The Federal Government is proposing a new law that increases penalties to reflect seriousness of the crimes and their impact on endangered species, as well as expand courts’ ability to expedite wildlife cases and recover assets, create corporate liability and support international cooperation.

Coming under the Endangered Species Conservation and Protection Bill 2023, which is before the House of Representatives, the government has also created offenses for damaging critical habitats; permit violations, introduction of invasive species, obstruction and preparing to commit an illegal act.

Promoted by the Federal Ministry of Environment, the legislation would make Nigeria compliant with international conventions on endangered species, organized crime and corruption, while increasing investigative powers to include financial enquiries and intelligence-led operations. Chair of the House Environment Committee, Hon. Johnson Oghuma and Hon. Sam Onuigbo, jointly sponsored it.

Specifically, it stipulates imprisonment of up to 10 years imprisonment or a fine of not less than N12 million or both for any person that imports, exports, re- exports or attempts to embark on such activities listed under Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

For offenses related to species listed under the Second Schedule, the person is liable to a term of imprisonment of up to seven years or a fine of not less than N6 million or both. An offense relating to a species listed under the Third Schedule  also attracts N4 million or both such fine and imprisonment.

Also, any person that fails to conduct an environmental impact assessment (EIA) before embarking on any project would be guilty of an offense under sub-section (1) and liable to a term of imprisonment of up to five years imprisonment or a fine of not less than N10 million or both such fine and imprisonment.

Similarly, any person who carries out an extractive activity within a protected area, without a permit or other lawful authority, commits an offense and is liable to a term of imprisonment of up to 10 years imprisonment or a fine of not less than N15 million or both such fine and imprisonment. Upon conviction, the person is also liable to the cost of restoration, restitution and any other costs associated with the clean up and rehabilitation.

Besides, a person who kills, hunts, captures, or injures a species without a permit or other exemption under this Act, which relates to a species listed under the First Schedule, is liable to a term of imprisonment of up to five years with no option of a fine.

Africa Nature Investors Foundation (ANI), the London-based Environmental Investigation Agency (EIA) and Wild Africa Fund (WAF) have been actively supporting the Nigerian Government’s efforts to fight illegal wildlife trafficking, with support from the UK Illegal Wildlife Trade Challenge Fund and the US Bureau of International Narcotics and Law Enforcement Affairs.

Oghuma said: “The rate at which some species of fauna and flora are being extinguished is assuming a frightening dimension. Every day, more and more species are becoming endangered and pushed to the brink of extinction. It is worthy of note that any action that is against biodiversity sustainability comes with a great cost. Just as humans have the right to life, so do the plants and animals.

“We must therefore do everything within our strength to ensure their sustainability. It is time to act to stop environmental degradation and protect our wildlife and plants globally and Nigeria cannot afford to be the last.”

ANI Executive Director, Tunde Morakinyo, said: “This is a momentous thing for Nigeria. The whole world is watching us. Let’s get it right and show the world how we can be the leaders in Africa on fighting the illegal trade in wildlife.

EIA Executive Director, Mary Rice, said: “This comprehensive legislation is cutting-edge and a potential game-changer. Working alongside our partners, EIA sees this as a key step in tackling trafficking and protecting critically endangered wildlife in Nigeria and across Africa. We hope it can be rapidly adopted to address the current crisis.”