EXAMINATION OF THE FACTORS MILITATING AGAINST ENFORCEMENT OF ENVIRONMENTAL LAWS IN NIGERIA

Abstract

The evolution of environmental laws in Nigeria began as a result of the need to combat the increasing menace and incidents of environmental issues. These challenges range from corrupt practices, lack of expertise and qualified officers, unwillingness of environmental protection officers to prosecute environmental crimes perpetrators, lack of modern knowledge and idea by judges and lawyers, government interference, statutory loopholes and judicial limitations, infrastructural deficiencies, administrative and judicial bottlenecks, non-stringent/inadequate penalties, lack of awareness of environmental rights, inept regulatory and enforcement agencies. Today the Nigerian Environment remains more threatened than ever before from the effects of environmental problems. The article critically examines and evaluates the factors militating against enforcement of environmental laws Therefore, the emphasis over environmental degradation in Nigeria is gradually shifting from the absence of adequate regulations with criminal sanctions on the environmental infractions of these laws to the enforcement of the plethora of laws. The challenges in enforcing these laws are enormous as the agencies vested with the power to enforce the laws witness some challenges such as inadequacy of trained staff and equipment and even in some cases apathy to go after offenders. The aim of this article is therefore to examine these challenges/systemic constraints to the enforcement of environmental regulations in Nigeria in order to address how the implementation and enforcement of these laws are carried out, the constraints and the challenges of enforcing the legislative sanctions.