CONTRIBUTOR: ANEKWE ANGELA EKENE

INTRODUCTION

Climate change pose significant threats to Nigeria, exacerbating environmental challenges such as desertification, flooding, and biodiversity loss. While Nigeria has developed several environmental policies, including the National Policy on Environment (2016) and the Climate Change Act (2021), the effectiveness of these policies remain limited due to weak implementation and insufficient political will.^[1]

This article evaluates Nigeria’s regulatory and legal efforts in combating environmental degradation and addressing climate change. It begins by identifying key environmental laws such as the NESREA Act, Environmental Impact Assessment Act, and various sector-specific regulations. The article also examines Nigeria’s international obligations under treaties like the Paris Agreement and how they are being domesticated. It highlights regulatory weaknesses, enforcement bottlenecks, and the overlap of agencies, which often hinder environmental protection. The article further analyses climate-related risks such as desertification, oil pollution, and flooding in Nigeria and critiques the government’s climate policies. Finally, it suggests pragmatic legal reforms and institutional restructuring to make Nigeria’s environmental governance more responsive and accountable.

ENVIRONMENTAL LAW AND CLIMATE CHANGE IN NIGERIA

Environmental law in Nigeria has evolved significantly over the decades, largely in response to growing ecological threats such as deforestation, desertification, oil pollution, flooding, and the broader impacts of climate change.^[2] However, while a number of legal instruments exist to address environmental issues, the regulatory and institutional landscape remains fragmented, under-enforced, and ill-equipped to meet the urgency of Nigeria’s climate challenges.

Climate change is a significant global challenge, with adverse impacts on ecosystems, economies, and human livelihoods.^[3] Nigeria, as the most populous nation in Africa, faces severe climate risks, including rising temperatures, desertification, coastal erosion, flooding, and irregular rainfall patterns.^[4] These environmental challenges threaten food security, water resources, public health, and overall economic stability particularly in climate-sensitive sectors such as agriculture and fisheries.^[5] The country’s geographical diversity exacerbates its climate vulnerability.

The northern region experiences increasing desert encroachment due to prolonged droughts, while the southern coastal areas are at risk of sea-level rise and recurrent flooding.^[6] Extreme weather events, such as the 2012 nationwide flooding that displaced over 2 million people, highlight the urgency of climate resilience strategies. Despite Nigeria’s commitment to international climate agreements, such as the Paris Agreement and the United Nations Sustainable Development Goals (SDGs), the country continues to struggle with weak environmental governance and policy enforcement.^[7]

THE LEGAL FRAMEWORK FOR ENVIRONMENTAL PROTECTION IN NIGERIA

The negative impacts of climate change and environmental degradation in Nigeria have awakened the need to address the continuous negative effects and to preserve the environment. The Nigerian government, in line with the international best practice have put measures in place, such as laws and regulations to help regulate the human activities causing the Large-scale of environmental problems, such as climate change, water pollution, air pollution, loss of biodiversity, trade in endangered plant and animal species, and forced displacements amongst others, resulting from resource exploitation of Multinational Corporations and other industrial activities^[8]. Some of these legal frameworks are:

1. National Environmental Standard and Regulation Establishment Act No. (25)2007

The Federal Government, in line with section 20 of the 1999 Constitution of the Federal Republic of Nigeria, established the National Environmental Standards and Regulations Enforcement Agency (NESREA), a parastatal of the Federal Ministry of Environment^[9]. NESREA was established by section 1 of the Act^[10] and is conferred on it corporate personality with perpetual succession, common seal and power to sue and be sued. NESREA has responsibility for the protection and development of the environment, biodiversity conservation and sustainable development of Nigeria’s natural resources in general and environmental technology, including coordination and liaison with relevant stakeholders within and outside Nigeria on matters of enforcement of environmental standards, regulations, rules, policies and guidelines. The NESREA Act empowers the Agency to be responsible for enforcing all environmental laws, guidelines, policies, standards and regulations in Nigeria, as well as enforcing compliance with provisions of international agreements, protocols, conventions and treaties on the environment to which Nigeria is a signatory^[11].

However, the NESREA Act specifically exempts the oil and gas sector from its sphere of regulation on a myriad of issues and expressly prohibits the agency from interfering in petroleum matters. This is a major gap considering that the oil and gas industries are considered key polluters of the environment in Nigeria. There is a need for effective legislation to combat the problem of gas flaring, oil spills, and other activities that contribute significantly to climate change in the country.^[12] Therefore, the act should be repealed to expand the powers of the agency to cover environmental issues arising from the oil and gas sector.

1. The Environmental Impact Assessment (EIA) Act, Cap E12, LFN, 2004

The EIA Act is a non-sectoral environmental legislation which applies to many industries. However, the analysis of the EIA Act in this part is limited to the application of the Act to upstream oil and gas development activities in Nigeria. The general objective of the EIA Act is to ensure that activities that are “likely” to affect the environment are not approved without the environmental effects of the proposed activity being taken into consideration^[13]. Paragraph 7 of the Schedule to the EIA Act specifically provides that under petroleum, the following activities are subject to mandatory EIA: oil and gas fields development, construction of offshore pipelines above 50 kilometres in length, construuction of oil and gas separation, handling and storage facilities, construction of refineries, construction of product depots for the storage of petrol, gas or diesel which are located within 3 kilometres of any commercial, industrial or residential areas and which have combined storage capacity of 60,000 barrels or more.^[14]When undertaking EIA of a proposed oil and gas project in Nigeria, the proponent of the project shall provide EIA information.

The Act was promulgated to ensure environmental soundness and sustainability for project development. It is a direct outcome of the United Nations’ directive at its Conference on the Environment and Development (UNCED) held in Rio de Janeiro in 1992, wherein it directed that countries should enact laws that would check environmental degradation and at the same time not jeopardise economic development. The Act tends to ensure that all possible negative impacts of developmental projects are predicted and addressed prior to the takeoff of the proposed project.^[15]The Act requires that the public or private sector of the economy shall not undertake, embark or authorise projects or activities without prior consideration at an early stage of their environmental impact. Where the extent, nature or location of a proposed project or activity is such that it is likely to significantly affect the environment, its environmental impact assessment shall be undertaken in accordance with the provisions of the Act.^[16]

International Commitments and Domestic Implementation

The Paris Agreement and Nigeria’s Nationally Determined Contributions (NDCs): The Paris Agreement, often referred to as the Paris Accords or the Paris Climate Accords, is an international treaty on climate change. Adopted in 2015, the agreement covers climate change mitigation, adaptation, and finance. The Paris Agreement was negotiated by 196 parties at the 2015 United Nations Climate Change Conference near Paris, France^[17]. The agreement aims to have a stronger response to the danger of climate change; it seeks to enhance the implementation of the United Nations Framework Convention on Climate Change through^[18] The purpose is that Emissions should be reduced as soon as possible and reach net zero by the middle of the 21st century^[19]. Nigeria ratified the Paris Agreement in 2017, committing to cut greenhouse gas (GHG) emissions by 20% unconditionally and up to 45% with international support by 2030. To implement this, Nigeria submitted its Nationally Determined Contributions (NDCs) and adopted climate strategies aimed at renewable energy expansion, energy efficiency, reforestation, and reduced gas flaring.

The Climate Change Act 2021: This legislation is designed to provide a legal framework for the effective implementation of climate change strategies, policies, and action plans in Nigeria. The Act sets out provisions for the promotion of low-carbon development, the adoption of clean energy sources, and the reduction of greenhouse gas emissions. It is expected that the implementation of the Climate Change Act 2021 will enable Nigeria to achieve a reduction of greenhouse gases and carbon emissions to an internationally acceptable level.^[20]However, despite the positive steps taken by the Nigerian government with the Climate Change Act, there are gaps in national laws related to corporate accountability, climate change, and environmental protection. These gaps can hinder the effective implementation of climate policies and actions, as well as the enforcement of environmental regulations^[21]. One of the key gaps is the lack of stringent measures to hold corporations accountable for their environmental impact^[22].

ENVIRONMENTAL POLICY

Environmental policy serves as a critical tool for addressing climate change by promoting sustainable resource management, emissions reduction, and climate adaptation measures.^[23] In Nigeria, key legislative and policy frameworks, such as the National Policy on Environment and the Climate Change Act (2021), outline strategies for mitigating climate risks (Federal Ministry of Environment [FME], 2021). These policies aim to regulate land use, reduce deforestation, promote renewable energy, and strengthen institutional frameworks for environmental protection. However, the success of these policies depends on effective implementation, which requires political commitment, adequate funding, and institutional coordination.^[24] Weak governance structures, corruption, and limited technical capacity have hindered policy enforcement, reducing Nigeria’s ability to build long-term climate resilience.^[25] Despite the presence of comprehensive environmental policies, Nigeria continues to experience environmental degradation and climate-induced disasters. A critical factor undermining policy effectiveness is the lack of strong political will and poor implementation mechanisms.^[26] Political leaders often prioritise short-term economic gains over sustainable environmental practices, leading to inadequate policy enforcement.^[27] Furthermore, bureaucratic inefficiencies, weak institutional coordination, and corruption have contributed to poor policy outcomes^[28].

Environmental and Climate Challenges in Nigeria

Desertification: Nigeria is among the countries severely affected by desertification, particularly in the Sahelian north. According to the United Nations Convention to Combat Desertification (UNCCD), desertification affects over 60% of the land in eleven northern states. Deforestation, overgrazing, and poor land-use practices exacerbate the problem.

Oil Pollution and Gas Flaring: The Niger Delta remains one of the most environmentally degraded regions in the world. Decades of oil spills, illegal bunkering, and gas flaring have contaminated water sources, destroyed livelihoods, and reduced biodiversity. Although the Petroleum Industry Act 2021 provides for environmental remediation and host community development, enforcement remains weak.

Urban Flooding and Coastal Erosion: Climate change has amplified urban flooding in Lagos, Port Harcourt, and other cities. Poor drainage, unregulated development, and sea level rise contribute to severe flooding, resulting in property damage, displacement, and health hazards.

Deforestation and Waste Mismanagement: Nigeria has one of the highest deforestation rates in the world. Illegal logging, agricultural expansion, and fuel wood harvesting continue to deplete forests. Meanwhile, solid waste management remains inadequate, particularly in urban areas.

CONCLUSION

While Nigeria has laid a foundational legal framework to tackle environmental degradation and climate change, significant policy gaps and enforcement deficits persist. Fragmented regulation, weak institutional coordination, and the marginalisation of affected communities continue to hamper meaningful progress. For environmental and climate laws to be truly impactful, they must be supported by coherent policy strategies, institutional reforms, and active stakeholder engagement. Only then can Nigeria meet its environmental protection objectives and fulfil its international climate obligations in a manner that is equitable, just, and sustainable.

RECOMMENDATIONS

To address the identified legal and policy gaps, Nigeria must prioritise the harmonisation and modernisation of its environmental laws. This includes reviewing outdated legislation, such as the Environmental Impact Assessment Act, to reflect emerging environmental and climate realities. Stronger synergies between federal and state environmental authorities are also essential. The mandates of institutions such as NESREA, the Ministry of Environment, and the National Council on Climate Change must be delineated to eliminate duplication and foster cooperation. Moreover, environmental laws must be integrated across all sectors, particularly extractive industries, through clear guidelines on compliance, sanctions, and monitoring mechanisms.

Furthermore, effective enforcement remains the missing link in environmental governance. To bridge this gap, Nigeria should invest in institutional capacity, including funding, technical expertise, and judicial training on environmental justice. The creation of environmental courts or tribunals, as seen in other jurisdictions, could enhance the speedy adjudication of climate and environmental disputes. Public awareness and participation, especially by host communities, should be institutionalised through mechanisms that ensure transparency, access to environmental information, and community-led monitoring. Only through such comprehensive legal, policy, and institutional reforms can Nigeria transition from reactive responses to a proactive and sustainable model of environmental and climate governance.

REFERENCE

1. Akinlabi Akinwale, John, & Ikwuoma & Sunday Udochukwu, ‘The Role of Environmental Policy in Nigeria’s Climate Resilience: Evaluating the Impact of Political Will and Policy Implementation’ (2025) Vol. 11, No. 1 International Journal of Innovative Research in Social Sciences and Strategic Management Techniques p.194 ↑
2. Acheampong A, ‘Community-based adaptation and environmental governance in Ghana’ (2020) African Journal of Climate Studies, 10(2), 45–62. ↑
3. IPCC, Climate change 2021: The physical science basis (Cambridge University Press, 2021) ↑
4. Nwafor, J. C, ‘Climate change impacts and adaptation strategies in Nigeria’ (2020) African Journal of Climate Science, 8(3), 45–61. ↑
5. Adelekan, I. O, ‘Urban dynamics and vulnerability to climate change in Nigeria’ (2018) Environmental and Urbanization, 30(2), 1–18. ↑
6. Oladipo, E. O, ‘Climate variability and change in Nigeria’ (2019) 10(1), Journal of Environmental Change Studies, 89–104 ↑
7. Okonkwo U et al, ‘Governance, policy, and climate resilience in Nigeria: Challenges and opportunities’ (2022) 11(2), Journal of Environmental Policy Analysis, 56–78 ↑
8. D. S Olawuyi, ‘ Corporate Accountability for the Natural Environment and Climate Change’ (2021) pp.234- 259 ↑
9. National Environmental Standards and Regulations Enforcement (Establishment) Act 2007. ↑
10. NESREA Act 2007, section 1 ↑
11. Ibid, s.32(1) ↑
12. N Kingsley ‘An Evaluation of the Role of NESREA in Preventing Oil and Gas Pollution in Nigeria’ (2021) https://www.researchgate.net/publication/360939433_An_Evaluation_of_the_Role_of_NESREA_in_Preventing_Oil_and_Gas_Pollution_in_Nigeria>> accessed 26 July, 2024. ↑
13. Environmental Impact Assessment Act, 2006, section 1(a) & 2(1) ↑
14. I. L Worika, ‘Environmental Impact Assessment of Oil and Gas Project’ (2003)1 Oil, Gas and Energy Law Intelligence ↑
15. J. C. Nwafor, Environmental Impact Assessment for Sustainable Development: The Nigerian Perspective, Environmental and Development Policy Centre for Africa EDPCA(Enugu, Nigeria, 2006) P. 441 ↑
16. Environmental Impact Assessment (EIA) Act Cap E12, LFN, 2004, Section 2 ↑
17. Paris Agreement, ‘United Nations Treaty Collection’ (2021) ↑
18. Article, 2 ↑
19. UNFCCC, ‘The Paris Agreement’ (2021) unfccc.int. ↑
20. L. Olayinka, Ojimba & Nweze ‘Nigeria: The Climate Change Act 2021; Key points for consideration’ (2023) ↑
21. F. Tuodolo, ‘Corporate social responsibility: Between civil society and oil industry in the developing, (2009),Vol.8, No.3, ACME: An International E-Journal for Critical Geographies, pp.530-541. ↑
22. Ibid ↑
23. Schoenefeld J. J & Jordan A. J, Governing climate change: Polycentricity in action?(2017) 16(3), Cambridge Journal of Environmental Policy, 221–237. ↑
24. Olawuyi D. S, ‘Environmental law and sustainable development in Nigeria’ (2020) 15(1), Nigerian Journal of Environmental Law, 12–34. ↑
25. Agboola O. S & Emmanuel I, ‘Policy failure and environmental governance in Nigeria’ (2021), 9(1), African Journal of Environmental Studies, 22–39 ↑
26. Ibrahim, H & Ajibade, T ‘Climate policy and political will: Examining Nigeria’s environmental governance landscape’ (2022), 14(4), Sustainability Research Journal, 32–49 ↑
27. Eze, P., & Chukwuemeka, E. ‘Political will and the crisis of environmental policy implementation in Nigeria, (2019), 5(2), Journal of African Governance, 78–96. ↑
28. Okonkwo, U., Anuforo, H., & Chidi, A, ‘Governance, policy, and climate resilience in Nigeria: Challenges and opportunities, (2022), 11(2), Journal of Environmental Policy Analysis, 56–78. ↑