LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE CONTROL OF ENVIRONMENTAL POLLUTION IN NIGERIA.

ABSTRACT The harmful effect of pollution on the environment is a gray area of concern because the environment plays a significant function in the growth and advancement of a Nation and as such, any damage to the environment endangers all sectors of the Nation thereby posing a dangerous threat. These pollution comes in various forms such as: Air pollution, Land pollution, Water pollution and Noise pollution and each of them has a negative impact on the environment and society at large. This project applied the doctrinal methodology combined with descriptive and analytical methods to source for materials and important texts and statutes and finds that although environmental protection was provided for in the 1999 constitution under chapter II, it was rendered non-justiciable by section 6(6) (c) of the same constitution. The government in a bit to prevent the continuous degradation of the environment has enacted some laws such as the Petroleum Industry Act and created some institutions such as the Harmful Waste (Special Criminal Provision) Act to deal with the illegal dumping of refuse and to control pollution in Nigeria. The project also examined the treaties and convention on the international plane that the government has adopted and ratified in other to combat the issue of environmental degradation examples include; the Paris Agreement and Kyoto Protocol . This essay also highlights prominent cases of environmental pollution and the judgment given by the court. . This essay project also enumerates some of the challenges confronted by this institution which includes inefficiency in the enforcement of laws, corruption and lack of enforcement of fines and sanctions. This study examines how effective the legal and institutional frameworks established by the government to control environmental pollution in Nigeria are and to disclose the challenges these institutions face in the implementation of these laws and to further provide recommendations that can be applied in providing a solution to these issues.