An Appraisal of the Legal Framework for Environmental Protection in Nigeria

Abstract

As the most recent and comprehensive statutes on environmental matters in the country, an understanding of the substantive and some procedural aspects of the NESREA Act (No.25 of 2007) as well as the Agency established thereunder is a necessary predicate to the study and practice of environmental law. This paper is therefore dedicated to highlighting and examining the provisions of that Act, and to critically appraise its adequacy, efficiency and utility or otherwise, with a view to suggesting possible amendments thereto, in order to ensure an effective pollution control and to meet the challenges posed by globalization. In appraising the Act, emphasis is placed on the issues of Environmental Impact Assessment and Statements under the statutory powers of the Agency, enforcement methodologies and penalties with a view to determining their effects at preventing environmental abuses. In the final part of the paper far reaching recommendations are made for improved statutory regulations.