THE LEGAL FRAMEWORK

ASSESSING THE LEGAL FRAMEWORK FOR AIR POLLUTION CONTROL IN NIGERIA: AN APPRAISAL OF THE CHALLENGES AND STRATEGIES FOR REDRESS

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Abstract
Air pollution is a critical environmental and public health issue in Nigeria, exacerbated by rapid industrialisation, urbanisation, and inadequate enforcement of regulations. This study evaluates the legal framework for air pollution control in Nigeria, examining challenges that hinder effective regulation and proposing strategies for redress. Key statutes, such as the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act and the Environmental Impact Assessment (EIA) Act, are analysed to assess their effectiveness in addressing air pollution. The research identifies significant challenges within the legal framework, including insufficient statutory provisions, limited enforcement powers, inadequate inter-agency coordination, and weak penalties for violations. Additionally, socio- economic factors, including poverty, population growth, and political interference, further undermine the effective implementation of air quality regulations. These challenges limit the capacity of Nigerian laws to curb pollution and protect public health effectively. A comparative approach is adopted to examine international best practices in air pollution control, focusing on jurisdictions with established air quality management systems. Lessons are drawn from these systems to highlight practical measures that could enhance Nigeria’s regulatory framework. The study proposes legal and policy reforms, such as expanding the mandate and resources of environmental regulatory bodies, updating outdated legislation to incorporate contemporary pollution control technologies, enhancing public awareness, and
fostering partnerships with international organisations for technical support. By addressing these legal and policy challenges, Nigeria can reduce the adverse impacts of air pollution on public health and environmental sustainability while improving compliance with global environmental standards. This research contributes to the discourse on environmental law reform in Nigeria, offering recommendations to strengthen the air pollution control framework and providing a pathway toward a cleaner and healthier environment.
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