An Evaluation of Environmental Criminal Liability and Enforcement in Nigeria

Abstract

The essence of this article is to evaluate the use of criminal law as an effective mechanism for the protection of the environment in Nigeria. There has been an increasing use of criminal prosecutions in environmental matters worldwide, but in Nigeria, it has proved an ineffective mechanism. We have adequate provisions for salient criminal aspects under the environmental statutes but they are bereft of enforcement. Some of these statutes are defective in all respects which detracts considerably from their potency. For instance, the general level at which fines are imposed neither reflects the gravity of the environmental crimes nor punishes adequately those who commit them. The discourse also examines the legal and economic theories of criminal law enforcement in comparison with the current realities in Nigeria. Finally, it suggests a review of the legal framework for the criminal enforcement of environmental laws as well as sentencing guidelines in Nigeria.