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4 RUNJJIL 1 (2024)

handle is hein.journals/rsuvyna4 and id is 1 raw text is: Redeemer's University Nigeria, Journal of Jurisprudence & International Law (RUNJJIL) Volume 4(1)
2024
Achieving Universal Access to Clean Water in
Nigeria: An Analysis of Extant Laws and Policies
Ngozi Chinwa Ole, LL.B, LL.M, PhD
Senior Lecturer/Head, Public Law, Faculty of Law,
Federal University, Oye Ekiti, Ekiti State, Nigeria.
Email: olengozi@gmail.com
Abstract
There is a growing and urgent demand for access to sustainable water supply and sanitation
in Nigeria. The present circumstances, marked by water emerging as a tradable commodity,
the ongoing COVID-19 pandemic, escalating environmental pollution, and the impacts of
climate change, underscore the pressing necessity for robust water protection measures and
systemic governance in Nigeria and on a global scale. Therefore, addressing today's water
scarcity requires a progressive securitization strategy. This approach should be propelled by
considerations of availability, affordability, accessibility, hygiene, sustainability, and,
foremost, a commitment to environmental principles and sanctity. This paper uses the socio-
legal methodology to investigate the extent to which Nigerian policy and legal regime support
universal access to sustainable, clean water supply and sanitation, based on the United
Nations Sustainable Development Goal (SDG) (6) six. It contends that current laws are
insufficient to the extent necessary for achieving one hundred percent access to clean water in
Nigeria. Firstly, it presents a situational analysis of water supply access, examining barriers
that hinder equitable access to safe and affordable water in the country. The major
impediment identified is a lack of funding. Subsequently, the effectiveness of current water
policies and laws is assessed. Notably, it argues that the non-justiciability of the government's
duty to provide water facilities in the 1999 Constitution of the Federal Republic of Nigeria
(As Amended) significantly diminishes its impact. Furthermore, the licensing regime for water
projects under the Nigerian Water Resources Act 2004 exacerbates the funding issue, as
investors are obligated to pay processing fees before initiating a project. The article
scrutinizes the Nigeria Water Resources Bill 2020 and concludes that it lacks progressiveness
in addressing the identified flaws in the existing legal framework. The article provides
significant policy implications, particularly in recognizing and remedying critical
impediments to adequate water supply and sanitation.
Keywords: Water Access, Water Sanitation and Hygiene, Sustainable Development Goals,
Water Policies, Nigeria Water Resources Bill 2020.

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