SOURCE:

Faculty: Law
Department: Law

CONTRIBUTORS:

Ikpeze, N.G;
Arinze-Umeobi, C;

ABSTRACT:

Impacts of mankind’s over-exploitation of natural resources, unsustainable use of the environment, unregulated and unmonitored economic activities have harmed and continues to harm the environment due to pollutions in Nigeria and globally. There are several Conventions on the environmental degradation due to pollution. Thus States including Nigeria have legislated on protection on the environment from crimes. Yet crimes persist probably due to inadequate laws and procedures to ensure protected environment. Laws and processes ensure protected environment from crimes. No doubt to adequate and effective laws in contemporary Nigeria are long overdue. The researcher in this study aimed at examining the laws and punishments on harm to the environment so as to fashion out how to call and deter crimes in the environment. The Methodology adopted is doctrinal and non-doctrinal. The doctrinal use the basic method of literature review involving analysis of laws, decided cases, United Nations (UN) Conventions and Declarations as well as access to internet sources. The non-doctrinal utilized fieldwork by using quantitative and qualitative analysis by distribution of questionnaires to appropriate Respondents via facilitators and statistically analysed data. The research findings show that despite the existence of the legal framework and operational agencies on the protection of the environment the environmental crimes persist. The citizens are not mostly aware of the laws protecting the environment or the agencies to report the position of the environment. Lack of will power on the part of government to provide strict laws with adequate punishment to curb or deter crime to the Nigerian environment; there is no real establishment mechanisms for monitoring environment against pollution; the citizens. There is no clear laws on victims’ compensation. The study concluded on strict protection of environment considering the Nigerian environment; the researcher made some recommendations as follows: Proper criminalisation of some activities on environmental degradation so as to safeguard the Nigerian environment in conformity with global and international best practices; review of Nigerian laws to aid Monitoring and prosecution of environmental crimes in Nigeria and ensure remediation of the environmental harm and compensation of the victims of crimes as well as establishment of special Courts for environmental crime trial as done in other climes thus guaranteeing proper protection of the environment from crime, remediation and adequate victims compensation in line with global best practices.