ENFORCEMENT OF ENVIRONMENTAL LAWS IN NIGERIA

Abstract

In Nigeria the problem of enforcement of environmental laws has been of crisis proportions, ranging from corruption/ porous borders/collusive practices; lack of adequate funding; lack of qualified technical staff; joint ventures/government interest; wording of the existing laws; lack of infrastructure/poor access to places of offences; poor incentives/welfare for government officers; non-stringent/obsolete penalty; poverty; globalization resulting to the ineffectiveness of the laws. Although there exists a plethora of laws protecting the environment from damage in Nigeria, the enforcement mechanisms of these environmental laws have remained ineffective as regulatory authorities in Nigeria have over time been inclined to exhibit indolence in the performance of their functions. The laws are not enforced in an effective manner because they exist only in books. However, a number of positive results have been achieved in use of the different mechanisms to enforce these existing laws such mechanisms include fines, conviction, restitution, remediation, forfeiture and imprisonment. This paper focuses on and appraises some of the enforcement mechanisms of environmental laws in Nigeria to resolve the issues of environmental degradation and the efficacy of these mechanisms. This paper further examines the different established enforcement agencies for environmental standards, regulations, rules, laws, policies and guidelines. These agencies have responsibilities for the protection and development of the environment. This paper suggests ways to enhance regulatory institutions.