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5 Beijing L. Rev. 306 (2014)
Rethinking Environmental Law Enforcement in Nigeria

handle is hein.journals/beijlar5 and id is 347 raw text is: 




Beijing Law Review, 2014, 5, 306-321                                                    Scientific
Published Online December 2014 in SciRes. http:/!www.scirp.org/journal/blr              Resarc
                                             ______________________Research
htt ://dx.doi.org/10.4236/blr.2014.54029





      Rethir kig Environmental Law

      Entorcemenit in Nigeria



      Hakeem Ijaiya, 0. T. Joseph
      Department of Private and Property Law, Faculty of Law, University of Ilorin, Nigeria
      Email: hakeemijaiva yahoo.com, hakeemijaiya maiI.com, buzeejozeea _yahoo.com

      Received 24 September 2014; revised 12 November 2014; accepted 26 November 2014

      Copyright © 2014 by authors and Scientific Research Publishing Inc.
      This work is licensed under the Creative Commons Attribution International License (CC BY).
      hi.tr lcreatvecommon.orz/Iicenses/bY4.0/






      Abst
      Environmental degradation has continued to generate unpleasant challenges for health and eco-
      nomic development in Nigeria. Some of these problems include deforestation, pollution, global
      warming and improper pesticides. Despite environmental laws and policies targeted at ameli-
      orating these problems, the situation in Nigeria seems degenerating owing to the fact that these
      laws are not effectively enforced. This paper analyzes the use of environmental laws by different
      enforcement agencies in Nigeria, the methods of enforcement these agencies invoke, and the chal-
      lenges they face in enforcing the relevant laws. These challenges include low-level constitutional
      provision for environmental protection, roles and conflicts in environmental management, undue
      adherence to legalism by the courts and absence of mandatory disclosure of information. Thus, the
      legislative objectives remain unachieved because enforcement is superficial; excessive time exists
      between non-compliance and enforcement; available punishment for non-compliance is inade-
      quate; injured parties are not properly compensated; and some environmental crimes receive
      administrative instead of remedial measures or criminal punishments. The study advocates for
      the encouragement of private and public interest litigation, creation of procedure for enhancing
      public participation in Nigerian environmental protection, creation of environmental emergencies
      and establishment of environmental courts.

      Ke1-ords

      Environments, Environmental Protection, Environmental Agencies




      1. Introductio

      The essence of a good environment can never be over-emphasised. The interdependency of man with or within


      How to ct  ; .aper: Ijaiya, H., & Joseph, 0. T. (2014). Rethinking Environmental Law Enforcement in Nigeria. Beijing Law
      Review, 5, 306-321. http://dx.doi org/10.4236/blr.2014.54029

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