ASSESSING NIGERIA’S LEGAL FRAMEWORK FOR ENVIRONMENTAL PROTECTION IN THE ARTISANAL AND SMALL-SCALE MINING SECTOR

Abstract

Despite a robust legal framework, Nigeria's abundant solid minerals sector is plagued by massive environmental degradation and catastrophic pollution, challenging the efficacy of the regime in regulating the informal Artisanal and Small-Scale Mining (ASM) sector. This, this paper critically assesses whether Nigeria's existing legal framework for environmental protection in the solid minerals sector is truly proactive, examining both its theoretical design and its practical implementation. The study employs a doctrinal and comparative approach, critically analysing key statutory provisions, and institutional mechanisms, while drawing insights from the decentralised and progressive ASM governance model of Ethiopia. The findings indicate that, while the legal framework contains laudable, proactive provisions on paper, it is rendered largely reactive in practice. This failure stems from systemic implementation gaps, institutional inertia, vague regulatory language, and the poor formalisation of the ASM sector dominated by unlicensed, illegal miners. Furthermore, the non-justiciability of constitutional environmental rights weakens citizens' ability to seek redress. To achieve meaningful, preventative environmental protection, Nigeria must urgently transition from its current reactive approach to a proactive, inclusive, and environmentally sustainable legal regime. The paper therefore advocates for: constitutional reform to make environmental rights justiciable; regulatory revision to eliminate ambiguous enforcement language; the adoption of a decentralized formalisation strategy inspired by the Ethiopian model; and enhanced, multisectoral stakeholder collaboration for effective oversight.