LEGAL APPRAISAL OF AIR POLLUTION CONTROL IN NIGERIA
Abstract
This study critically examines Nigeria’s legal and institutional frameworks for air pollution
control, highlighting challenges and proposing pathways for sustainable environmental
governance. Air pollution, driven by rapid industrialization, urbanization, gas flaring, and open
waste burning, poses severe public health and ecological risks in Nigeria, with approximately
70,000 deaths in 2019 and $1.3 billion in annual health costs. Despite constitutional provisions
and the NESREA Act 2007, enforcement remains weak due to regulatory fragmentation,
underfunding, insufficient expertise, and overlapping agency mandates, particularly in the oil and
gas sector. The research adopts a doctrinal methodology, analyzing primary legal instruments
like the 1999 Constitution and secondary sources to assess enforcement gaps and comparative
international frameworks, such as CLRTAP. Findings reveal that while Nigeria has robust laws,
practical implementation fails due to institutional inefficiencies and low public awareness.
Emerging initiatives, like the National Action Plan on Air Pollution and the Energy Transition
Plan, offer hope but require stronger coordination and investment. Recommendations include
revising the NESREA Act, enhancing enforcement capacity, promoting clean energy, and
improving public engagement through transparent data systems. The study contributes to
environmental law discourse by clarifying air pollution control concepts and proposing
actionable reforms, aligning Nigeria with global sustainability goals.
Keywords: Air pollution, Nigeria, NESREA, environmental governance, legal framework,
enforcement challenges, sustainable development.
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