Benue State University, Makurdi

An Appraisal of the Legal Framework for Control of Atmospheric Pollution in Nigeria

Edemadide, Believe Emurobor*

Abstract

Air pollution is one of the environmental problems facing Nigeria today and its impacts on the environment cannot be over-emphasised. Studies have documented the health risks air pollution poses on the people. Pollution of the atmosphere in Nigeria assumes various forms, ranging from gas flaring, burning of fossil fuel, destruction of illegally refined products by the security agencies, bush burning, use of fire woods as source of energy, poor waste management practices, and to unwholesome preparation of food, such as the preparation of animals in the abattoir. Nigeria is among the highest gas flaring countries in the world. Anchored on the foregoing premise, the paper undertook a critical appraisal of the legal framework for control of atmospheric pollution in Nigeria. It adopted the doctrinal methodology of research and gathered materials for analysis from both primary and secondary sources. The major finding of the paper was that the present legal framework is inadequate for combatting air pollution in Nigeria as the failure to recognise the right of Nigerians to a healthy and satisfactory environment in the Constitution of the Federal Republic of Nigeria 1999 (as Amended) and other environmental protection legislation is at the root of the failure to effectively arrest the pollution of the atmosphere in Nigeria. The paper recommended an urgent amendment of relevant provisions of the CFRN 1999 and other environmental protection laws in order to remove the impediments to effective implementation of the right to a clean environment and holding polluters of the atmosphere to account.

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