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Raphael O Adeoluwa

Raphael O Adeoluwa

  • Raphael Adeoluwa was formerly an Associate Professor in the College of Law, Bowen University, Iwo Nigeria. Various Po... moreedit
It is supererogatory to reiterate that the environment and climate change issues are both cardinal to human continuous existence and sustainable development because of their direct impact on man. Given the environmental challenges and... more
It is supererogatory to reiterate that the environment and climate change issues are both cardinal to human continuous existence and sustainable development because of their direct impact on man. Given the environmental challenges and change in climate in recent years, globally coordinated efforts have culminated in adoption of multifarious regulatory frameworks to manage these challenges in Nigeria. By the combined effects of sections 2 and 7 of the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act 2007 (NESREA Act), NESREA has the responsibility of enforcement of all ‘laws’ relating to the environment and climate change in Nigeria, be it domestic or international. The question raised by this development include, how adequate are those enacted laws and or rules on environment and climate change? How much of the enforcement of these laws has been carried out in Nigeria, among others? Using a doctrinal research method, this paper answers inter al...
Environmental protection and regulation will ever remain a recurrent need in human affairs given the importance of the environment to man’s continuous existence and the impact of his activities on the natural environment as well. This... more
Environmental protection and regulation will ever remain a recurrent need in human affairs given the importance of the environment to man’s continuous existence and the impact of his activities on the natural environment as well. This reality has informed various coordinated attempts to balance the relationship between man and his natural environment, being his habitat. Following the enactment of the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act 2007 (NESREA Act, now Cap N164, Laws of Federation of Nigeria 2010), a number of National Environmental Regulations have been made to give effect to the aim and objectives of the Act. However, with this plethora of regulations, the ugly trends of environmental abuses and the attendant challenges remain constant on the Nigerian landscape as if those regulations are not in existence. Adopting a doctrinal method, this paper interrogates the purposes of the extant national environmental regulations to de...
In view of its notable impact today, it is almost no more debatable that climate change is one of the greatest challenges affecting the human environment in this century. Though largely caused by mankind, the adverse impact of climate... more
In view of its notable impact today, it is almost no more debatable that climate change is one of the greatest challenges affecting the human environment in this century. Though largely caused by mankind, the adverse impact of climate change is felt across every facet that affects humanity. At the global arena, the issue of climate change remains a hotter debate among pundits including legal scholars over the decades. The raison d'être for this worldwide concern is not farfetched given the ripple effects of climate change on humanity. Nigeria popularly referred to as the African giant is not in any way exempted both in the share of the challenges posed by climate change and its famous global consequence(s) on humanity and the environment. While the argument in support of climate change reality is preponderant, a few minds are still skeptical about it seeing the phenomenon as mere environmentalists' politics against human freedom to access the environment. This view has in no doubt affected the responses to climate change in different jurisdictions. The agitating questions tackled therefore by this paper include: how is climate change concept viewed in Nigeria? How much contribution does Nigeria make to climate change problem, and how has Nigeria responded to the climate change challenges? Using a doctrinal approach, this paper extensively examines the response to climate change in Nigeria, bearing in mind the above thought-provoking questions and many more. The paper argues that, in view of the established scientific proofs of global warming, climate change is now real and should, therefore, be responded to and or addressed with a more proactive and robust action that will not only foster mitigation but also adaptation in Nigeria to save the country's teaming and vulnerable population from its looming effect in this century. The paper concludes with some suggestions.
This paper is a discourse on the influence of customary practices in environmental governance in our traditional society before the advent of the English common law system with the aim to compare and contrast the efficacy or otherwise of... more
This paper is a discourse on the influence of customary practices in environmental governance in our traditional society before the advent of the English common law system with the aim to compare and contrast the efficacy or otherwise of such customary practices with the modern environmental laws. In Nigeria, customs are well defined, although, informal from one society to the other such that they tame human conducts with undeniable effectiveness because of the attached sanctions. It is no gainsaying that the current environmental regulatory regime has not achieved the desired goal of earning for the Nigerian people a safe and decent environment which is a prerequisite for human continuous existence. This paper argues that customary environmental practices are so effective till date in many Nigerian communities such that people observe and comply with those customary rules better than the modern legislations. The paper concludes that in view of the prevalent environmental challenges, the customary environmental practices could be codified to promote environmental protection and management in Nigeria given their efficacy.
Environmental protection and regulation will ever remain a recurrent need in human affairs given the importance of the environment to man's continuous existence and the impact of his activities on the natural environment as well. This... more
Environmental protection and regulation will ever remain a recurrent need in human affairs given the importance of the environment to man's continuous existence and the impact of his activities on the natural environment as well. This reality has informed various coordinated attempts to balance the relationship between man and his natural environment, being his habitat. Following the enactment of the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act 2007 (NESREA Act, now Cap N164, Laws of Federation of Nigeria 2010), a number of National Environmental Regulations have been made to give effect to the aim and objectives of the Act. However, with this plethora of regulations, the ugly trends of environmental abuses and the attendant challenges remain constant on the Nigerian landscape as if those regulations are not in existence. Adopting a doctrinal method, this paper interrogates the purposes of the extant national environmental regulations to determine the reasons behind their seemingly non-efficacious as opposed to the spirit of the NESREA Act from where they derive their lifeblood. The paper argues that the awareness creation about these regulations and their enforcements are generally poor and or weak on the part of NESREA that is statutorily saddled with the responsibilities. The paper concludes that NESREA, being the appropriate authority, should strengthen its enforcement mechanism and embark on serious environmental awareness creation especially among the rural dwellers who are more close to the natural environment.
Research Interests:
It is supererogatory to reiterate that the environment and climate change issues are both cardinal to human continuous existence and sustainable development because of their direct impact on man. Given the environmental challenges and... more
It is supererogatory to reiterate that the environment and climate change issues are both cardinal to human continuous existence and sustainable development because of their direct impact on man. Given the environmental challenges and change in climate in recent years, globally coordinated efforts have culminated in adoption of multifarious regulatory frameworks to manage these challenges in Nigeria. By the combined effects of sections 2 and 7 of the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act 2007 (NESREA Act), NESREA has the responsibility of enforcement of all 'laws' relating to the environment and climate change in Nigeria, be it domestic or international. The question raised by this development include, how adequate are those enacted laws and or rules on environment and climate change? How much of the enforcement of these laws has been carried out in Nigeria, among others? Using a doctrinal research method, this paper answers inter alia those agitating questions and argues that, available regulatory frameworks on the environment and climate change in Nigeria are inadequate. The paper further argues that the extant legal frameworks among other things lack effective enforcement mechanism and efficacious penalties, the concomitant effect of which is fecklessness of the regime generally in achieving its aims.
Research Interests:
This paper is an exposition of the poor state of urban and environmental sanitation in Nigeria following various reports that billions of people around the world lack access to basic sanitation. The paper appreciates the difficult... more
This paper is an exposition of the poor state of urban and environmental sanitation in Nigeria following various reports that billions of people around the world lack access to basic sanitation. The paper appreciates the difficult condition of the masses in Nigeria; especially in urban areas where there is no public lavatory but yet must obey the natural law to visit the toilet at regular interval, hence, the resort to open defecation and urination. Using a doctrinal approach, the paper found that the sanitation condition of the masses within the Nigerian environment where open defecation and urination is practiced due to lack of public lavatory is poor and pathetic. The paper also argues that in  Nigeria’s bid to protect her environment, promote urban sanitation, and put the nation’s landscape on decent pedestal, Nigeria cannot attain best practice except the problem of ‘no public lavatory’ is proactively addressed around the country coupled with rigid enforcement. The paper concludes that Nigeria must proactively tackle the problem of environmental and urban sanitation around the country by providing public lavatory for the masses which could be easily achieved through public-private partnership.