The Jurisprudence of Compliance and Enforceability of Environmental Protection Laws in Nigeria

Abstract

The compliance and enforceability of the laid down laws and procedures for sustainable development as inferred from the laws and standard for environmental protection in Nigeria has become one of great concern as the unsustainable use of the of the environment has kept the environment in an in secured state as well as placed the life’s and health of the people in danger. With the effect of the activities of the oil and gas industries and the x-ray of the laws put in place for environmental protection especially as it relates to the penalties, the line of reasoning is broadened as to know why the high rate of pollution amidst the constitutional  provisions and otherwise. The draftsmen created lapses in the environmental protection laws however, the compliance and enforcement of the laws the ways they are; still have the capacity to maintain a good and sustainable environment while development continues. However, the constitutional provisions on environmental protection are not exhaustive and it has attracted so much judicial activism which has always ended up not been complementary not until just recently in 2019 the Supreme Court retted otherwise as until then, it has resulted in the miscarriage of Justice. The courts needed to adopt a firm approach dealing with environmental justice hence it has to do with life and health of the people who have been guaranteed fundamental right to life in the constitution. Stiffened penalty will sure streamline the activities in relation to environmental protection.

Keywords: Compliance, Enforceability, Penalty, Environmental protection laws

DOI: 10.7176/JLPG/93-16

Publication date: January 31^st 2020