Protecting Nigeria’s Wildlife

CONTRIBUTED BY P.E IGHO ESQ

INTRODUCTION

Nigeria, endowed with abundant biodiversity, possesses a diverse array of distinctive flora and fauna, thereby establishing itself as a repository of natural wealth. However, the unregulated exploitation of these resources poses a significant threat to the integrity of the Nation’s delicate ecosystems and the viability of its wildlife populations. Recognising the imperative for conservation efforts, Nigeria enacted the National Environmental (Protection of Endangered Species in International Trade) Regulations in 2011.

Within the House of Representatives, a proposed wildlife protection Bill, sponsored by the Deputy Chairman of the House Committee on Environment, Terseer Ugbor, has undergone its first reading^[1]. If passed into law, this legislation would align Nigeria with prevailing international norms and agreements.

This article will delve into the provisions of the National Environmental (Protection of Endangered Species in International Trade) Regulations of 2011, alongside the aforementioned Bill before the House of Representatives. It aims to scrutinize the efficacy of these measures in safeguarding Nigeria’s endangered species from the perils associated with international trade.

OVERVIEW OF THE NATIONAL ENVIRONMENTAL REGULATIONS

The National Environmental (Protection of Endangered Species in International Trade) Regulations, 2011, commonly referred to as the “Endangered Species Regulations,” represent a significant legal framework aimed at conserving and protecting Nigeria’s endangered wildlife. These regulations were promulgated pursuant to the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act of 2007, which empowers NESREA to regulate activities that impact the environment.

These regulations provide a comprehensive framework for the protection of endangered species and regulation of international trade involving wildlife. They define the scope of endangered species covered under the regulations and outline the procedures and requirements for obtaining permits for activities related to these species. The regulations establish a permitting system administered by NESREA or other competent authorities designated under the regulations, ensuring that activities such as import, export, re-export, and possession for commercial purposes of endangered species are conducted sustainably and legally.

Furthermore, the Endangered Species Regulations designate competent authorities responsible for the issuance of permits and enforcement of the regulations at various levels of government, including federal, state, and local government levels. This decentralization of authority facilitates effective enforcement and coordination among government agencies, enhancing the overall implementation of the regulations. Some of these endangered species include the African White-backed Vulture, African Egg Frog, African Elephant, African Lion, African Skimmer, and so on^[2].

LIST OF NIGERIA NATIONAL PARKS^[3]

The national parks of Nigeria are fundamental elements in the nation’s endeavours to conserve its diverse biodiversity and shield endangered species. The regulatory foundation established by the National Environmental (Protection of Endangered Species in International Trade) Regulations of 2011 stands as a pivotal framework guiding conservation endeavours, guaranteeing the safeguarding of these priceless natural resources for future generations. Below are the national parks in Nigeria:

1. Yankari National Park:

Yankari National Park, recognized as one of Nigeria’s premier wildlife reserves and habitats, encompasses 2,058 square kilometres of dense rainforests and savannah woodlands. Its diverse wildlife includes hippos, bushbucks, buffaloes, crocodiles, lions, elephants, and over 200 species of birds. Optimal game viewing occurs between November and May, with additional attractions such as the Wikki warm springs offering accommodations, a lodge with tennis courts, a fuel station, a museum, and a restaurant.

1. Gashaka-Gumti National Park:

Gashaka-Gumti National Park spans 6,000 square kilometres in the northeastern region, nestled at the foothills of Mount Chapal Wadd (2,490 meters). This park, irrigated by various rivers and watercourses like the Benue, Taraba, and Kam, is home to a plethora of wildlife including buffalo, roan antelope, chimpanzees, colobus monkeys, hippos, hyenas, giant forest hogs, lions, and leopards. Its water catchment system attracts numerous avian species, both migratory and resident.

1. Chad Basin National Park:

Chad Basin National Park, situated between Borno and Yobe States, covers an expanse of 2,258 square kilometres, incorporating three eco-regions: Chingurmi-Duguma, Bade Nguru Wetlands, and Bulatura Oases. This park hosts rare desert fauna such as giraffes, ostriches, red-fronted gazelles, and various mammalian species.

1. Cross River National Park:

Cross River National Park, formed from the amalgamation of Bashi-Okwango and Oban Forest Reserves, boasts lush rainforest vegetation and is inhabited by forest elephants, white-faced monkeys (exclusive to Nigeria), buffaloes, leopards, and lowland gorillas. Located in Cross River State, this park shares an ecosystem and biodiversity with Cameroon’s Korup National Park.

1. Kamuku National Park:

Kamuku National Park, situated in Birnin Gwari, Kaduna State, spans approximately 1,120 square kilometres of typical savannah woodland. Originally designated as a Native Authority Forest Reserve in 1936, it offers a proximity to Nigeria’s capital, Abuja.

1. Kainji National Park:

Kainji National Park, Nigeria’s inaugural national park established in 1976, encompasses Kainji Lake and its surrounding areas in the north-central region. While primarily accessible in the western sector due to its Sudan-Guinea Savanna landscape, the park remains the oldest in Nigeria, with Kainji Lake formed by the construction of the Kainji Dam in 1968.

1. Okomu National Park:

Okomu National Park, situated in the Ovia Southwest area of Edo State, spans 200 square kilometres along the banks of the Okumu River. Originally gazetted as a forest reserve in 1935 before transitioning into a protected national park in 1940, it serves as a vital habitat for numerous endangered flora and fauna species.

KEY PROVISIONS OF THE NATIONAL ENVIRONMENTAL (PROTECTION OF ENDANGERED SPECIES IN INTERNATIONAL TRADE) REGULATIONS, 2011

1. Definitions and Scope:

The regulations in section 1^[4] provide clear definitions of terms such as “endangered species,” “international trade,” and “permit,” ensuring clarity and consistency in their application. Additionally, the regulations outline their applicability to both the import and export of endangered species, covering a broad spectrum of activities that may impact wildlife conservation.

1. Prohibition of Trade in Endangered Species:

The pivotal provision of section 3^[5] of the regulations is the outright prohibition of trade in endangered species listed in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This prohibition underscores Nigeria’s commitment to combatting illegal wildlife trade and preventing the exploitation of vulnerable species.

1. Permit Requirements:

To facilitate legal trade in endangered species, the regulations in section 4^[6] establish a permit system whereby individuals or entities seeking to engage in international trade must obtain permits from NESREA. These permits serve as a mechanism to regulate and monitor trade activities, ensuring compliance with international conservation standards.

1. Criteria for Permit Issuance:

Section 5^[7] of the regulations outlines the criteria that NESREA will consider when assessing permit applications. Factors such as the conservation status of the species, the sustainability of trade, and the applicant’s compliance history are taken into account to determine whether a permit should be granted.

1. Enforcement and Penalties:

To deter illegal activities and ensure compliance with the regulations, robust enforcement mechanisms are established in sections 7 & 8^[8] of the regulations. NESREA, alongside other relevant enforcement agencies, is empowered to investigate violations, seize contraband wildlife products, and impose penalties on offenders. Penalties may include fines, imprisonment, or forfeiture of assets, depending on the severity of the offence.

1. Cooperation and Collaboration:

Recognizing the transboundary nature of wildlife conservation, the regulations section 10^[9] emphasizes the importance of international cooperation and collaboration. Nigeria commits to working with other countries, international organizations, and stakeholders to combat illegal wildlife trade, share information, and enhance conservation efforts regionally and globally.

CHALLENGES IN IMPLEMENTING NIGERIA’S NATIONAL ENVIRONMENTAL (PROTECTION OF ENDANGERED SPECIES IN INTERNATIONAL TRADE) REGULATIONS, 2011

Despite the existence of the regulatory provisions in these regulations, obstacles persist in the efficient implementation and enforcement of these regulations that impede the effective enforcement of Nigeria’s wildlife protection legislation, they include^[10]:

1. Inadequate Resources and Funding: One of the primary challenges in implementing the National Environmental Regulations is the lack of adequate resources and funding. Insufficient financial allocation hampers the capacity of regulatory bodies responsible for enforcing these regulations, such as the Federal Ministry of Environment and its agencies like the National Environmental Standards and Regulations Enforcement Agency (NESREA). Limited funds result in understaffing, inadequate training, and a dearth of necessary equipment, thereby impeding effective monitoring and enforcement efforts.
2. Weak Institutional Framework: The effectiveness of any regulatory framework is contingent upon the strength of its institutional framework. In Nigeria, fragmented responsibilities among various governmental agencies and overlapping mandates contribute to regulatory inefficiencies. Furthermore, bureaucratic red tape and administrative bottlenecks often delay decision-making processes and hinder swift enforcement actions. The absence of a unified approach and clear delineation of responsibilities undermines the cohesive implementation of wildlife protection measures.
3. Lack of Public Awareness and Community Engagement: Another significant impediment to the successful implementation of wildlife protection regulations is the lack of public awareness and community engagement. Many local communities living near wildlife habitats may be unaware of the importance of conserving endangered species or may engage in activities detrimental to wildlife due to socioeconomic pressures. Inadequate education and outreach initiatives fail to foster a culture of conservation and fail to garner community support for wildlife protection efforts. Without the active involvement and cooperation of local communities, enforcement measures are likely to encounter resistance and opposition.
4. Inadequate Law Enforcement and Judicial Capacity: Effective enforcement of wildlife protection laws necessitates robust law enforcement mechanisms and a capable judiciary. However, Nigeria faces challenges in both domains. Law enforcement agencies often prioritize other pressing issues, relegating wildlife protection to a lower priority. Additionally, corruption within enforcement agencies undermines the integrity of wildlife protection efforts, as perpetrators may evade punishment through bribery or other illicit means. Moreover, the judicial system’s capacity to adjudicate wildlife-related cases is limited, leading to lengthy delays and inconsistent enforcement outcomes.
5. Transboundary Challenges and Illegal Wildlife Trade: Nigeria’s wildlife faces threats not only from domestic activities but also from transboundary challenges such as illegal wildlife trade. Trafficking networks exploit regulatory loopholes and lax enforcement measures to smuggle endangered species and their derivatives across borders. The porous nature of Nigeria’s borders exacerbates these challenges, making it difficult to curb illicit wildlife trade effectively. Furthermore, coordination and cooperation with international counterparts are essential to combat transnational wildlife crime, yet logistical and diplomatic obstacles hinder such collaborative efforts.

RECOMMENDATION FOR STRENGTHENING NIGERIA’S WILDLIFE PROTECTION EFFORTS

Nigeria’s wildlife faces various threats, including illegal trade, poaching, and habitat destruction, necessitating robust measures to ensure their conservation. To bolster the effectiveness of the National Environmental (Protection of Endangered Species in International Trade) Regulations of 2011, the following recommendations are proposed:

1. Enhanced Enforcement:

An urgent imperative lies in ramping up enforcement efforts to counter illegal wildlife trade, poaching, and habitat degradation. This involves equipping law enforcement agencies with the requisite resources, training, and support to enforce wildlife protection laws effectively. Strengthening surveillance mechanisms and increasing patrols in vulnerable areas can deter illicit activities and enhance protection for endangered species and their habitats.

1. Public Awareness and Education:

A critical component of wildlife conservation is fostering public awareness about the importance of preserving biodiversity and the detrimental impacts of illegal wildlife trade. Implementing education campaigns targeted at the general populace can cultivate a culture of conservation, dissuading demand for products derived from endangered species. By imparting knowledge about the ecological significance of wildlife and the consequences of their exploitation, individuals can be empowered to make informed choices that contribute to conservation efforts.

1. Collaboration and Partnerships:

Recognizing the interconnectedness of stakeholders in wildlife conservation, and fostering collaboration among government agencies, non-governmental organizations (NGOs), local communities, and international partners is paramount. Building strategic partnerships can facilitate information sharing, resource mobilization, and coordinated action against wildlife crime. By leveraging the expertise and resources of diverse stakeholders, synergistic efforts can be harnessed to tackle complex conservation challenges effectively.

1. Strengthening Legal Framework:

Continual review and enhancement of wildlife protection laws and regulations are essential to address evolving threats and address gaps in existing legislation. This entails incorporating provisions for the protection of newly identified species at risk and aligning national laws with international conservation standards. Additionally, ensuring stringent penalties for wildlife-related offences can serve as a deterrent, bolstering the deterrent effect of enforcement efforts.

1. Sustainable Development:

Promoting sustainable development practices that prioritize biodiversity conservation is integral to safeguarding Nigeria’s wildlife and ecosystems. Integrating conservation considerations into land use planning, resource management, and economic development initiatives can mitigate adverse impacts on wildlife habitats and populations. By embracing approaches that balance conservation with socioeconomic development, Nigeria can foster harmonious coexistence between humans and wildlife while promoting long-term environmental sustainability.

CONCLUSION

The National Environmental (Protection of Endangered Species in International Trade) Regulations, 2011, represent a significant milestone in Nigeria’s efforts to conserve and protect its rich biodiversity. Through innovative provisions such as trade prohibition, permit requirements, and enforcement mechanisms, these regulations seek to combat illegal wildlife trade and promote sustainable use of natural resources. However, effective implementation, enforcement, and ongoing collaboration will be crucial to realizing the objectives of these regulations and safeguarding Nigeria’s wildlife for future generations. Therefore, all stakeholders must work collaboratively towards the effective implementation of the regulations, thereby safeguarding Nigeria’s wildlife for present and future generations. Only through concerted action and unwavering commitment can Nigeria fulfil its obligations to protect endangered species and combat the scourge of wildlife trafficking effectively.

1. Edidiong Ikpoto, ‘Wildlife Protection Bill passes first reading’ Punch (Nigeria, 1^st March, 2024) <https://punchng.com/wildlife-protection-bill-passes-first-reading/> accessed 21^st March, 2024. ↑

2. Earth’s Endangered Creatures, < http://www.earthsendangered.com/search-regions3.asp?mp=&search=1&sgroup=allgroups&ID=242> (2006-2025) (Accessed 21^st March, 2024) ↑

3. Africa Tour Operators, ‘Nigeria National Parks’ <https://africatouroperators.org/nigeria/nigeria-national-parks/#:~:text=Other%20attractions%20on%20Nigeria%20safaris,Old%20Oyo%20National%20Park%2C%20Chad> (Accessed 21^st March, 2024) ↑

4. The National Environmental (Protection of Endangered Species in International Trade) Regulations, 2011 ↑

5. The National Environmental (Protection of Endangered Species in International Trade) Regulations, 2011 ↑

6. The National Environmental (Protection of Endangered Species in International Trade) Regulations, 2011 ↑

7. The National Environmental (Protection of Endangered Species in International Trade) Regulations, 2011 ↑

8. The National Environmental (Protection of Endangered Species in International Trade) Regulations, 2011 ↑

9. The National Environmental (Protection of Endangered Species in International Trade) Regulations, 2011 ↑

10. National Strategy to combat Wildlife and Forest Crime in Nigeria 2022–2026 < https://www.unodc.org/conig/uploads/documents/National_Strategy_to_Combat_Wildlife_and_Forest_Crime_in_Nigeria_2022-2026.pdf> (Accessed 21^st March, 2024) ↑