Appraising the Challenges to Effective Enforcement of Legislation on Control of Environmental Pollution in Nigeria

Abstract

It is one thing to make law, and another thing to ensure its enforcement. The existence of legal norms on
any particular subject matter is not a guarantee that they will cure or eradicate the social mischief which
they are meant to address unless there is effective enforcement of their provisions. Enforcement of
environmental legislation is the application of a set of legal tools both formal and informal designed to
impose legal sanctions or penalties to ensure that a defined set of requirement is complied with.
Unfortunately, in spite of the legislative and institutional frameworks put in place to tackle environmental
degradation in Nigeria, the menace of pollution has continued in diverse dimensions. This paper adopted
doctrinal research methodology and sought to identify basic challenges facing effective enforcement of
legislation on control of pollution in Nigeria. The paper found that apart from inadequate funding and
corruption of some officers of the agencies charged with the responsibility of enforcing environmental
legislation on control of pollution in Nigeria, there had been lack of political will of successive
administrations in ensuring effective enforcement of environmental regulations. The paper also found that
the nature of Nigerian economy, poor judicial attitude and strict application of the principle of locus
standi were part of the challenges facing effective enforcement of legislation on control of pollution in
Nigeria. The paper therefore, recommended adequate funding of the enforcement agencies, reorientation
of enforcement officers, strong political will, and judicial activism to address the challenges bedeviling
effective enforcement of environmental legislation in Nigeria.