Environmental Laws and Sustainable Development in Nigeria: Current Status and Future Directions

Contributed By Amaefule Linda Esq.

INTRODUCTION

Sustainable development refers to the practice of meeting the needs of the present generation without compromising the ability of future generations to meet their own needs. It encompasses economic, social, and environmental considerations that aim to strike a balance between the current pressing needs and the long-term well-being of inhabitants and their habitation^[1].

It should be carefully noted that there is a direct conjunction between the sustenance of life and its preservation for future generations. It therefore goes without saying that sustainable development takes cognizance of the desire to meet today’s needs but places a premium on meeting these needs without sacrificing the quality of the life of those to come.

Sustainable development requires long-term thinking and planning and involves a diverse range of stakeholders, including governments, businesses, civil society, and local communities, in decision-making processes to ensure that multiple perspectives are considered and plans, properly implemented^[2].

Environmental sustainability is a critical aspect of the overarching concept of sustainable development which emphasizes the responsible stewardship and conservation of the natural environment, with the primary goal of safeguarding its enduring vitality.

Environmental sustainability is a broad umbrella with several branches ranging from climate change mitigation, waste recycling, and biodiversity preservation to the conservation of natural resources. The branch concerned regardless, an effective framework remains instrumental to ensuring that environmental sustainability does not remain;3 an unattainable height in Nigeria^[3]. We would therefore briefly examine the laws that protect the environment and its continuity within the nation.

AN EXAMINATION OF EXTANT ENVIRONMENTAL LAWS IN NIGERIA

Nigeria has a framework of laws and regulations aimed at addressing environmental sustainability and protecting natural resources within the territory of the country. The effectiveness or otherwise of these laws notwithstanding, the existence of these laws cannot be ignored. These laws include^[4];

1. National Environmental Standards and Regulations Enforcement Agency (NESREA) Act 2007: NESREA is the primary agency responsible for environmental regulation and enforcement in Nigeria. The NESREA Act empowers the agency to establish environmental standards and regulations, monitor and enforce compliance, and impose penalties for environmental violations.
2. Nigerian Environmental Impact Assessment (EIA) Act, 2004: This law requires environmental impact assessments for various development projects to assess and mitigate potential environmental and social impacts. The EIA process is a key component of sustainable development and environmental protection in Nigeria.
3. Nigerian Oil and Gas Industry Content Development Act, 2010: This act promotes local content development and participation in the oil and gas industry while addressing environmental and social concerns related to oil and gas activities.
4. Water Resources Act, 2004: This law regulates the use of water resources in Nigeria, aiming to ensure sustainable management, allocation, and protection of water resources.
5. National Parks Service Act 2004: This act establishes the framework for the management and protection of national parks and wildlife reserves in Nigeria.
6. Nigerian Climate Change Act 2021: The Act provides for an all-inclusive and comprehensive regulatory and legal framework for achieving Nigeria’s long-term climate goals which encompasses a net-zero carbon emission target, adequate climate financing, environmental and economic accountability and championing/prioritizing climate change actions.
7. Waste Management Regulations: Various regulations and guidelines are in place to govern waste management practices, including hazardous waste disposal and electronic waste management.
8. Forestry Laws: Nigeria has various state and federal laws that govern forestry activities, including the protection of forests, wildlife, and biodiversity^[5].
9. Environmental Health Laws: These include regulations related to sanitation, pollution control, and public health, with a focus on ensuring clean and safe environments.

THE NIGERIAN SITUATION: EXPECTATION V REALITY

Indeed, the pursuit of sustainability has become a global priority, with developed and industrialized countries often taking the lead in implementing sustainability initiatives and environmental conservation efforts. However, many developing countries, including Nigeria, face unique challenges and circumstances that can hinder their progress in this crucial global trend.

Despite the laudable legal structure that Nigeria boasts of, the efficiency of these laws have been continuously questioned as Nigeria faces several environmental sustainability challenges, stemming from a combination of rapid population growth, industrialization, urbanization, and inadequate environmental management^[6].

With deforestation, pollution, waste disposal, land degradation, water scarcity, land degradation, biodiversity loss and an alarming disregard for environmental regulations, little wonder that these laws are generally viewed as all bark and no bite.

Rampant logging, agricultural expansion, and urbanization have led to deforestation in Nigeria, resulting in habitat loss, reduced biodiversity, and increased vulnerability to erosion and flooding. This in itself has led to a diverse impact on the Nigerian environment, leaving a lot to be desired in the present and a looming fear for the future. The irony is that the existence of forestry laws in all the states of the Federation has failed to discourage any of these activities.

Similarly, the Niger Delta region, boasting of oil reserves, has suffered from oil spills and gas flaring, causing severe environmental damage, harm to aquatic ecosystems, and health problems for local communities. It appears that this is being viewed as a necessary evil as oil is the major source of revenue in the country and safe oil exploration and processing has proved an uphill task for the stakeholders involved^[7]. This is quite disheartening as the region, although the “money bank of the country”, suffers immensely from this blatant disregard for the sustenance of the environment despite the Petroleum Act and other similar legislations that are meant to facilitate oil exploration and flaring in a manner consistent with environmental standards.

Pollution from industrial discharges, inadequate wastewater treatment, and improper waste disposal contaminates water bodies, posing a constant threat to aquatic life in the country and access to good water. This doubles as a threat to both the livelihood of members of the society dependent on aquatic life and to access to good water^[8].

Conversely, inadequate waste management infrastructure has resulted in littering, illegal dumping, and open burning of waste, contributing to environmental degradation and public health concerns. This has affected not just the quality of life in certain regions but constantly pollutes the air and land.

The dangers posed to environmental sustainability in Nigeria appear inexhaustible as various regions face peculiar issues that threaten the quality of the environment. Measures are constantly being put in place to mitigate the effect of these harmful activities to prevent biodiversity loss, and wildlife extinction, amongst a host of environmental challenges.

There has been a longstanding debate as to the major cause of this recurrent disregard for environmental sustainability and while some climes blamed the inadequacy of the laws, others are of the view that the laws are not specific and deterrent enough. We however align with the school of thought that advocates for better and strategic implementations of these laws with systematically managed agencies overseeing the laws^[9].

The way forward is not necessarily the enactment of new laws, but ensuring that these laws are maximally utilized with stringent sanctions for their enforcement, making no exceptions for any class of people. This would ensure that industries exploiting and flaring gas, as well as agencies disposing of waste inappropriately, are not treated with leniency. Every citizen should be actively responsible to ensure that the future generation is not met with an environment that has become completely devoid of all the resources and pleasures that the environment has to offer or worse, an environment that has been so abused that quality of living has been adversely affected.

CONCLUSION

Addressing these environmental sustainability challenges in Nigeria requires comprehensive strategies, effective policies, increased public awareness, and international cooperation. Sustainable practices, conservation efforts, and renewable energy adoption are essential to mitigate environmental degradation and promote a more sustainable future for the country. The driver of these plans and the guarantee of sustenance of the impact of these measures are, however, hinged on the efficacy of existing laws on environmental protection.

1. T. A. Aina & A. T. Salau, Challenge of sustainable development in Nigeria. (NEST, Ibadan, NG 1992) ↑
2. S. O. Oyedepo, ‘Towards achieving energy for sustainable development in Nigeria’. Renewable and sustainable energy reviews, (2014) 34, 255-272.https://www.sciencedirect.com/science/article/abs/pii/S1364032114001804 ↑
3. S. O. Oyedepo, Ibid ↑
4. Orubu Christopher. “Water resources, environment and sustainable development in Nigeria.” Journal of human ecology (2006) 19.3 169-181. http://www.krepublishers.com/02-Journals/JHE/JHE-19-0-000-000-2006-Web/JHE-19-3-000-000-2006-Abstract-PDF/JHE-19-3-169-181-2006-1302-Orubu-C-O/JHE-19-3-169-181-2006-1302-Orubu-C-O-Text.pdf ↑
5. A. Daramola & E. O. Ibem, ‘Urban environmental problems in Nigeria: Implications for sustainable development’. Journal of Sustainable Development in Africa, (2010). 12(1), 124-145. https://www.researchgate.net/publication/268371119_Urban_environmental_problems_in_Nigeria_implications_for_sustainable_development ↑
6. S. B. Beredugo & I. P Mefor. ‘The impact of environmental accounting and reporting on sustainable development in Nigeria’. Research Journal of Finance and Accounting, (2012). 3(7), 55-63. https://core.ac.uk/download/pdf/234629322.pdf ↑
7. S. O Oyedepo, ‘On energy for sustainable development in Nigeria’. Renewable and sustainable energy reviews, (2012) 16(5), 2583-2598. https://core.ac.uk/download/pdf/79124352.pdf ↑
8. S. I.Omofonmwan, & G. I. Osa-Edoh, ‘The challenges of environmental problems in Nigeria’. Journal of human Ecology (2008). 23(1), 53-57.< http://www.krepublishers.com/02-Journals/JHE/JHE-23-0-000-000-2008-Web/JHE-23-1-000-000-2008-Abst-PDF/JHE-23-1-053-08-1650-Omofonmwan-S-I/JHE-23-1-053-08-1650-Omofonmwan-S-I-Tt.pdf> ↑
9. C. Isife.’ Environmental problems in Nigeria-A review’.  Sustainable Human Development Review (2012) 4(1&2), 21-38. file:///C:/Users/USER/Downloads/IsifeEnvirproblemsSHDR4.2.2.pdf ↑