A CRITIQUE OF THE IMPACT OF SECTION 20 OF THE 1999 CONSTITUTION OF NIGERIA ON ENVIRONMENTAL PROTECTION

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ABSTRACT

The protection of the environment is a critical issue globally, with nations striving to enact robust legal frameworks to address environmental challenges. In Nigeria, the 1999 Constitution of the Federal Republic of Nigeria serves as the foundational document guiding governance and societal norms. Within this constitution, Section 20 explicitly outlines the state's responsibility to protect the environment for present and future generations. However, despite this constitutional mandate, Nigeria continues to face significant environmental threats, including deforestation, pollution, and habitat destruction. Therefore, a critical examination of the impact of Section 20 on environmental protection is essential to assess the effectiveness of legal mechanisms in safeguarding Nigeria's natural resources and promoting sustainable development. This dissertation aims to undertake such a critique, examining the strengths, weaknesses, and practical implications of Section 20 in shaping environmental policy and practice in Nigeria. The research methodology is doctrinal and it involves a comprehensive review of existing literature, including legal texts, scholarly articles, and relevant case law, to contextualize the critique of Section 20. Additionally, qualitative analysis of policy documents, government reports, and stakeholder perspectives will provide insights into the practical application of constitutional provisions. The study highlights the constitutional significance of Section 20 within the context of Nigeria's environmental challenges, emphasizing the need for effective enforcement mechanisms and institutional frameworks to ensure its implementation. It also compares Nigeria's constitutional approach to environmental protection with that of other countries, particularly South Africa, to identify best practices and lessons learned. The findings of this thesis suggest that while Section 20 of the 1999 Constitution of the Federal Republic of Nigeria provides a solid foundation for environmental protection, there are significant gaps in its implementation and enforcement. These gaps include limitations in the judicial system, inadequate institutional capacity, and conflicting priorities within the government. The thesis concludes with recommendations for legislative reforms, policy interventions, and institutional changes to strengthen environmental protection measures in Nigeria, aligning with international best practices and advancing the nation's commitment to sustainable development.

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