ANALYSIS OF THE ENFORCEMENT OF THE POLLUTER PAYS PRINCIPLE IN NIGERIA: CHALLENGES AND PROSPECTS

This study critically examines the application, challenges, and effectiveness of the Polluter Pays Principle (PPP) within Nigeria’s environmental governance framework, with specific emphasis on the oil and gas sector and its implications for environmental sustainability. Although the PPP is internationally recognised as a foundational principle for environmental protection, its domestic implementation in Nigeria remains weak, inconsistent, and hindered by institutional constraints. Drawing from statutory instruments such as the Environmental Impact Assessment Act, NESREA Act, NOSDRA Act, Petroleum Industry Act 2021, and judicial decisions including Gbemre v Shell and Shell v Farah, the study investigates the extent to which Nigeria’s regulatory and enforcement mechanisms align with global environmental standards. The study also evaluates the role of federal and state agencies, the judiciary, and civil society in enforcing environmental responsibilities, identifying barriers such as regulatory capture, inadequate technical capacity, jurisdictional conflicts, political interference, and limited community participation. Comparative insights from jurisdictions such as the EU, India, the United States, and South Africa demonstrate that effective enforcement and specialised environmental courts significantly improve environmental compliance. The findings reveal that despite the existence of robust legal provisions, Nigeria’s environmental governance suffers from poor enforcement, institutional fragmentation, and weak accountability mechanisms for multinational oil companies. To strengthen implementation of the PPP and achieve sustainable environmental outcomes, the study recommends reforms including enhanced agency independence, improved monitoring capacity, specialised environmental courts, stronger penalties for non-compliance, and increased community engagement. Overall, the study concludes that full realisation of the PPP in Nigeria requires a coherent and well-coordinated legal framework supported by political will, strengthened institutions, and an empowered judiciary capable of delivering substantive environmental justice