Achieving Universal Access to Clean Water in Nigeria: An Analysis of Extant Laws and Policies

Abstract

There is a growing and urgent demand for access to sustainable water supply and sanitation in Nigeria. The present circumstances, marked by water emerging as a tradable commodity, the ongoing COVID-19 pandemic, escalating environmental pollution, and the impacts of climate change, underscore the pressing necessity for robust water protection measures and systemic governance in Nigeria and on a global scale. Therefore, addressing today's water scarcity requires a progressive securitization strategy. This approach should be propelled by considerations of availability, affordability, accessibility, hygiene, sustainability, and, foremost, a commitment to environmental principles and sanctity. This paper uses the sociolegal methodology to investigate the extent to which Nigerian policy and legal regime support universal access to sustainable, clean water supply and sanitation, based on the United Nations Sustainable Development Goal (SDG) (6) six. It contends that current laws are insufficient to the extent necessary for achieving one hundred percent access to clean water in Nigeria. Firstly, it presents a situational analysis of water supply access, examining barriers that hinder equitable access to safe and affordable water in the country. The major impediment identified is a lack of funding. Subsequently, the effectiveness of current water policies and laws is assessed. Notably, it argues that the non-justiciability of the government's duty to provide water facilities in the 1999 Constitution of the Federal Republic of Nigeria (As Amended) significantly diminishes its impact. Furthermore, the licensing regime for water projects under the Nigerian Water Resources Act 2004 exacerbates the funding issue, as investors are obligated to pay processing fees before initiating a project. The article scrutinizes the Nigeria Water Resources Bill 2020 and concludes that it lacks progressiveness in addressing the identified flaws in the existing legal framework. The article provides significant policy implications, particularly in recognizing and remedying critical impediments to adequate water supply and sanitation.