MYRIADS OF UNDER-ENFORCED LEGISLATION: THE GAP BETWEEN ENVIRONMENTAL LAWS ENFORCEMENT AND REGULATIONS IN THE OIL AND GAS SECTOR IN NIGERIA

Abstract

Despite having a robust framework of environmental laws and regulations, Nigeria’s oil and gas industry continues to grapple with its practice and regulation. This study examines the gap between environmental laws and regulations and their enforcement in the oil and gas industry in Nigeria, particularly in the Niger Delta. Using doctrinal research methodology, and a critical analysis of existing literature, texts, academic writings, journals, laws, and policies, this research identifies the historical, institutional, and socio-political factors that contributes to the ineffective enforcement of environmental legislations. Findings reveal that while Nigeria has several legislations meant for the regulation of the oil and gas industry and the protection of the environment, a complex snare of challenges, including weak enforcement, institutional challenges, inadequate funding, multiplicity and duplicity of the duties and functions of these laws and the non- justiciability of environmental rights under the 1999 constitution hinders their effectiveness. This paper contributes to the understanding of the dynamics of environmental governance in Nigeria’s oil and gas industry and highlights the need for a more effective and inclusive approach to environmental regulations and enforcement, and advances recommendations on policy reforms including amendment of the constitution, strengthening the requisite existing institutions, community engagement and integration to bridge the gap between environmental laws and regulations and their enforcement in the drive to strike a balance in environmental protection and ultimately promoting sustainable development and environmental harmony and justice in Nigeria.