Ibrahim Shehu ALIYU (Ph.D.) & Sadiq Usman ABUBAKAR
Environmental protection in Nigeria is hindered by numerous challenges, despite the existence of a robust legal framework. This paper examines Nigeria’s environmental legal frameworks, focusing on enforcement mechanisms, institutional weaknesses, and existing gaps. Using a doctrinal research methodology, it analyses key legal instruments, including the Nigerian Constitution, the Petroleum Industry Act (PIA), and the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act. The study highlights persistent challenges, such as inadequate funding, insufficient staffing, and corruption, which undermine regulatory agencies like NESREA and hinder their capacity to enforce environmental laws effectively. Additionally, the paper addresses the non-justiciability of certain constitutional provisions, which prevents citizens from directly seeking judicial intervention for environmental violations. Another key challenge discussed is the lack of public awareness regarding environmental rights, which limits citizens’ ability to hold polluting industries accountable. The research identifies a critical enforcement gap, especially in the oil and gas sector, where regulatory bodies like NESREA have no jurisdiction over petroleum operations, exacerbating inefficiencies. The paper also emphasizes that overlapping responsibilities between agencies further complicate enforcement. It suggests practical solutions to improve environmental governance, including strengthening regulatory agencies through better funding, expanding NESREA’s jurisdiction to include the oil and gas sector, harmonizing agency roles, combating corruption, and increasing public awareness. Judicial reforms, such as the establishment of specialized environmental courts and the recognition of enforceable environmental rights, are also recommended. Ultimately, the study advocates for a holistic approach that integrates institutional reforms, public engagement, and judicial efficiency to ensure sustainable environmental management in Nigeria.
Keywords: Environmental protection, legal frameworks, regulatory agencies, oil and gas sector.