ASSESSMENT OF LEGAL FRAMEWORKS ON ENVIRONMENT AND CLIMATE CHANGE ENFORCEABLE IN NIGERIA BY THE NATIONAL ENVIRONMENTAL INSTITUTION

Abstract

It is supererogatory to reiterate that the environment and climate change issues are both cardinal to human continuous existence and sustainable development because of their direct impact on man. Given the environmental challenges and change in climate in recent years, globally coordinated efforts have culminated in adoption of multifarious regulatory frameworks to manage these challenges in Nigeria. By the combined effects of sections 2 and 7 of the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act 2007 (NESREA Act), NESREA has the responsibility of enforcement of all ‘laws’ relating to the environment and climate change in Nigeria, be it domestic or international. The question raised by this development include, how adequate are those enacted laws and or rules on environment and climate change? How much of the enforcement of these laws has been carried out in Nigeria, among others? Using a doctrinal research method, this paper answers inter alia those agitating questions and argues that, available regulatory frameworks on the environment and climate change in Nigeria are inadequate. The paper further argues that the extant legal frameworks among other things lack effective enforcement mechanism and efficacious penalties, the concomitant effect of which is fecklessness of the regime generally in achieving its aims.