An examination of the legal requirements in-place to safeguards the use of radioactive materials in and within Nigeria

1. Legal Framework for the Control of
Radioactive Material in Nigeria
By
Abdulhadi Abdullahi Esq
Assistant Director/ Secretary
National Institute of Radiation Protection &
Research, University of Ibadan
NIGERIAN NUCLEAR REGULATORY AUTHORITY
9th
June 2015Nigerian Customs Service . Ibadan

2. Objective
To highlight the importance and provisions of the
Nuclear Safety and Radiation Protection Act 19, 1999.
 Nigerian regulations for the safety and security of
radioactive sources
 Aims & Objectives of the MoU
9tth
June 2015Nigerian Customs Service Ibadan

3. Outline
Legal Framework
International Framework
Nigerian Regulations for the safety and security of
radioactive sources
 MoU Between NNRA & NCS
Challenges & Recommendation
Conclusions
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4. Legal Framework (Functions)
Section 4. the Authority shall be charged with the
responsibility for nuclear safety and radiological
protection regulation in Nigeria
S,4a. regulate the possession and application of
radioactive substances and devices emitting
ionizing radiation;
S.4b. ensure protection of life, health, property
and the environment from the harmful effects of
ionizing radiation, while allowing beneficial
practices involving exposure to ionizing radiation:

5. Legal Framework (Functions)
S.4d. perform all necessary functions to enable
Nigeria meet its national and international
safeguards and safety obligations in the application
of nuclear energy and ionizing radiation
S.4e. advise the Federal Government on nuclear
security, safety and radiation protection matters:
and
S.4f. liaise with and foster co-operation with
international and other organizations or bodies
concerned having similar objectives.
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6. Legal Framework (Powers)
S.6a. categorize and license activities involving exposure to
ionizing radiation, in particular, the possession, production,
processing, manufacture, purchase, sale, import, export,
handling, use, transformation, transfer, trading, assignment,
transport, storage and disposal of any radioactive material,
nuclear material, radioactive waste, prescribed substances and
any apparatus emitting ionizing radiation:
S.6b. establish appropriate register for each category of
sources or practices involving ionizing radiation:

7. Legal Framework (Powers)
S.6d. issue codes of practice which shall be binding
on all users of radioactive and prescribed substances,
and of sources of ionizing radiation
S.6e. review and approve safety standards and
documentation:
S.6f. protect the health of all users, handlers and the
public from the harmful effects of ionizing radiation

8. Legal Framework (Powers)
S.6h. establish in co-operation with other competent
national authorities, plans and procedures which shall be
periodically tested and assessed for coping with any
radiation emergency and abnormal occurrence involving
nuclear materials and radiation sources

9. Legal Framework (Powers)
S.6j. do everything necessary to ensure that all concerned
persons and bodies comply with laid down regulations
under this Act.

10. Legal Framework (Powers)
In exercise of its powers under. S.6j, NNRA established
a regulatory control regime:
 Regulations and Guidance
 Authorization
 Oversight Functions
 Ancillary Functions
 Emergency Planning and Response

11. Legal Framework (Powers)
Regulations and Guidance
 The Nigeria Basic Ionizing Radiation
Regulations (NiBIRR) was issued in 2003. (Non
practice specific)
 Additionally, the following Seven (7)
Regulations were also gazetted:
 Nigerian Regulations for Radiation Safety in
Radiotherapy Practice
 Nigerian Regulations for Radiation Safety in
Diagnostic and Interventional Radiology Practice

12. Legal Framework (Powers)
Regulations and Guidance
 Nigerian Regulations for Radiation Safety in
Nuclear Medicine Practice
 Nigerian Regulations for Radiation Safety in
Industrial Radiography Practice
 Nigerian Regulations for the Transportation of
Radioactive Sources
 Nigerian Regulations for Radioactive Waste
Management, and
 Nigerian Regulations for Safety and Security of
Radioactive Sources

13. International Framework
The specific basis for the regulation for the safety and
security radioactive sources is the IAEA Code of Conduct
on the Safety and Security of Radioactive Sources
Other support documents are:
IAEA Guidance on Import/Export
TECDOC 1355 Security of Radioactive
Sources
Categorization of Radioactive sources
RSG 1.9

14. International Framework
The Code - Scope
The Code applies to all radioactive sources that
may pose significant risk to individuals, society
and the environment (Categorization Table)
The Code does not apply to nuclear materials as
defined in the Convention on the Physical
Protection of Nuclear Material
The Code does not apply to radioactive sources
within military or defence program

15. Security concern for nuclear and
radioactive sources
Theft of nuclear materials and radioactive sources for
their shielding material
Illegal transfer of radioactive materials
Sabotage and vandalization in the oil industry and major
nuclear facilities
Temporary storage of itinerant radioactive sources
Legacy and orphan sources
Complacency
All radioactive sources are imported

16. Nigeria Safety and Security of Radioactive
Sources Regulations
In exercise of the powers conferred by Section 47 of the
Nuclear Safety and Radiation Protection Act 1995 and
of all other powers enabling it in that behalf, the
Nigerian Nuclear Regulatory Authority, with the
approval of the President, issued the regulation.

17. Objective
To achieve and maintain high level safety and security of
radioactive sources by preventing unauthorized access,
damage, loss, theft and or unauthorized transfer of
radioactive sources so as to reduce the likelihood of
accidental harmful exposure or the malicious use or act to
cause harm to individual, society or the environment and
to prevent intentional or inadvertent recycling of
radioactive metals for other uses.

18. Application
 (2) These Regulations shall apply to further the
promotion of safety and security of radioactive
sources and of the protection of individuals,
society and the environment from the harmful
effects of possible accidents and malicious acts
involving radioactive sources.

19. 6. Licence Applications
(1) No person or organisation shall import,
transport, use, transfer ownership, dispose or
export a radioactive source without an
appropriate licence from the Authority.
(2) All proposals from applicants to import,
transport, use, transfer ownership, dispose or
export a radioactive source shall specify the
following in a written application to the
Authority:
(a)the applicant’s name, address and telephone
number;
(b)the description of the source or source
containing equipment, including its quantity and
unique identifiers, radionuclide and aggregate
activity;

20. 7. Exemptions
R.7(1) These regulations do not apply to nuclear
materials as defined in the convention on the
Physical Protection of Nuclear Material, except
for sources incorporating plutonium-239
R.7(2) These regulations do not apply to
radioactive sources within military or defense
programmes

21. Objectives
. The NNRA signed the Memorandum of Understanding (MoU) with
the Nigeria Customs Service (NCS) to checkmate illicit trafficking
in nuclear and radioactive sources
The MoU was signed by the Prof. S. B. Elegba former DG/CEO of
the NNRA and Buba Gyang the former Comptroller General of
the NCS on the 18th
July 2007 at Abuja

22. The role of the NNRA
 The NNRA is to designate Airports through which
ionizing radiation sources can be imported or
exported
 The NNRA is to conduct nuclear training for
frontline border officers and guards in area of
radiation awareness and radioactive detection
equipment.
 The NNRA is to train NCS on procedures to
responds to detection of illicit trafficking in
nuclear and other radioactive materials
 The NNRA is to arrange to maintain and
periodically calibrate the radiation detection
equipment for the NCS

23. The role of the NNRA
The NNRA to provide the NCS at designated ports of entry
with quarterly personal dosimetry badges for monitoring
exposures to ionizing radiation.
The NNRA to provide plans and specification to NSC for
special storage facility at designated Airports, Seaports and
Land borders for temporary storage of radiation sources
confiscated or quarantined.
The NNRA to promptly notify the NCS of any changes,
modification or repeal of its law, regulations and licences
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24. The role of NCS
To develop appropriate strategic for the monitoring of
trans-boundary movement of nuclear and radioactive
materials
Acquire appropriate portal monitors, radiation detectors,
radiation survey meters and any relevant equipment to
support effective monitoring of the country ports.
 Develop appropriate skills of its officers by including in
the NCS curriculum training in safety and security of
radiation sources

25. The role of NCS
To establish radiation sources dedicated desks at all
ports in the Country
Not permit export of any radiation substances unless
the consignor produce a licence duly issued by the
NNRA

26. The role of NCS
Not to open any package or container bearing the
internationally recognized radiation warning symbol or
any package or containers its officers have reason to
believe may contain radiation sources unless an officer
of the NNRA or approved expert is present to direct and
supervise radiation safety procedure

27. NNRA & NCS jointly agreed
The NCS shall not loss or sell seized sources or destroy
packages/labels together with seized sources.
Both Agency to collaborate in prosecution where the
infractions of the law affect both the Act and CEMA
NCS shall not release radioactive source in which it is not
fully satisfy with the licence until it verifies from the NNRA

28. NNRA & NCS jointly agreed
The NNRA shall regularly update NCS with its list of
licenced importers, exporters and clearing agents of
radioactive material
The NCS shall reports to the NNRA any radioactive
source left for more than 30 days at its storage facility
for action.
The NCS shall exchange data with the NNRA on
import and export of radiation sources

29. Part III. Verification and Enforcement
13. Offences and Penalties
(1) Any person who contravenes any of the provisions of these
regulations has committed an offence.
(2) Any person who commits an offence under these regulations
shall be liable to the penalties as established in the enforcement
policy issued by the Authority
(3) The Authority shall impose penalties such as suspension,
revocation of authorisation, imposing administrative fine, closure of
facility or any combination of these

30. 14. Appeals
 Any person or organisation may appeal to the Board of
the Authority against any decision made by the Authority
pursuant to these regulations.

31. Challenges & Recommendations
Both NNRA and NCS are partially implementing the
provisions of the provisions of MoU.
Most important aspects of the MoU are yet to be
implemented.
The MoU is internationally recognised and is in line with
international best practice
There is the urgent need to revalidate this MoU as
Nigeria prepares to acquire nuclear energy for power
generations

32. Conclusions
Nigerian Safety and Security of Radioactive Sources
Regulations incorporates international standards for
safety and security of radioactive sources
Safety and security culture is for all concerned Nigerians
and other citizens

33. The End
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