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Global Online Journal of Academic Research (GOJAR), Vol. 3, No. 3 June 2024 

 

 

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Legal Framework Addressing Ecological Preservation and 

Environmental Scarcity in Nigeria 

 

By 

Christian Osemuyi Oseghale 

 

 

Abstract 

Any chemical, physical, or biological agent that alters the atmosphere's natural 

characteristics is considered air pollution and it is an environmental scarcity 

problem. Common sources of air pollution include gas flaring, household 

combustion devices, motor vehicles, industrial facilities, and forest fires. 

Particulate matter, carbon monoxide, ozone, nitrogen dioxide, and sulfur dioxide 

are among the pollutants that pose a significant threat to public health and 

agricultural yields. Air pollution is a significant cause of morbidity and mortality 

and causes respiratory and other diseases. 99 percent of the world's population 

breathes air that exceeds WHO standards for high levels of pollutants, with the 

highest exposures occurring in low- and middle-income nations like Nigeria. 

Global ecosystems and the climate of the planet are intimately connected to air 

quality. A tool for identifying and preventing natural sources of pollution, 

preventing environmental threats to population health, and improving people's 

quality of life in general is a legal framework. The Federal Republic of Nigeria's 

1999 Constitution, as amended, is Nigeria's supreme law. It emphasized the 

protection of wildlife, the environment, air, water, and forest sanitation. This 

study highlights and discusses several international, national, and local laws, acts, 

and treaties,  and concludes that desertification, ozone layer depletion, global 

warming, volcanic eruptions, earthquakes, acid rain, oil spills, and climate change 

are all largely attributable to human activities. Therefore, man-made disasters 

may cause the transfer of contaminants made by human activity, which may have 

a severe impact on the ecology and become harmful to various species.  

Keyword: air pollution, environmental scarcity, global warming, legal framework, 

conflict 

 

Introduction 

In Nigeria, the legislative framework addressing ecological preservation 

and environmental scarcity is critical for fostering sustainability in the 

power industry in the face of difficulties such as fossil fuel interruptions 

and the need for a low-carbon energy shift. The country's excessive 



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reliance on fossil fuels, notably oil exports, has resulted in high carbon 

emissions, environmental deterioration, and social inequality. To 

overcome these concerns, Nigeria needs strong laws and regulations that 

prioritise environmental preservation, resource management, and the 

transition to low-carbon energy. Environmental scarcity denotes a 

“declining availability of renewable natural resources” (Kennedy, 2001) 

such as water, air and soil. The prevalence of diverse environmental 

problems, including air pollution, soil degradation, water pollution, oil 

spillage, deforestation, desertification, erosion, and flooding, are becoming 

primary concerns globally and Nigeria being a member of the global 

community is having its own share of these concerns.  

According to the 2016 revised National Policy on the Environment (NPE), 

both human activities and natural disasters increasingly pose a great threat 

to the environment in Nigeria. Nigeria has established a legal framework 

to address environmental issues and environmental scarcity. Air pollution, 

a key aspect of this study, is an environmental scarcity problem often 

associated with industrialization and urbanization. The Organization for 

Economic Cooperation and Development (OECD) (2016) stated that air 

pollution is the presence of contaminant or pollutant substances in the air 

that do not disperse properly and interferes with human health or welfare, 

or produces other harmful effects on the environment. Similarly, the 1979 

Convention on Long-Range Trans-boundary Air Pollution sees air 

pollution as the introduction by man, directly or indirectly, of substances 

or energy into the air resulting in harmful effects of such a nature as to 

endanger human health, harm living resources, ecosystems, and material 

property, and impair or interfere with amenities and other legitimate global 

uses of the environment.  

According to the World Economic Forum’s (2022) analysis of glucose 

emissions from fossil fuel, worldwide carbon dioxide (CO2) emissions 

from fossil fuels and cement reached a record high of 36.6 billion tones. 

This is in tandem with the air quality report of WHO which noted that 99% 

of the global population breathes air that exceeds WHO guidelines and 

contains high levels of pollutants, with the highest exposures occurring in 

low- and middle-income countries, like Nigeria (WHO, 2022).   

The 1979 Convention on Long-Range Trans boundary Air Pollution is 

essentially anthropogenic, that is, it is centred on pollutants produced by 

humans. Industrialization is unquestionably a human activity and, as a 

result of that, the air pollution it causes is anthropogenic. This makes it 

necessary that such air pollution be avoided or restrained by laws and 

policies or regulations in order for industrialization to be healthily and 

sustainably conducted (Ezeanokwasa, 2019). 



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The Environmental Performance Index (EPI) report for 2022 emphasized 

that Nigeria still maintains a very low environmental performance rating in 

spite of the abundance of government policies. In Bayelsa and Edo, air 

pollution from natural gas flaring, illegal refinery, oil bunkering, flooding, 

and gully erosions continues to be a serious environmental issue that 

hinders people's livelihoods (farming, fishing, health, and access to potable 

water for domestic use). Consequently, this study employs a mixed method 

approach to evaluate legal instruments for managing conflicts and 

environmental scarcity in Nigeria. Nigerians living in Bayelsa and Edo 

States made up the study's populations.  

Global Concerns and Municipal Legal Instruments on Safeguarding 

the Environment  

Global concern for a clean environment led to the United Nations 

Conference on the Human Environment, which was held in Stockholm in 

1972. With a plan to step up dedicated measures on the topic, the 

Conference brought environmental scarcity challenges to the attention of 

the world. The declaration of 26 environmental principles was one of the 

Conference's accomplishments. The conference also acknowledged air 

pollution as a significant environmental problem after it has accumulated 

past the point of its carrying capacity.  

Reaffirming the 1972 Stockholm Declaration and attempting to expand 

upon it, the Rio de Janeiro Conference of 1992 declared 27 principles 

centred on the environment and development. The preambular part of that 

declaration and Principle 1 are as follows: 

The United Nations Conference on Environment and Development, 

Having met at Rio de Janeiro from 3 to 14 June 1992, Reaffirming 

the Declaration of the United Nations Conference on the Human 

Environment, adopted at Stockholm on 16 June 1972, and seeking to 

build upon it, With the goal of establishing a new and equitable 

global partnership through the creation of new levels of cooperation 

among States, key sectors of societies and people, Working towards 

international agreements which respect the interests of all and 

protect the integrity of the global environmental and developmental 

system, Recognizing the integral and interdependent nature of the 

Earth, our home, Proclaims that: Principle 1 Human beings are at the 

centre of concerns for sustainable development. They are entitled to 

a healthy and productive life in harmony with nature (United 

Nations, 1999). 

The Geneva Convention on Long-Range Trans boundary Air Pollution 

establishes a mechanism that enables governments to collaborate in order 

to safeguard public health and the environment from air pollution that is 



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likely to impact multiple nations. Within the framework of the United 

Nations Economic Commission for Europe (UNECE), the convention was 

signed in 1979 in Geneva, and it came into effect in 1983. By reducing 

trans-boundary air pollution, this convention aims to reduce threats to 

human health (Fagbemi, 2020). According to Article 1 of the Convention, 

"long range trans boundary air pollution" refers to air pollution whose 

source is entirely within a nation's domestic jurisdiction but whose effects 

are felt in another nation’s territorial jurisdictions.  The basic target is for 

global participation in accordance with the overall guideline of ecological 

regulation to decrease air contamination. However, this convention has not 

yet been ratified in Nigeria, as required by section 12 of the 1999 

constitution. Apart from these efforts at curbing air pollution, other 

Conventions at international level on air pollution, among others ratified 

by Nigeria, are: 

a. The United Nations Framework Convention on Climate Change 

(UNFCCC): One of the most important agreements regarding air pollution 

is the 1994 United Nations Framework Convention on Climate Change 

(UNFCCC). It is a global treaty that was negotiated, approved, and ratified 

in the name of sustainable development. While natural resources are 

exploited for the benefit of the current generation, sustainable development 

ensures that consideration is given to the benefit of future generations. At 

the 1992 Earth Summit, also known as the United Nations Conference on 

Environment and Development, in Rio de Janeiro, Brazil, the UNFCCC 

was formally signed.  

b. The Vienna Convention for the Protection of the Ozone Layer: There 

are anthropogenic air pollutant gases that, in addition to having a negative 

impact on human health and the environment as a result of global 

warming, also have a negative impact on human health and the 

environment as a result of the ozone layer's depletion. The purpose of this 

Convention is to prevent the ozone layer from being depleted, as the name 

suggests. It was approved on March 22, 1985, and it went into effect on 

September 22, 1988. Parties to the Convention are required to take 

"appropriate measures... to protect human health and the environment 

against adverse effects resulting or likely to result from human activities 

which modify or are likely to modify the ozone layer." This is the 

Convention's primary objective.  

c. The African (Banjul) Charter on Human and Peoples’ Rights: This is a 

regional treaty that only applies to African nations. Nigeria is obligated 

under Article 24 of the Charter to provide all citizens with an air 

environment that is not harmful to the ecosystem or human health. It reads, 

"Every people shall be entitled to a general environment that is conducive 



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to their development.” The fact that the African Charter on Human and 

Peoples' Rights (Ratification and Enforcement) Act domesticated this 

treaty in Nigeria (Cap A9 Laws of the Federation of Nigeria, 2004) makes 

it stand out from the other treaties examined in this work. In Nigeria, the 

domestication makes it enforceable by the courts.  

d. The Bamako Convention on the Ban of the import into Africa and the 

Control of Trans boundary Movement and Management of Hazardous 

Waste within Africa: Another regional treaty, this one was only made and 

ratified by African nations. In accordance with this convention, Nigeria 

and other parties are obligated to reduce to a minimum the amount of 

hazardous waste produced in or imported into their jurisdiction, taking into 

account social, technological, and economic factors. 

The Legal Framework for the Control of Air Pollution in Nigeria's 

Municipalities 

Nigeria is required to fulfill its responsibilities under international treaties, 

among other things, according to the international law principle of pacta 

sunt servanda (“agreements must be kept”). When it comes to air 

pollution, this holds true just as much (Fagbemi, 2020). As a result, 

numerous municipal legal instruments for controlling and preventing air 

pollution exist in Nigeria.  

According to Erhun (2015), as reemphasized by Obutte (2021), the 

statutory framework of environmental protection in Nigeria is made up of 

the Nigerian Constitution, The Criminal Code, The Urban and Regional 

Planning Act, The National Gas Policy Act, The Harmful Wastes Act also 

referred to as the Special Criminal Provisions Act, The Environmental 

Impact Assessment Act, The Minerals and Mining Act 2007 and The Cap 

A25 LFN 2004 Associated Gas Re-Injection (Amendment) Act. Some of 

these acts are briefly explained below. 

The Cap A25 LFN 2004 Associated Gas Re-Injection (Amendment) Act: 

This Act mandates that all oil and gas producing companies in Nigeria 

submit preliminary plans for gas reinjection and full plans for its 

execution. According to Section 3 of the Act, no company involved in the 

production of oil or gas may flare gas produced in conjunction with oil 

without the express consent of the Minister responsible for oil and gas as 

of January 1, 1984. Gas flaring, a significant anthropogenic source of 

GHG emissions, is a recurring problem in Nigeria's oil sector.  

The Minerals and Mining Act 2007: The Mineral and Mining Act of 2007 

as enacted repeals the Minerals and Mining Act of No. 34 of 1999. 

According to Ghose & Majee (2001), there is a significant risk of air 



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pollution as a result of the particulate matter that is released into the 

atmosphere during mining, particularly opencast mining which has a 

negative impact on human health. Today, a greater emphasis is placed on 

the expansion of the mining industry in an effort to diversify Nigeria's 

primarily oil-dependent economy. 

Nigeria’s legal framework for air pollution control covers international and 

municipal legal instruments. Air pollution being a global problem cannot 

be tackled by individual countries alone; global action is required. 

Everyone is affected by air pollution, which is a major violation of the 

right to clean air. The rights to life, health, water, food, housing, and an 

adequate standard of living are just a few of the many human rights that 

are affected by poor air quality (Fagbemi, 2020). Owing to the importance 

of right to clean air to life, health, dignity and wellbeing of human beings, 

steps taken at international level, among others, include the following: 

 The United Nations High Commissioner for Human Rights held its 

first Global Conference on Air Pollution and Health in 2018 and 

acknowledged that there can be no doubt that all human beings are 

entitled to breathe clean air.  

 The Committee on Economic, Social, and Cultural Rights in 2000 

urged states to develop national strategies aimed at reducing and 

eradicating air pollution.  

 The Human Rights Council and the High Commissioner for 

Human Rights have also emphasized the necessity of combating air 

pollution. As part of the universal periodic review process, the 

effects of air pollution on human rights have been frequently 

recognized.  

 The New Urban Agenda, which was formulated at the United 

Nations Conference on Housing and Sustainable Urban 

Development (Habitat III) and approved by the General Assembly, 

includes numerous references to the interrelated imperatives of 

improving household and ambient air quality as well as respecting 

human rights (UNGA, 2010; CESCR, 2000; Naibbi, & Mustapha, 

2017). 

Notwithstanding these statutes, there are also some regulatory agencies 

and other institutional frameworks for environmental governance in 

Nigeria, such as The Federal Ministry of Environment, The Federal 

Environmental Protection Agency Act of 1988 (FEPA Act) repealed by the 

National Environmental Standards Regulation Agency (NESREA Act 

2007). The following Regulations were made in pursuant to the FEPA Act:  



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 National Environmental Protection (Effluent Limitation) 

Regulations;  

 National Environmental Protection (Pollution Abatement in 

Industries and Facilities Generating Wastes) Regulations;  

 National Environmental Protection (Management of Solid and 

Hazardous Wastes) Regulations;  

 Environmental Impact Assessment Act of 1992 (EIA Act);  

 Harmful Wastes (Special Criminal Provisions etc.) Act of 1988 

(Harmful Wastes Act). 

NESREA has the statutory responsibility to enforce all environmental 

laws, strategies, policies, standards and regulations in Nigeria, as well as 

enforce compliance with the provisions of all international agreements, 

protocols, conventions and treaties on the environment to which Nigeria is 

a signatory (Ladan, 2012). The NESREA Act 2007 allows each State and 

Local Government in the country to set up its own agency for the 

protection and improvement of the environment within the State. Each 

State is also empowered to make laws to protect the environment within its 

jurisdiction. All the States have environmental agencies and State laws. 

How well the states and local government have felt in protecting the 

environment is of paramount interest to this researcher. Solving the critical 

environmental scarcity problem, which encompasses water scarcity, 

pollution, global warming, and biodiversity loss are among the greatest 

challenges of the 21st century. 

The struggle between man and nature in human history is well 

documented. Throughout man’s existence and in most of human history, 

the principal threat to man has come from man himself in the course of his 

making a living and utilizing nature’s endowments to live a good life. 

Citing Kim and Weaver (1994), Budnukaeku and Hyginus (2021) 

emphasized that there is a universal agreement that the perilous state and 

the current state of these natural resources, namely, the environment, bio 

diversity and the biosphere, are as a result of human activities. The need 

for environmental law or policies in every society cannot be 

overemphasized as they help to check the excesses of individuals and 

protect the citizenry and the environment from abuse. That humans and the 

environment are interdependent in their relationship, yet one-sided, cannot 

be an overemphasis either, hence the need for environmental policies. The 

concept of environmental policy entails the commitment of an 

organization or government to the laws, regulations, and other policy 

mechanisms concerning environmental issues. Put differently, 

environmental policies are any measures by a government or corporation 



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or other public or private organization regarding the effects of human 

activities on the environment, particularly those measures that are designed 

to prevent or reduce harmful effects of human activities on ecosystems 

(Eccleston, 2010 & Banovac et al., 2017). 

Period of Unprecedented Environmental Awareness in Nigeria 

There are many laws on the environment in Nigeria; this study, however, 

places more emphasis on what Ogunba (2016) called the Contemporary 

Period (1987 to 2023) as this period saw the start of serious legislation 

which is complemented by increased environmental awareness and 

interest. An environmental catastrophe, which happened in August 1987, 

when an Italian company imported several tons of toxic industrial waste 

and deposited it in Koko, Delta State, in Southern Nigeria, re-kindled and 

energized efforts to pass meaningful environmental legislation (Evuti, 

2018). This led to the enactment of the Harmful Waste Act, which 

criminalizes activities involving the sale, purchase, transportation, 

importation, deposit, or storage of harmful waste, either singly or in 

conjunction with others on Nigeria’s soil, air, or sea. Harmful waste is 

defined as injurious, poisonous, noxious, or toxic substances, particularly 

nuclear waste that emits any radioactive substances (Evuti, 2018).  

In addition to the existing 1991 and 1999 draft policy documents, there is 

the fundamental obligation for the protection of the environment as stated 

in section 20 of the Constitution of the Federal Republic of Nigeria 1999, 

which provides that the “State shall protect and improve the environment 

and safeguard the water, air and land, forest and wild life of Nigeria”. The 

justifiability of this section of the constitution is, however, in doubt. It is 

not as explicit as equivalent provisions made by some African countries; 

for instance, that of the Republic of Angola explicitly says in Article 39 (1) 

of the Constitution, “Everyone has the right to live in a healthy and 

unpolluted environment, as well as the obligation to defend and preserve 

it.” Moreover, as observed by Fagbohun (2002), section 20 of the Nigerian 

constitution is not justiciable.  

Nigeria is party to several international treaties and conventions governing 

environmental issues. It is on the combined trust of these instruments that 

the National Policy on the Environment rests. Nigeria's environment is 

under increasing threat from human activities and natural disasters. There 

are already certain ominous problems with the environment and visible 

scars associated with the destruction of the natural resource base (land, 

water and air) upon which all life depends are being noted (NPE Report, 

2016). Contributing to environmental degradation is Nigeria's large 

population estimated at about 200 million based on its rapid growth rate of 



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2.8 per cent (Oramah, 2006; Yahaya, et al., 2020; Uneke, et al., 2021). The 

Federal Government of Nigeria established NESREA as a parastatal of the 

Federal Ministry of Environment (FME), under Act No. 25 of 31st of July 

2007, thereby repealing the FEPA Act. The mission and vision of the 

Agency is to ensure a cleaner and healthier environment for all Nigerians, 

as well as to inspire personal and collective responsibility in building an 

environmentally conscious society for the accomplishment of healthy and 

friendly environment in Nigeria.  

The  NESREA Act includes the following: enforce compliance with laws, 

guidelines, policies and standards on environmental matters; coordinate 

and liaise with stakeholders, within and outside Nigeria, on matters of 

environmental standards, regulations and enforcement; enforce compliance 

with the provisions of international agreements, protocols, conventions and 

treaties on the environment; enforce compliance with policies, standards, 

legislation and guidelines on water quality, Environmental Health and 

Sanitation, including pollution abatement; enforce compliance with 

guidelines, and legislation on sustainable management of the ecosystem, 

biodiversity conservation and the development of Nigeria’s natural 

resources; enforce compliance with any legislation on sound chemical 

management, safe use of pesticides and disposal of spent packages thereof; 

enforce compliance with regulations on the importation, exportation, 

production, distribution, storage, sale, use, handling and disposal of 

hazardous chemicals and waste, other than in the oil and gas sector; 

enforce through compliance monitoring, the environmental regulations and 

standards on noise, air, land, seas, oceans and other water bodies other 

than in the oil and gas sector; enforce environmental control measures 

through registration, licensing and permitting systems other than in the oil 

and gas sector; conduct environmental audit and establish data bank on 

regulatory and enforcement mechanisms of environmental standards other 

than in the oil and gas sector; create public awareness and provide 

environmental education on sustainable environmental management, 

promote private sector compliance with environmental regulations other 

than in the oil and gas sector and publish general scientific or other data 

resulting from the performance of its functions (Ladan, 2012; Binali, 

2014). 

These Regulations have key provisions for environmental control, clean-

up and remediation (Ladan, 2012). From 2007 to 2012, NESREA has 

developed twenty four (24) Environmental Regulations which have been 

gazetted and are in various stages of operationalization. Other institutions 

include the Forestry Research Institute of Nigeria (FRIN), mandated to 

conduct research into all aspects of Forestry, Wildlife Management, Agro-



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forestry and Forest Products Utilisation; as well as train technical and sub-

technical personnel for the forestry and agro allied services in the country 

through its colleges, and National Parks and Environmental Health 

Officers Registration Council of Nigeria (EHORECON) (Ladan, 2012; 

Binali, 2014; NPE, 2016). 

Goals of Legal Framework on the Environment  

The Goals of the Environment Policy are to focus on all environmental 

issues which are affecting our environment. These policies are targeted at 

protecting natural resources and the environment from human assault. The 

environmental processes are not limited to air or water pollution. They 

encompass all such issues which are directly or indirectly affecting the 

environment. The primary goal of environmental policy is to protect 

natural systems. Environment policy aims to promote human welfare and 

at the same time help to reduce the harmful effects of human activities on 

the ecosystem and the environment. And to also ensure that man-made 

changes are not causing any harm to society or the life of the animals. If it 

is causing any damage to the growth of humans and animal species in any 

way, specific action would be taken to prevent that (Romanova, et al., 

2020). 

These clearly show that Nigeria does not have paucity of environmental 

policies; what seems to be obvious, therefore, is the absence of the 

political will on the part of government across all levels – Federal, States 

and Local governments. The multinational companies are not exempted 

from blame. Oyebode (2018, p.12) asserts that “In spite of these 

environmental laws in Nigeria by various successive governments, 

paradoxically, environmental problems in Nigeria are on the increase due 

to poor implementation and enforcement of the various laws”. Oyabode 

(2018) also observed that these policies, conventions, protocols and 

treaties have not been very effective as environmental issues have 

continued to be prevalent in Nigeria.  

Unnecessary and indiscriminate deforestation and bush burning destroy the 

vegetative cover of the earth across the 36 States of Nigeria, thereby 

exposing the earth to leaching, erosion and flooding which are catastrophic 

to human existence. There also frequent cases of the pollution of land and 

water through oil spillage. All of these necessitate that each of the 36 

States of Nigeria and the Federal Capital Territory of Abuja should 

implement laws dealing with environmental protection and safety. Under 

the State laws, enforcement is basically placed in the hands of several 

bodies, such as Environmental Sanitation Task Force, Waste Management 

Boards, State Environmental Protection Agencies, and Environmental 



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Sanitation Courts. Special Courts are also established to try any person 

who violates the laws (Ijaiya & Joseph, 2014). 

Theoretical Framework 

Social Contract Theory was explored in this study. It originated from 

thinkers like Thomas Hobbes, John Locke, and Jean-Jacques Rousseau, 

who provided insights into the relationship between individuals and the 

state, ideas that have implications for protecting the environment. It states 

that the goal of government is to enforce important moral principles. 

According to Thomas Hobbes (1588-1675), government is required to 

regulate the people and keep society at peace. To accomplish this, Hobbes 

highlighted that individuals should agree (in a social compact) to devote 

their devotion to a sovereign on the only condition that their lives were 

protected by sovereign authority (Leviathan, 1651 referenced in 

Encyclopedia 2021, July 27). To regulate the indiscriminate and excessive 

exploitation of the environment, the government, which is considered as 

the vanguard of the people's wellbeing, should create and enforce 

environmental policies and laws. Government policy is a proclamation of 

the government's political actions, objectives, and intentions for a certain 

subject. To support successful environmental management, the state 

formulates and implements environmental policy. The framework 

provided by Social Contract Theory emphasizes the reciprocal duties 

between people and the state. It suggests that environmental protection is a 

shared duty, with the state accountable for creating and implementing laws 

that promote environmental well-being and individuals fulfilling their 

commitment to comply with these laws and actively contribute to 

sustainable practices. This idea may enlighten and encourage efforts to 

maintain and preserve the natural world by recognizing the relevance of 

the environment within the social contract. 

Methodology  

This article relied on a convergent parallel design (mixed-method research 

design) in interrogating Legal Framework on the Environment and 

Environmental Scarcity in Nigeria, in line with varying environmental 

challenges and the approach in global security that gives importance to 

human beings and their complex social and economic interactions as 

against the security of states. As part of research conducted for this paper, 

surveys were carried out in Bayelsa and Edo states on issues pertaining to 

the impact of government policies on the environment. Close-ended 

questions were posed and a 5-point Likert scale was used to gauge the 

views of the respondents. As the table below indicates, the issues raised 

and the responses obtained were directly relevant to the focus of this 



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research. Moreover, they are in line with the social contract theory that 

says, in the context of this discussion, that individuals should agree (in a 

social compact) to assign their devotion to a sovereign on the only 

condition that their lives should be protected from environmental scarcity 

by the sovereign authority. 

Discussion of Finding 

The table below reflects the result of the surveys conducted in Bayelsa and 

Edo States.    

Table 1: The impact of government policies on pollution in Bayelsa 

and Edo states of Nigeria. 

 
  Source: Researcher’s field work, 2023 



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The result of the field work, as reflected in Table 1 (on the impact of 

government policies on pollution in Bayelsa and Edo states, Nigeria) 

revealed that the respondents agreed that unnecessary and indiscriminate 

deforestation and bush burning destroy the vegetative cover of the earth 

(mean=4.80) and that there is increase in the pollution of land and water 

through oil spillage, gas flaring and illegal refinery (mean=4.74), despite 

government intervention policies or legal framework. So, they are aware of 

environmental laws; they, however, acknowledge their failure over time.  

They also added that illegal refining of crude oil in Bayelsa and Edo is on 

the increase (mean=4.73) despite environmental legal framework being 

formulated and implemented by the government (mean=4.68), as 

environmental laws can help to facilitate an effective environmental 

management if well implemented (mean=4.65).    

This result is consistent with Obutte, (2021), Oxfam, (2017), Ladan, 

(2012) Binali, (2014) in acknowledging the basis of protecting the 

environmental as noted in the Nigeria constitution, and in emphasising the 

need for sustainable environmental management, promotion of private 

sector compliance with environmental regulations other than in the oil and 

gas sector and publishing of general scientific or other data resulting from 

the performance of such functions.  

Majority of those who responded to the qualitative instruments concurred 

with the result from the quantitative instrument, buttressing the fact that 

knowledge and availability has never been in short supply. Although 

environmental policies are plentiful in Nigeria, their impacts are not seen. 

The truth is, most of them are just on paper, written down but non-

functional. They have not carried out any implementation, so submitted 

respondents R1, R2, R5, and R8. The respondents also added that the 

reason these policies are not effective is because before the policies were 

written, government did not involve the people affected. These policies 

were based on assumptions. Government failed to involve and meet the 

people to know the real problems on the ground, and this has affected the 

implementation. However, respondents R3, R4, R6 and R7 added that 

government is trying its best in the area of policy implementation. 

The agencies of government at the national and ub-national levels, saddled 

with the responsibilities of protecting and safeguarding the environment 

over the years, have not really been working hard in their job of creating 

awareness, protecting, safeguarding and securing the environment for the 

benefit of people and other living things such as plants, fishes, sea 

creatures, wildlife and agricultural development. Policies are in place to 

regulate and control environmental pollution but standards have not been 

adequately enforced. Thus, biodiversity has been adversely affected and 



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the sustainability of the environment has generally been compromised. 

Conclusion 

Pollution of the environment is a global issue. In Nigeria, most of the 

pollution to the environment came from the oil industry and 

industrialization. This led to a serious trend of natural and man-made 

disasters that, depending on how serious they were, could lead to poor 

health, food insecurity, or even death. Desertification, ozone layer 

depletion, global warming, volcanic eruptions, earthquakes, acid rain, oil 

spills, and climate change, which are the primary causes of environmental 

degradation, all result from human activities. Pollutants produced by 

human activities can be transferred by artificial catastrophes, which can 

have a negative reverse ecological impact on the species they affect. Many 

of the factors that contribute to air pollution, such as burning fossil fuels, 

are also sources of emissions of greenhouse gases. As a result, policies to 

reduce air pollution contribute to the near- and long-term mitigation of 

climate change while also lowering the burden of disease caused by air 

pollution. This is a win-win situation for both health and the environment. 

The reasons why available legal instruments for managing environmental 

scarcity seems not to have been very effective is attributable to a number 

of factors. According to the research findings, these include ignorance, 

corruption and population increase. The adjective "ignorant" can be used 

to describe individuals who are unaware of significant information or facts 

as well as those who display conflicting attitudes that amount to cognitive 

dissonance. There are three different types of ignorance: factual ignorance 

(a lack of knowledge of a particular fact), object ignorance (non-

acquaintance with a particular object), and technical ignorance (a lack of 

knowledge of how to perform a particular action). All three are involved in 

this matter.  

The companies should take measures to replace worn-out, leaking pipes 

and service their equipments. Communities and partners with the 

government are misled by multinational corporations engaged in the oil 

industry while the people suffer. Government officials saddled with the 

responsibility of enforcing standards lack the requisite knowledge, as non 

professionals are often employed. Population is also an issue here. All the 

respondents agree that the more the population grows, like it is growing at 

geometric progression in Nigeria, the more the causes of environmental 

scarcity, such as burning of fossil fuel, land and water pollution, industrial 

waste, and deforestation, among others, will be aggravated.   

 



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52 
 

Recommendations 

Nigeria's legal framework on environmental scarcity relies primarily on 

the judicial system. It has the duty of interpreting and applying the 

pertinent environmental laws, policies, and guidelines. Fair handling of 

any particular case depends on how impartially the legal system is run, 

how impartially the laws are applied, and how much latitude the laws 

provide the judge. Judges should therefore be required to uphold justice as 

prescribed by law in each instance, disregarding any procedural 

irregularities, formalities, or technicalities that are not supported by 

Nigerian environmental laws. Focusing on minutiae and pointless defenses 

against the preservation and sustainability of Earth's environmental 

condition might result in rigidity and inconsistency.  

Efforts should be made to amend the constitution in order to ensure the 

enforcement of environmental rights laws. Furthermore, the government 

must make sure that environmental rights are recognized and upheld in 

Nigeria without requiring too many formalities or complexities.  

Competent and qualified professional environmentalists should be engaged 

by government at Federal, States and Local government levels for 

effective and efficient service delivery. And as a matter of urgency 

government should embark on effective population control measures.  

Finally, Nigeria’s legal framework plays a critical role in addressing 

environmental protection and resource scarcity in the power sector. By 

enacting laws that prioritize sustainability, promote renewable energy 

development, and regulate energy activities effectively, Nigeria can 

mitigate environmental risks, reduce carbon emissions, and lay the 

foundation for a more sustainable utilization of energy in the future. 

 

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Author Information: Dr Christian Osemuyi Oseghale is 

a lecturer in Caleb University, Imota Lagos, Nigeria. 

Email: trustnigent1@gmail.com. Orchid ID: 0009-0001-

0276-0607 

 

 

 

 
 

APA 

 

Oseghale, C. O. (2024). Legal Framework Addressing Ecological 

Preservation and Environmental Scarcity in Nigeria. Global Online 

Journal of Academic Research (GOJAR), 3(3), 38-55. 

https://klamidas.com/gojar-v3n3-2024-03/. 

 

MLA 

 

Oseghale, Christian Osemuyi. “Legal Framework Addressing 

Ecological Preservation and Environmental Scarcity in Nigeria”. 

Global Online Journal of Academic Research (GOJAR), vol. 3, no. 

3, 2024, pp. 38-55. https://klamidas.com/gojar-v3n3-2024-03/. 

 

 

 


