Rethinking Environmental Law Enforcement in Nigeria

Abstract

Environmental degradation has continued to generate unpleasant challenges for health and economic development in Nigeria. Some of these problems include deforestation, pollution, global warming and improper pesticides. Despite environmental laws and policies targeted at amelio-rating these problems, the situation in Nigeria seems degenerating owing to the fact that these laws are not effectively enforced. This paper analyzes the use of environmental laws by different enforcement agencies in Nigeria, the methods of enforcement these agencies invoke, and the challenges they face in enforcing the relevant laws. These challenges include low-level constitutional provision for environmental protection, roles and conflicts in environmental management, undue adherence to legalism by the courts and absence of mandatory disclosure of information. Thus, the legislative objectives remain unachieved because enforcement is superficial; excessive time exists between non-compliance and enforcement; available punishment for non-compliance is inadequate; injured parties are not properly compensated; and some environmental crimes receive administrative instead of remedial measures or criminal punishments. The study advocates for the encouragement of private and public interest litigation, creation of procedure for enhancing public participation in Nigerian environmental protection, creation of environmental emergencies and establishment of environmental courts.

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