LEGAL AND INSTITUTIONAL LIMITATIONS TO CLAIMS OF ENVIRONMENTAL POLLUTION IN NIGERIA: AN APPRAISAL

Abstract
There cannot be a meaningful and successful claim to the actualization or attainment of individual, communal right and/or human right
respectively without a healthy environment. Hence, the policies guiding the Nigerian environment against environmental pollution is enormous. Nigeria is a signatory to innumerable international agreements and conventions related to environmental sustainability, climate change, health and safety of its citizens and protection of marine waters, fishes, livelihood structures and biodiversities. The regulations, policies and laws are aimed to prevent, discourage or punish environmental polluters,
thereby reduce the dangers of environmental pollution that emanates from both industrial activities, privates or groups and safeguard the
surroundings and wellbeing of the citizenry. This paper examined the legal and institutional limitations to claims of environmental pollution
in Nigeria. The doctrinal research method was adopted. The paper found that the policies are laudably pronounced theoretically rather than
practically. The policies lack consistency, enforcement and overlaps of mandates which betrayed its essence and negatively affect the claim that could arise from such environmental breaches. The paper concluded that
despite the environmental laws and policies targeted at ameliorating the problems associated with environmental pollution, the situation in Nigeria seems degenerating owing to the fact that these laws are not effectively enforced. It was therefore recommended amongst others that prompt pollution policy revisions, rigorous and robust stakeholders’
engagement and policy implementation approaches are required to manage pollution sources and mitigate the environmental, ecological, social, economic and human health effects of all forms of environmental
pollution.

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