RECYCLING OF SOLID WASTE MATERIALS AND THE POLLUTER-PAY PRINCIPLE IN ENVIRONMENTAL PROTECTION IN NIGERIA: A LEGAL EVALUATION

Angela E. OBIDIMMA; Lucky Eloka ONWUDINJO

Abstract


Indiscriminate solid waste disposal accounts for one of the greatest losses plaguing the ecosystem. These incessant refuse and solid material dumping has made Nigeria unsafe to live in terms of clean environment. Major cities like Lagos and Aba are constant death traps and this littering of waste has aggravated flooding and erosion now than in previous decades. While a school of thought argues that the depth of environmental degradation in the country is a result of over-population, another school of thought blames it on the poor social orientation of the people. Of the thirty six States in the country, only Akwa Ibom, Cross River, Ebonyi, and some parts of the FCT are adjudged average on ratings of clean States in the country. This situation is alarming, and because there is the need to replenish lost resources from pollution and deter future environmental pollution, Nigeria has attempted to inculcate the Polluter-Pays Principle in determining who pays for the use and misuse of the environment. This research aimed at appraising the benefits and sentiments of recycling solid waste materials in Nigeria while particularly identifying the loopholes in the Polluter-Pays Principle and how it can be remedied. The research methodology employed in this work is mixed method combining the doctrinal and empirical research methodologies. In the course of this research, the writer made use of sources like the internet, journals, articles, textbooks, and case laws. The writer also made use of analytical, comparative methods in arriving at meaningful contributions in this area of law. In this work, the author observes that by holding a polluter responsible for injuries from pollution caused by him he would be very careful not to pollute the environment.

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