THE ENVIRONMENTAL PROTECTION REGIME IN NIGERIA: A LEGAL ANALYSIS

Abstract

The environment comprises of land, air, water, forest, and everything that exist in them including man, and their interactions with one another. Man, in order to harness the numerous resources in his environment has devastated the environment to his own discomfort that he has no option than to resort to some remedies, to sustain and maintain an environment that will not only be in harmony with nature but also guarantees his health and safety. Thus, the Nigerian government has promulgated laws on environmental protection in Nigeria, and has, by means of legal option established an access through which international treaties, including treaties on the protection of human environment would be made relevant in Nigeria. However, the environment still appears polluted as if no legal remedies exist. This work will spotlight some of the legal instruments and their provisions on the protection of the environment in Nigeria, such as the NESREA Act 2007, the 1999 Constitution of the Federal Republic of Nigeria and others. It will also answer question as to whether these laws are obeyed or honored in breach as the reason for the continuous degradation of the Nigerian environment, or whether such reason is traceable to lack of will power and commitment on the side of the government to amend, implement or enforce laws, with the view to exposing some flaws in the laws that are deemed as impediments to environmental protection in Nigeria via appraisals, and preferring some suggestions.