Enforcement of Corporate Environmental Liability Under Nigerian Law: A Professional Assessment of NESREA’s Regulatory Capacity

Corporate environmental liability in Nigeria is governed by a combination of federal statutes including the NESREA Act 2007, the Environmental Impact Assessment Act 1992, the Petroleum Industry Act 2021, and sector-specific regulations. However, the practical enforcement of corporate environmental liability by the National Environmental Standards and Regulations Enforcement Agency has been widely criticised for inadequate prosecution of corporate polluters, negotiated consent orders that undervalue environmental damage, and limited technical capacity to monitor environmental compliance across Nigeria's industrial sectors. This study professionally assesses NESREA's regulatory capacity for enforcing corporate environmental liability, examining the Agency's statutory powers, enforcement records from 2019 to 2023, prosecutorial outcomes, and fine and remediation order compliance rates. A doctrinal and policy methodology is applied, reviewing the NESREA Act, the NESREA Environmental Regulations, Federal High Court decisions in NESREA prosecution cases, and comparative assessment of the UK Environment Agency's enforcement tools. Available environmental regulation literature from Nigeria identifies understaffing, inadequate laboratory infrastructure, and political interference in enforcement decisions as NESREA's principal capacity constraints. The Polluter Pays Principle and the Effective Environmental Enforcement Framework of the International Network for Environmental Compliance and Enforcement provide the normative reference. Recommendations address NESREA budgetary autonomy, graduated penalty schedules for corporate polluters, and civil liability private right of action for environmental harm. Keywords: corporate environmental liability, NESREA, environmental enforcement, regulatory capacity, Nigeria.