Chapter One — 1.1 Background to the Study

Environmental Degradation has emerged as a pressing legal and social concern in Nigeria, prompting sustained debate among lawmakers, the judiciary, and civil society over how existing law should respond.

While the legal framework addressing environmental degradation has evolved considerably, judicial interpretation remains an area where scholarly and judicial opinion is divided, warranting closer legal analysis.

1.2 Statement of the Problem

Notwithstanding the provisions of the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act, environmental degradation persists in Nigeria, raising concerns about judicial interpretation and whether the current legal regime is adequate to the task. This study interrogates that gap between legislative intent and practical outcome.

1.3 Objectives of the Study

1. To examine the legal framework governing environmental degradation in Nigeria, particularly under the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act.
2. To assess judicial interpretation as it relates to environmental degradation.
3. To identify the gaps between the law's provisions and its practical enforcement.
4. To recommend legal and institutional reforms to strengthen the response to environmental degradation.

1.4 Research Questions

1. What does the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act provide in respect of environmental degradation?
2. What challenges arise in respect of judicial interpretation in relation to environmental degradation?
3. What gaps exist between the law's provisions and its practical enforcement?
4. What reforms could strengthen Nigeria's legal response to environmental degradation?

1.5 Significance of the Study

This study is significant to legal practitioners, policymakers, and law enforcement agencies grappling with environmental degradation, offering a focused analysis of the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act and its practical adequacy. It also contributes to the growing body of scholarship in law on Nigeria's response to this issue.

1.6 Scope of the Study

The study is limited to a doctrinal and case-law analysis of environmental degradation with particular focus on judicial interpretation, reflecting a clearly defined scope; it does not extend to a full empirical survey of enforcement outcomes nationwide.