEEDS framework. However, there

are no specific provisions related to

physical or economic displacement.

Special attention needs to be paid to

vulnerable groups and special provisions

required in the livelihood restoration

process.

Special attention needs to be

paid to vulnerable groups and

special provisions required in

the livelihood restoration

process.

Grievances

Section 30 of the Land Use Act 1990

6 v: “Where there arises any dispute

as to the amount of compensation

calculated in accordance with the

provisions of section 29, such dispute

shall be referred to the appropriate

Land Use and Allocation

Committee.”

There is a requirement to establish a

culturally appropriate and accessible

grievance and redress mechanism to

resolve, in an impartial and timely manner,

any disputes arising from the land-taking

process and compensation procedures.

PAPs must be informed about the

mechanism.


establish a grievance

mechanism as early as possible

in the project development

phase. This will allow the client

to receive and address specific

concerns about compensation

raised by displaced persons in


Page 189 of 218


a timely fashion, including a

recourse mechanism designed

to resolve disputes in an

impartial manner.

Monitoring No provisions

An independent third party is required to

monitor the implementation of large-scale

or complicated resettlement or livelihood

restoration plans, with regular feedback

from PAPs. For largescale displacement

operations quarterly reviews are

recommended, and in-depth reviews of 6

months progress, consistent with the overall

project scheduling, are critical.


establish procedures to monitor

and evaluate the

implementation of a Livelihood

Restoration Plan.


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13.7 Compensation Framework Compensation refers to payment in cash or in kind for loss of land, access to land,

and immoveable asset or resources that is acquired or affected by a sub-project.

13.7.1 Compensation Principles

The main compensation principles include the following:

▪ Provide transparent, fair and timely compensation (prior to land clearance

or taking land) for displacement, including compensation for assets in

accordance with national regulations and international standards,

specifically the IFC’s PS5 and AfDB OS2;

▪ Compensate for lost assets at full replacement value; and

▪ Restore the livelihoods and welfare of PAPs and local communities such

that their well-being is at the least, equal to their pre-resettlement

conditions, or that they are better off.


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Table 13.2. Categories of PAPs and compensation according to Nigeria guideline and International Guidelines

S/N Category of

PAPs Nigeria Law World Bank/IFC/AFC/GCF AfDB

1 Land owners Cash compensation

based upon market value.

Recommends land-for-land

compensation. Other compensation is

at replacement cost

Entitled to compensation for land, priority is given to

land-to-land compensation and/or compensation-

in-kind in lieu of cash compensation. When cash

payments are made, the affected people should be

provided with counselling to ensure that they have

the knowledge to use the compensation wisely.

Compensation for other assets at full replacement

costs.

2 Land Tenants

Entitled to compensation

based upon the amount of

rights they hold upon land

Are entitled to some form of

compensation whatever the legal

recognition of their occupancy.

Entitled to resettlement assistance and

compensation for all their assets such as crops,

structures and other livelihood activities at full

replacement cost.

3 Land

users/Squatters

Not entitled to

compensation for land,

entitled to compensation

for crops

Entitled to compensation for crops, may

be entitled to replacement land and

income shall be restored to pre-project

levels at least

Not entitled to compensation for land but are

entitled to resettlement assistance including

compensation for loss of livelihood activities,

structures, crops etc to improve their former living

Standards.

4

Owners of

“Non-

permanent”

Buildings

Cash compensation

based on market value.

Entitled to in-kind compensation or cash

compensation at full replacement cost

including labor and relocation

expenses, prior to displacement

These groups are entitled to resettlement assistance

to improve their former living standards

(compensation for loss of livelihood activities,

structures, crops etc.).

5

Owners of

“Permanent”

buildings

Cash Compensation is

based on market value.

(that means depreciation

is allowed)

Entitled to in-kind compensation or cash

compensation at full replacement cost

including labor and relocation

expenses, prior to displacement.

Entitled to resettlement assistance and

compensation for all their losses at full replacement

costs before their actual move.

6

Losers of

livelihoods

(farmers,

business

No consideration other

than cash values for assets

as described above by

asset category

Key objective is restoration of capacity

to generate incomes at least at levels

prior to losses. Programs of assistance to

achieve this objective. Compensation

for periods of lost income

Compensation factors in the “total economic cost”

including the social, health, environmental and

psychological impacts of the sub-project and the

displacement, which may disrupt productivity and

social cohesion. Considerations are given to the loss


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S/N Category of


people,

employees

of livelihood and earning potential of the affected

people. Affected people are provided with targeted

resettlement assistance with the aim of ensuring that

their standards of living, income-earning capacity,

production levels and overall means of livelihood are

improved beyond pre-project levels.

7 Grievance

Procedure

No specific requirement for

establishing an

independent grievance

mechanism

The grievance mechanism will be set up

as early as possible in the process, to

receive and address in a timely fashion

specific concerns about compensation

and relocation that are raised by

displaced persons and/or members of

host communities, including a recourse

mechanism designed to resolve

disputes in an impartial manner. The

grievance mechanism, process, or

procedure should address concerns

promptly and effectively, using an

understandable and transparent

process that is culturally appropriate

and readily accessible to all segments

of the affected communities, at no cost

and without retribution

Requires the establishment of a

a culturally appropriate and accessible grievance

and redress mechanism to resolve, in an impartial

and timely manner, any disputes arising from the

resettlement process and compensation procedure

as early as possible in the resettlement process. The

borrower or client is required to work with informally

constituted local committees made up of

representatives from key stakeholder groups and, in

particular, vulnerable communities to establish the

grievance and redress mechanism. The grievance

redress mechanism, which should be monitored by

an independent third party should not impede

access to judicial or administrative remedies but must

inform affected people about the Bank’s

Independent Review Mechanism (IRM).

8 Rejection of

Compensation No categorical statement

Where compensation to an affected

person in accordance with an

approved resettlement plan has been

offered, but the offer has been rejected,

the taking of land and related assets

may only proceed if the sub-project

owner has deposited funds equal to the

amount offered as compensation plus

10 percent in a secure form of escrow or

No categorical statement


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S/N Category of


other interest-bearing deposit satisfying

the Bank’s fiduciary requirements. The

sub-project owner must also provide a

means satisfactory to the Bank for

resolving the dispute concerning the

offer of compensation in a timely and

equitable manners


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13.8 Eligibility Principles PAPs are eligible for compensation entitlements if they are the owners or users of

immovable built or planted assets within the sub-pProject site footprint. This

includes structures (such as fences or sheds), land, crops, trees, and other natural

resources. PAPs are eligible for compensation for their assets if they have formal or

recognisable rights to these assets.

The typical eligibility criteria for compensation which may be implemented on

sub-projects is presented in Table 13.3.

Table 13.3. Eligibility Criteria for Compensation

PAP Classification Eligible for

Compensation No Compensation Assistance

Those with legal right Land or asset at replacement

cost

For land, assets, and

structure on the land

after the cut-off date

Assistance

needed

Those with temporary

or leased rights at cut-

off date

Land and assets at

replacement cost

For land, assets, and

structure on the land

after the cut-off date

Assistance

needed

Those who use land

without any form of

right

Assets on land at replacement

cost

Assets on land after

cut-off date

Assistance

needed

Those with no legally

recognized right but

arrived before cut-off

date.

Assets at replacement cost

except that compensation may

be “topped off” to allow the

PAP to acquire a new

residence.

Assistance

needed

Those who arrived

after Cut-off-date None None None

Those with business

located within the

Community

Assets and lost income as a

result of lost business during

project duration

For business located

in community after

the cutoff date and

outside the affected

area.

Assistance

needed

13.8.1 Establishment of Entitlement Cut-off Date

Prior to the commencement of a census survey during the RAP/LRP preparation,

consultations will be conducted to explain to PAPs that a last day of a census

survey (to be carried out during the LRP stage) will constitute a cut-off date, after

which any individual or a family who moved into the sub-project area but is not

listed in the census list of PAPs, will not be entitled to compensation.

13.8.2 Entitlements

Sub-projects will have defined range of appropriate compensation entitlements

and suggested livelihood restoration measures. Based on the SES survey results,


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the following categories of assets are likely to be affected by the sub-project:

▪ Farmland/land plots; and

▪ Crops and economic trees.

▪ Buildings (both makeshifts and permanent)

▪ Cultural, religious and community facilities

▪ Livelihood

▪ An example of an entitlement matrix which may be applicable to each of

the sub-projects is presented the table below:


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Table 13.4. Example of an entitlement matrix that could be applied in sub-projects

Asset Impact PAPs Nigeria Requirement

Additional compensation or

measures in line with IFC PS5

and AfDB OS2

Livelihoods Support

Land

Permanent/

Temporary

land take

Registered owners

with title deed for

land

• Compensation at state

rates or support to find

replacement land of

similar size and quality.

• PAPs are consulted to

confirm their

compensation

preferences (land-for-

land or cash).

• Compensation at

replacement value (in-

cash) or where possible,

replacement land of the

same quality and close

to the location of the

original land plot.

• Livelihood restoration

and alternative income

earning opportunities

e.g. skills training offered.

• Support before, during

and after taking

cultivated land plots to

cover a reasonable

period of time necessary

for PAPs to re-establish

their new land plots

(which they either were

allocated, or bought with

the received cash

compensation).

• Livelihood restoration

options to affected

farmers: continuous crop

cultivation on alternative

plots, agricultural skills

improvement training, or

small livestock package

• Land Plot Transfer

allowance - 10 % of

market value payment

(as one-off) in cash, to

cover all administrative

fees related to the

purchase or provision of

replacement land.

Non-registered

occupants of land

who either

cultivate such land

based on

customary

ownership rights

• Compensated for lost

assets other than land

(such as crops and

structures) at

replacement value. Crops and

Economic

Trees


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and AfDB OS2

Livelihoods Support

Loss of crops

and productive

trees (fruit/nut)

All PAPs regardless

of legal status

• None (crops are

typically harvested

prior to displacement)

• Compensation for

perennial crops at

existing compensation

rates

• Trees are categorised

as: saplings,

productive, or old.

• Cash compensation at

replacement value on

the basis of type, age

and market price of tree

and crops (the

compensation amounts

to be determined by a

certified evaluator during

the LRP stage)

• Crops-Training in

improved agriculture

methods and seeds

provided for three

seasons (18 months)

• Trees-Training in

improved agriculture

methods and saplings

provided for fruit trees

and perennial crops

Permanent

loss of

Structure

Loss of homes /

dwellings

Tenants

Tenants and

original owners of

the house and

land

Physically

displaced

Economically

displaced

• Cash compensation

for loss of built-up

structures at full

replacement costs.

• Owners of affected

structures will be

allowed to take and

reuse their

salvageable materials

for rebuilding and

rehabilitation of

structure.

• In case of relocation,

transfer allowance to

cover cost of shift

(transport plus

loading/unloading)

the effect and

material will be paid

on actual cost basis or

on current market

rates

• Housing unit at chosen

relocation site; or

• Cash compensation at

replacement cost value;

• Relocation assistance

such as transport of

belongings within 25 km

radius, etc.

• One-time cash

assistance equivalent to

4-month rent moving to

alternate premise.

• Compensation for loss of

livelihood or livelihood

development support

for economically

displaced

• Transfer allowance to

cover cost of shifting

(transport plus

loading/unloading)

personal effects paid on

actual cost basis or on

current market rates

Owners of the

structure other

than house,

whether or not

the land on

which the

structure stands

is legally

occupied.

Tenants

Tenants and

original owners of

the structure and

land


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and AfDB OS2

Livelihoods Support

Cultural,

Religious

and

community

structure

facilities

School, church,

Mosque, water

channels,

pathways, and

other

community

structures

All PAPs regardless

of their legal status

Complete rehabilitation/

restoration by the sub-

project; cash

compensation for restoring

affected

cultural/community

structures and installation

to the recognize patron/

custodian.

• Construction of structure

as other forms of

compensation by the

sub-project where

possible.

• Additional monetary

incentives to succour

losses

Special

provision

for

vulnerable

PAPs

Re-

establishing

and/or

enhancing

livelihood

Women

headed

household,

disabled or

elderly persons

and the

landless

Women headed

household,

disabled or elderly

persons

• Needs based special

assistance to be

provided either in

cash or in kind.

• Empowerment training to

be carried out alongside

cash support.

• Support before, during

and after training.

Change in

livelihood

for women

and other

vulnerable

Aps that

need to

substitute

their

income

Vulnerable

PAPs ,

particularly

women.

Owners whose

landholding

has been

reduced to less

than 5 acres

Vulnerable PAPs

particularly

women

Restoration of livelihood

(Vocational training) and

subsistence allowance

@agreed rate per day

for a total of 6 month

while enrolled in a

vocational training

facility

Needs based special

assistance to be

provided as incentives.

Support before, during and

after training.


Page 199 of 218




and AfDB OS2

Livelihoods Support

because of

adverse

impact

Loss of

grazing

area

Cattle Rearers

Cattle Rearers

Relocation to new grazing

area where possible assist

the cattle herdsmen to

locate new grazing field.

Consider possible

compensation for loss

income for the period of

locating new grazing area

Same as additional

compensation or measures.


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13.9 Entitlement Planning The entitlement planning process entailed two primary tasks:

▪ Preliminary identify the appropriate cash compensation rates at replacement

value to compensate for specific impacts to eligible households, including

crop compensation rates; and

▪ Design of complementary supportive measures to further mitigate the

impacts of land-take, including livelihoods restoration initiatives, and

vulnerable person assistance measures.

To establish the applicable rates (which will be confirmed and verified by a

certified evaluator during the LRP stage), an independent valuation expert will be

contracted at the LRP stage to advise on the market values of affected land,

crops and economic trees in the sub-project area. The evaluator will be

requested to prepare a Valuation Report which will be presented as part of future

LRP and included as an Annex in the main report.

13.10 Method of Compensation Individual and household compensation will be made in cash, in kind, and/or

through assistance in the knowledge and presence of both man and wife and

adult children or other relevant stakeholders where applicable. The type of

compensation will be an individual choice although every effort will be made to

instill the importance and preference of accepting in-kind compensation

especially when the loss amounts to more than 20% of the total loss of productive

assets.

It should be noted that when land holdings necessary for the livelihood of

affected persons are taken away or reduced in size by project works, the

preferred form of compensation is to offer an equivalent parcel of land

elsewhere, i.e. “land for land.” Where such land is not available, cash payment

can be an option even though cash compensation is not the preferred form of

compensation in such cases. It should be noted that, under this framework, cash

compensation is only appropriate where there is a market for land or other lost

assets in the area of the impact. It is unacceptable to offer cash compensation

to, say, a farmer, when he/she has no possibility of acquiring new land in the same

area.

13.11 Entitlement for Compensation Entitlements for compensation shall be based on the eligibility criteria and the

various categories of losses identified in this RPF and the actual field consultations


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during the preparation of the RAP/ARAP. Unless otherwise indicated, payment of

compensation and other entitlements and the extension of assistance will be

made to PAP households and individual PAPs, as the case may be. In dealing with

compensation, preference shall be given to land based resettlement strategies

for PAPs whose livelihoods are land-based

Where sufficient land is not available at a reasonable price, non-land based

options centered on opportunities for employment or self-re-employment should

be provided in addition to cash compensation for land and other assets lost.

However, this lack of land shall be documented and justified. Palliative assistance

should be avoided, i.e. assistance that is not sustainable such as temporary

payments or food donations.

13.12 Valuation Valuation methods for affected land and assets will depend on the type of asset.

The following land asset types identified under Nigeria law in this policy framework

include:

13.12.1 State (urban and non-urban) owned Land

State owned land will be allocated free by the Governor or Local Government

(perhaps except for processing and registration fees). The State Agency will be

expected to pay compensation to acquire land in this category in cases where

the state-owned land is being used by landlords or squatters, settled upon or

otherwise being used.

13.12.2 Privately owned Land

Privately owned property, will be acquired at replacement value. The guiding

principle is that whoever was using the land to be acquired will be provided other

land of equal size and quality or compensation.

13.12.3 Assets held under Customary Law

According to Nigeria law, assets held under customary rights are in the Local

Government jurisdictions only and will be valued according to the following

method and compensation paid for. The sub-project will compensate assets and

investments, including buildings, and other improvements, according to the

provisions of the resettlement plan. Compensation rates will be replacement cost

as determined by surveys of recent transactions of similar assets in the same area

as of the date and time that the replacement is to be provided. Under customary

law land belongs to chiefdoms, towns and villages. The permanent loss of any

such land will be covered by community compensation, which will be in-kind only.

A customary land owner or land user on state owned land will be compensated


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for land, assets, investments, loss of access etc. at replacement rates at the time

of the loss.

13.12.4 Method of Valuation

In ensuring that during the project implementation, PAPs will be provided full

replacement cost of lost structures and other impacted assets and are able to

rebuild or replace their structures/assets without difficulties. The valuation will

estimate asset compensation rates based on full replacement cost without

depreciation. The replacement cost approach is based on the premise that the

costs of replacing productive assets is based on damages caused by sub-project

operations.

Relevant data to be captured during valuation will include:

• Location details of the land, boundaries of the area/section of the land to

be affected. Affected immovable properties: detailed measurement of

buildings, shops, other assets, and structures;

• Property details including noting accommodation, constructional details of

affected property external works (fence walls, gates, pavements) affected

details etc. were relevant.

• Categorizing temporary structures based on constructional details (wall

materials), size of structure and use of structure

(business/residential/institutional/agricultural); and, Data on households

affected (tenants, owners, relative apprentices/trainees and livelihood).

Valuation shall be based on comparisons to recent comparable

transactions/costs and comparable assets or land and not simply on general

tables that may be out of date and may be based on non-comparable assets or

land.

An indicative table with the Valuation Methods that could be used on sub-

projects is presented in Table 13.5 below.

Table 13.5. Indicative Valuation Methods

S/N Loss of Land Comparative Sales

Method

Based on the open market

value of comparable recent

land transactions

1 Loss of Buildings, structures

and other civil works

Replacement Cost

Method or Comparative

Sales Method (which ever

gives a commensurate

value)

Full replacement cost value

as if new, recent construction

cost rates


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2 Loss of Business Income and

Loss of Business Good will Comparative Method

Based on the average

monthly net profit

3

Loss of Income from Rent

and Expenditure Incurred for

Alternative Accommodation

during reinstatement period

Comparative Sales

Method

Based on the comparable

rent passing, rent advance

paid

4

Expenditure incurred for

Transfer of movable

properties and temporary

structures

Comparative Method Based on truck/transport

hiring charges

5

Loss of Wages, -Loss of Fees

from Apprentice, - Loss of

Job Training

Comparative Method Based on Current Fees and

Wages

6 Loss of access to land used

for agriculture Comparative Method

Based on Crop

compensation Resettlement

assistance: Economic

Rehabilitation assistance:

13.12.5 Arrangements for Compensation

A Compensation and Relocation Committee will be set up and be responsible for

planning, coordinating and monitoring of compensation and relocation

activities. The compensation process for the sub-project will involve several steps

to be carried out in accordance with the resettlement and compensation plan

and the RAP. This will be in accordance with the individual sub-project

resettlement and compensation plans as outlined below:

13.13 Public Participation This process seeks the involvement and concerns of the PAPs and the

communities in a participatory approach with the sub-project, from the beginning

to implementation. Public participation with local communities is an ongoing

process throughout resettlement planning and this will have taken off at the

screening stage. PAPs will be notified during the identification of sub-projects and

consulted with as part of the screening process. The subsequent socio-economic

survey will record all relevant information about the PAPs and ensure that this is

accurately reflected in the RAP in order to allocate the appropriate

compensation. Periodic monitoring will ensure that PAPs have been consulted

and that compensation and relocation has been carried out satisfactorily. This will

ensure that no affected individual household is simply “notified” one day that they

are affected in this way.


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13.13.1 Notification

Landowners will be notified by the Solar Power Developer that their property is

required for development of the sub-project. The user will be informed through

both a formal notification, both written and verbal, to be delivered in the

presence of the community heads and the Coordination Committee. To ensure

that any sensitive areas are accurately identified during this procedure, all

necessary community heads, religious leaders, other elders and individuals will

accompany the project team to the site.

13.13.2 Documentation of Holdings and Assets

The Solar Power Developers and the local community will arrange meetings with

the PAPs in the presence of the agency of government in charge of land to

discuss the compensation process. For each individual or household affected, the

project officials completes a compensation dossier containing necessary

personal information on, the affected party and those individuals considered as

household members, total land holdings, inventory of assets affected, and

information for monitoring future arrangements. The dossier shall be confirmed

and witnessed by village/community officials and will be kept up-to-date. This is

necessary because it ensures monitoring of an individual over time. All claims and

assets should be documented in writing.

13.14 Agreement on Compensation and Preparation of Contracts The types of compensation shall be clearly explained to the individual or

household involved. The Solar Power Developer will draw up a contract, listing all

property and/or land being surrendered, and the types of compensation (cash

and/or in-kind). A person selecting in-kind compensation has an order form, which

is signed and witnessed. The compensation contract and the grievance redress

mechanisms are to be read aloud in the presence of the affected party and the

representative of the local government chairman (or his/her representative), the

project officials, and other community leaders prior to signing.

13.15 Compensation Payments All handing over of property such as land and buildings and compensation

payments will be made in the presence of the affected party, representative of

the state environmental agency and the community officials.

13.15.1 Community Compensation Payments

Community compensation will be in-kind only for a community as a whole in the

form of Corporate Social Responsibilities. Examples of community compensation

include; School Building (public or religious), Public Toilets, Well or borehole,

Market Place, Taxi Park, Road, Storage warehouse, etc. Community


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compensation may in itself require land take and people may be affected, thus

a change of impacts which will be compensated.

13.15.2 Procedures for Delivery of Compensation

The procedure for delivery of compensation will be detailed in each RAP/LRP. The

Solar Power Developer will follow approved procedures ensuring that:

• Full payment of compensation is carried out before possession of

acquired sites and before works begin.

• Solar Power Developer formally make offers to affected persons and

allow persons to accept or reject offer, offer a counter claim and seek

redress under the grievance procedures established

• Land/Asset valuation committee communicates the amount to be paid

to the acquiring agency and the Ministry of lands will ensure that the

amounts are fair and adequate.

• Cheques in the name of the beneficiary or deposits to the beneficiary’s

bank account shall be the preferred and first mode of payment.

• Payments are made to the affected person personally in the presence

of Land/Asset Valuation Committee and an independent witness of the

affected person/opinion leader

• Proper receipts are issued and copies given to the affected person, the

Finance Department of the State Agency and the Land/Asset Valuation

committee;

• Comprehensive reports on payment made are submitted for review by

Management of the PMUs and the Land/Asset Valuation committee.

13.16 Monitoring and Evaluation Monitoring is a crucial element for the success of any resettlement project as it is

important to accurately verify the information related to implementation of the

Resettlement Plan and should be planned and costed as early as possible in the

sub-project. The monitoring will provide feedback to project management which

will help keep the programs on schedule and successful.

13.16.1 Monitoring Process

In order to comply with the Program E&S requirements, the overall internal

monitoring procedures will include internal performance monitoring, Impact

monitoring and final external evaluation.


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13.17 Livelihood Restoration The Livelihood Restoration Strategy (LRS) is to prevent and mitigate the potential

adverse impacts to the vulnerable PAPs as a direct result of the resettlement

process.

13.17.1 Key Principles Guiding Livelihood Restoration Planning

The sustainable approach to livelihood restoration is based on the following

principles:

▪ Livelihoods are multi-faceted strategies and a combination of approaches

is therefore required to support restoration of income and the

reestablishment of community support networks;

▪ Active participation of intended beneficiaries in planning and decision

making to ensure proposed support reflects local realities / priorities and

have PAPs active buy-in;

▪ PAPs should be provided with choices so that they can self-determine how

their household will best benefit from the livelihood restoration options;

▪ Vulnerable households are, by definition, less able to adapt to changes

and therefore require targeted support through the planning and

implementation of livelihood restoration;

▪ Transition allowances are necessary, but require clear eligibility and end

points;

▪ Capacity building should be incorporated into livelihood restoration

activities to develop PAPs skills, including in agricultural practices. Capacity

building acknowledges the different needs of women, men, youth and

vulnerable groups with respect to skills development.

13.17.2 Process for Determining Livelihood Restoration Options

The livelihood restoration options shall be based on the information gathered from

the socio-economic baseline interviews undertaken for the Program. From these

activities, the following key subjects may emerge.

▪ Livelihood options and roles varying for women, men and youth.

▪ PAP-welcome livelihood options and view them as part of their

expectations of the Program’s development.

Continuous Engagement should continue with PAPs and local communities

throughout the sub-project life-cycle, and with traditional leadership and the

relevant authorities to discuss the livelihood programmes to make sure that they

are meeting the needs of PAPs.


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13.17.3 Livelihood Restoration Plans

To recognize the potential and magnitude of adverse impacts and develop

Livelihood Restoration Plans, the following approach should be considered:

1. LRP for vulnerable PAPs should refer to the ecological conditions, livelihoods

and socio-cultural characteristics possessed by PAPs.

2. The LRP should be able to support the PAPs to gain a similar or even better

livelihood, independently. It is important that the land acquisition and

resettlement process will not cause a dependency to the sub-project which

eventually would make more problems in the future.

3. The LRP should be focused on the characteristics of the vulnerability and

potential sources of livelihood assets owned by each household, either in

the form of Natural Capital, Human Capital, Financial Capital, Social

Capital and Physical Capital.

4. Involving representatives of both communities, the PAPs and host

populations, in the consultation process to build familiarity and to resolve

disputes that are expected to arise during and after the resettlement

process.

13.18 Resettlement Action Plan

13.18.1 Introduction

The OS 2 requires the borrower or client prepares a Full Resettlement Action Plan

(FRAP) for the following nature of displacement:

i. any project that involves 200 or more persons (as defined by the involuntary

resettlement policy), or

ii. any project that is likely to have adverse effects on vulnerable groups.

The outline of a typical RAP can be found in Annex A of the Involuntary

Resettlement policy and the related IESIA Guidance Note.

For any project in which the number of people to be displaced is fewer than 200

people and land acquisition and potential displacement and disruption of

livelihoods are less significant, the borrower or client prepares an Abbreviated

Resettlement Action Plan (ARAP). Annex B of the Involuntary Resettlement policy

describes an ARAP, and related guidance can also be found in the relevant IESIA

Guidance Note.

The sub-projects within the Program will principally result in economic

displacement and the outcome of an RAP is presented at the end of this RFP. For

each sub-project, a specific RAP commensurate to the scale of the physical or

economic displacement will be prepared.


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13.18.2 Outline of a RAP S/No Chapter Description

1 Description of the

Project

• Define the Project, and its components and the Project Site (s)

• Determine whether the Project will require land acquisition and

relocation of persons

• Describe the amount of land acquisition and resettlement

required

• Identify options of reducing amount of resettlement

• Quantify the options of minimizing resettlement

2 Potential Impacts

• Description of project components that can give rise to

resettlement

• Detailed description of impacts and alternatives considered to

minimize resettlement

3 Organizational

responsibility

• Identification of institutions for execution of the RAP

• Evaluation of capacity and commitment of such institutions to

carry out resettlement plan

• Consideration for strengthening institutions and steps to be

taken together with timetable for implementation and budget

• Involvement of local people and CSOs in planning

implementation and monitoring of resettlement

4 Community

Participation

• Detailed description of consultation and participation of

displaced and host communities in design and implementation

of the resettlement activities.

• Details of views expressed and how they were taken into

account during preparation of resettlement plan

• A review of resettlement alternatives presented and choices

made by displaced person including compensation and

resettlement assistance

• Description of procedure for redress of grievances by project

affected people which shall be accessible throughout planning

and implementation

5 Integration with

Host Community

• Details of consultations with host communities and local

governments and arrangements for prompt tendering of any

payments due to host for land and other assets

• Details of addressing any conflict between resettlers and host

community (if any)

• Details of efforts made to augment public services e.g. water,

education, health etc.

6 Socio-Economic

Studies/Census

• Population census covering affected community/individual and

their assets. Baseline information on livelihoods and standards of

living of the displaced population

• Inventory of assets of displaced households, extent of physical

and economic displacement.

• Information on disadvantaged groups or persons whom special

provisions may have to be made

• Updated information on displaced person’s livelihood and

standards of living at regular intervals

• Description of land tenure system in place, lot sizes and any

cultural heritages/values that may be restricted by the project

• Description of type and size of infrastructure and other services

that may be impacted


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S/No Chapter Description

• Summarize impacts of the project for each categories of

affected groups

• Social and cultural characteristics of displace communities

7

Legal/Institutional

Framework,

including

mechanisms for

conflict resolution

and appeal

• Details of local agencies responsible for resettlement

• Details of applicable legal and administrative procedures

including a description of the remedies available to displaced

persons in the judicial process

• Details of laws and regulations relating to agencies responsible

for implementing resettlement activities.

• Details of legal steps necessary to ensure the effective

implementation of resettlement activities

8 Institutional

framework

• Details of agencies responsible for resettlement activites and

NGOs that may have role in project

• Details of institutional capacity of agencies and CSOs

9 Eligibility and

Entitlements

• Definition of displaced persons and criteria for determining

eligibility for compensation and other resettlement assistance.

• Details of cut-off date

10

Valuation of, and

compensation for

losses

• Appoint Registered/District Valuer for compensation purposes

• Carry out consultation with affected persons

• Identify and inspect affected assets for valuation

• Process Valuation Report and prepare Compensation Schedule

• Determine whether additional income assistance is necessary

• Details of methodology used for valuation

11

Identification and

selection of

resettlement site,

site preparation

and relocation.

• Determine need for relocation and discuss with affected person

• Select site for relocation and make arrangement for land titling

in favour of resettlers

• In consultation with respective District Settlement Planning

• Department, prepare Resettlement Plan

• Discuss outsourced services if any and draw up cost implications

• Ensure Plan comply with environmental consideration

• Evaluate the impact of the Plan on host community

• Determine any special assistance measures necessary to

vulnerable groups

• Identify risks associated with the Plan and chart out ways of

overcoming them

• Provide information on updating of the Plan

• Details of legal arrangements for regularizing tenure and

transferring titles to resettlers

12

Shelter,

Infrastructure and

social services

• Details of social development services planned to be

implemented for host communities

13 Environmental

protection

• Details of environmental impacts of proposed resettlement and

mitigation measures

14 Implementation

schedules

• Details of implementation schedule for resettlement from

preparation to final implementation including target dates for

achievement of expected benefits to resettlers

15 Costs and Budget

• Prepare a financial plan with emphasis on responsibilities and

accountability

• List sources of funds

• Identify components of the sub-project that may require

additional external funding

• Discuss provisions for handling price fluctuations, contingencies

and excess expenditure

• Prepare a template for Project Cost Estimate/budget


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S/No Chapter Description

16 Monitoring and

Evaluation

• Discuss measures for external and internal monitoring

• Define monitoring indicators

• Determine mode and frequency of reporting and content of

internal monitoring

• Discuss feedback mechanism

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