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PREVENTING WILDLIFE DECLINE IN NIGERIA: ASSESSING THE LEGAL PROTECTION OF ENDANGERED SPECIES IN NIGERIA RECORD OF LAW BATCH V INTERNSHIP

Authored By: Babarinde Esther Adetola

Adeleke University

ABSTRACT

The decline of wildlife in Nigeria has become a major concern requiring urgent action. This article evaluates the effectiveness of Nigeria’s legal frameworks in protecting endangered species. These include the Endangered Species (Control of International Trade and Traffic) Act, 1985, and the National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020, in preventing the decline of these species.The study also examined other relevant frameworks aimed at wildlife conservation in Nigeria. It evaluated the protection offered by the major frameworks to protect endangered species in Nigeria and analysed the gaps in the legal protection of endangered species. This paper also offered reforms to tackle these gaps and prevent the decline of wildlife especially endangered species in Nigeria.

1.0 INTRODUCTION

Nigeria is home to a diverse range of wildlife, including animal, plant, and insect species that thrive in various ecosystems. The presence of these creatures is  crucial for biodiversity, and their importance is immeasurable. In August 2026, WildAfrica through its televised series, reported that Nigeria’s elephant population has decreased from an estimated 1,200-1,500 elephants in 1991 to approximately 300-400, currently raising serious concerns about their potential extinction.[1]

In 2025, it was reported that vultures are now facing extinction, with certain species on the continent declining by up to 97% in the previous 50 years. Six of the eleven African vulture species are on the verge of extinction due to numerous threats. Poisoning is the main cause of vulture deaths, accounting for more than 60% of all vulture deaths on the continent.[2]

These alarming findings highlight the extent of the problem of conservation in Nigeria’s , as endangered wildlife plays a crucial role in medicine, ensuring food security, controlling pests, cycling nutrients, facilitating pollination, and supporting tourism.[3] Species face ongoing threats from poaching, illegal trafficking, and habitat destruction. Additionally, Nigeria has emerged as a key transit point for the illegal ivory and pangolin scale trade.[4]

The legal protection of wildlife is essential for the conservation and sustenance of their continuous life cycles, as well as for outlining the procedures and standards required to obtain permits for activities related to these species.[5] The main legislation governing endangered species in Nigeria is the Endangered Species (Control of International Trade and Traffic) Act, 1985 .The objective of this Act is to conserve and manage Nigeria’s wildlife species and to protect endangered species in danger of extinction due to over exploitation, as required by international treaties to which Nigeria is a signatory.[6]

The Constitution of the Federal Republic of Nigeria 1999 provides:

“The State shall protect and improve the environment and safeguard the water, air and land, forest and wild life of Nigeria.”[7]

The article aims to assess the effectiveness of legal frameworks in preventing decline of wildlife particularly endangered species in Nigeria

Key words: Wildlife, Endangered Species , Decline, Legal Framework

2.0 DEFINITION OF ENDANGERED SPECIES

Endangered species are species at risk of extinction, characterized by their critically low populations or rapid decline, which may lead to their imminent extinction.[8]

2.1 DEFINITION OF WILDLIFE

Wildlife refers to “any undomesticated or uncultivated plants or animals”.[9]

3.0 LEGAL FRAMEWORKS THAT PROTECT ENDANGERED SPECIES IN NIGERIA

There are various legal frameworks including Acts and Regulations put in place to protect endangered species in Nigeria. Also, Nigeria is a signatory to Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES),1973 of which the Endangered Species (Control of International Trade and Traffic) Act,1985  is modelled after.

The regulatory body responsible for the protection of endangered species in Nigeria is the National Environmental Standards and Regulations Enforcement Agency(NESREA) which was established by the provisions of the National Environmental Standards and Regulations Enforcement Agency Act (NESREA), 2007. The Agency, being an establishment of the Act, has the responsibility to develop Nigeria’s environment and ensure its adequate protection, biodiversity conservation and sustainable development of Nigeria’s natural resources.[10] It ensures compliance of laws, guidelines, standards, and regulating environmental matters.[11]  Thus, NESREA enforces standards focused on environmental protection and sustainability, which encompasses the safeguarding of biodiversity which includes the protection of endangered species, the regulation of wildlife trade, and the management of activities that pose a threat to habitats.[12]

The Endangered Species (Control of International Trade and Traffic) Act, 1985 was enacted to manage and conserve Nigeria’s wildlife and to protect endangered species. This Act expressly prohibits the hunting and trading of animals who are in danger of extinction as specified in the First Schedule.[13]  It also prohibits the hunting, capturing, and trading of animals that may not currently be at risk of extinction but could become so in the future, as specified in the Second Schedule.[14]

The National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020  was created by the National Environmental Standards and Regulations Enforcement Agency(NESREA) and covers newer developments regarding wildlife and endangered species. This  Regulation cover new developments in the area of wildlife and endangered species.The Regulation bans the ownership, display, and trade of wildlife species listed in Schedule I and II of the Endangered Species (Control of International Trade and Traffic) Act, 1985, as well as those listed in Appendix I, II, or III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).[15] It also prohibits the importation, exportation, re-exportation of specimens of these species, or introducing them directly into Nigeria from a marine environment outside Nigeria.[16]

The objectives of the National Park Service as outlined in the National Park Service  Act 46 (Cap 65 LFN 2004) includes the protection of endangered species of wild flora and fauna along with their habitats and the preservation of wildlife across Nigeria to maintain the abundance and diversity of species at optimal levels compatible with other land uses, ensuring the ongoing survival of wildlife for sustainable utilization that benefits the people of Nigeria.[17]

3.0 WAYS BY WHICH LEGAL FRAMEWORKS PROTECT ENDANGERED SPECIES IN NIGERIA

3.1 Prohibition of Hunting:

To prevent the extinction of endangered species, the Act absolutely prohibits the hunting and capturing of endangered animals listed in the First Schedule of the Act.[18] Animals listed in the Second Schedule cannot be captured or hunted without a license.[19] This is to ensure proper conservation of the remaining wildlife species and to ensure timely measures in curtailing extinction of these animals.

3.2 Prohibiting the  Domestic and International Trade of Endangered Species:

To protect endangered species, there are regulations in place that prohibits domestic and international trade of these species.The National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020 expressly disallows any person from committing, attempt to commit, solicit to commit to import,export, re-export or direct introduction to Nigeria specimens of these endangered species.[20] The Endangered Species (Control of International Trade and Traffic) Act,1985  prohibits hunting and trading endangered species threatened with extinction and those might be extinct in the future.

3.3 Issuance of Permits and Certificates:

To regulate the lawful trade and possession of these endangered species, individuals or bodies are to obtain a Permit. For persons to possess specimens of wild species listed in Appendix I, II

and III of  the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) or Schedule I and II of the Act, they must obtain a pre-convention certificate  issued by the Federal Ministry of Environment.[21]

For specimens of wild species to be imported, species listed in Appendix I of Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) require an import permit issued  under Section 3 of the Act, as well as a valid foreign export permit or re-export certificate from the foreign country, whilst specimens collected from the maritime environment outside of any country’s authority require an introduction-from-the-sea certificate.[22] For Appendix II species, a valid foreign export permission from the country of origin or a valid foreign re-export certificate is necessary, prior to the importation.[23] The criteria for Appendix III species vary depending on whether the exporting country has listed the species: if it has, a foreign export permission or re-export certificate is necessary; otherwise, a certificate of origin or re-export certificate must be obtained.[24]

In order to export specimens of such wild species in Appendix I,II and III, an export permit or re-export certificate must be obtained prior to such exportation or re-exportation.[25]

A permit certificate is usually valid for a period of 6 months or such other period as may be prescribed by the Minister of Environment. The Minister can also cancel and retain an import permit and an export and re-export certification.[26]

3.4 Offences and Penalties :

To discourage people from participating in  activities that will contribute to the further decline of wildlifes, The National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020[27] and the Endangered Species (Control of International Trade and Traffic) Act,1985 [28] have declared such activities illegal and set penalties for individuals involved.These penalties can include fines, imprisonment, or the loss of property.

3.5 Enforcement :

The enforcement of the various legal frameworks for the protection of wildlife is often a collaboration between multinational agencies e.g National Environmental Standards and Regulations Enforcement Agency(NESREA) , National Parks Service, Nigeria Customs Service when specimens of such species are being transported across borders. [29]Agents have the obligation to ensure due compliance of the legal frameworks and have the authority to arrest or order the arrest of anyone who has violated the legal provisions put in place to protect wildlife.[30]

4.0 ANALYSIS OF THE GAPS IN LEGAL FRAMEWORK’S PROTECTION IN PREVENTING DECLINE OF ENDANGERED SPECIES IN NIGERIA

4.1  Limited Coverage of the Existing Legal Framework:

Although the National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020 and The Endangered Species (Control of International Trade and Traffic) Act,1985  has rules set in place to prevent hunting, capturing and trade of animals that are at the brink of being extinct or might be extinct in the future. These frameworks do not address and expressly prohibits other causes of wildlife decline, which include habitat loss through deforestation, agricultural activities and land use, pollution, etc to prevent the further decline of these species.The swift urbanization occurring in Africa, encompassing both megacities and smaller towns, poses significant challenges and opportunities for conservation initiatives. This phenomenon leads to habitat loss, degradation, extinction, and fragmentation.[31]

4.2 Enforcement Gap:

The enforcement of these regulations is often impeded by coordination gaps and limited investigative capabilities, along with a lack of specialized tools and forensic resources to track the origins of wildlife products, which complicates prosecution efforts.[32]

The absence of cohesion and a unified strategy, along with unclear delineation of responsibilities, hampers the effective implementation of wildlife protection measures. The mandates of NESREA occasionally conflict with those of the National Parks Service and state agencies, resulting in jurisdictional disputes and inefficiencies in the enforcement of conservation policies.[33] There is also a lack of harmonization between the frameworks, the Act only allows permits and certificates for import,export and re-export to be issued in respect of animals listed in Schedule II but the Endangered Species Regulations allows permits,certificates in respect of export,import and re-export to be issued in respect of animals listed in Schedule II and Schedule I.

The National Parks, acting as a reservoir for a considerable share of Nigeria’s biodiversity, have faced grave dangers from poaching in recent years, leading to the demise of both wildlife and Rangers at the hands of these poachers.[34] Corruption and inefficient political practices will intensify these challenges, as preventative measures are secondary to urgent socio-economic issues, with some officials overlooking illegal trade for their own financial gain.

4.3 Inadequacy of Penalties and deterrence:

The Endangered Species Act has not undergone substantial revisions, leading to outdated species classifications and insufficient penalties that do not effectively discourage illegal hunting and trade.[35] The emergence of the Endangered Species Regulations has increased the amount of fines and imprisonment. These penalties are not adequate  to prevent wildlife decline and preservation of endangered species; the penalties are smaller to the profits generated either from illegal export or import of Elephant tusks, Pangolin scales etc. The fines are easier to pay by the offenders and their course of trade continues. This Regulation did not review the penalties for hunters and captors of these endangered species.

5.0 PROPOSALS FOR REFORM

To prevent the continuous deterioration of wildlife populations, particularly among endangered species, it is crucial to harmonize the authority of various agencies and address regulatory overlaps to improve operational efficiency.[36]A cohesive regulatory framework is necessary to eliminate confusion and prevent the exploitation of legal loopholes.

Furthermore, it is essential that these enforcement agencies are adequately empowered and funded to effectively combat poaching activities. There is a pressing need for more stringent penalties that will deter people from engaging in activities that negatively affect endangered species and measures to address corruption, thereby facilitating smoother operations.

Additionally, the Endangered Species Act and the Endangered Species Regulations set forth by NESREA should be reassessed to incorporate other factors contributing to the decline of wildlife. The animals listed in the First and Second Schedule of the Act should be regularly updated to facilitate prompt actions aimed at preventing the further decline of these species.

It is essential to raise awareness and educate the public regarding the significance of wildlife conservation and the consequences of endangered species facing extinction.[37]

6.0 CONCLUSION

Nigeria’s wildlife laws largely provide protection against particular forms of exploitation;  these frameworks do not offer adequate measures to prevent the decline of these Endangered Species. These frameworks are hindered by proper enforcement, regulatory overlaps, unclear provisions and fragmented regulatory organs. Constant decline of these Endangered Species shows that realistically these legal protections are not enough to prevent extinction. The major legal frameworks protecting endangered species in Nigeria;The Endangered Species (Control of International Trade and Traffic) Act,1985 and The National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020 have to be amended to keep up with newer developments. There have been attempts to replace the Act with Endangered Species Conservation and Protection Bill,2024 which has not received Presidential assent to be a law.

Recommendations made can only be achievable when there is proper enforcement of various frameworks that are in place and it is only through this that Endangered Species population will not be in constant decline.

BIBLIOGRAPHY

LEGISLATIONS

Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES),1973

Endangered Species Conservation and Protection Bill,2024

Endangered Species (Control of International Trade and Traffic) Act,1985

National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020

National Environmental Standards and Regulations Enforcement Agency Act (NESREA), 2007.

National Park Service  Act 46 (Cap 65 LFN 2004)

SECONDARY SOURCES

Agom U.C, ‘Endangered Species Legislation In Nigeria: Analysis Of Domestic Legal Instrument’ (2025) 8(2)  African Journal of Law, Political Research and Administration 32 <https://doi.org/10.52589/AJLPRA-95CX3ZVR> accessed 21 August 2026

Atoyebi M.O and Igho P.E,’Protecting Nigeria’s Wildlife’ (Omaplex, 12 August 2024)<https://omaplex.com.ng/protecting-nigerias-wildlife/> accessed 21 August 2026

Giwa Oyindamola, ‘Enforcement Of Illegal Wildlife Trade In Africa: Challenges And Solutions (Nigeria As A Case Study)’  (2024) <http://dx.doi.org/10.2139/ssrn.5011729> accessed 21 August 2026

Ngongolo Kelvin and  Kyando Moses, ‘Biodiversity conservation and socio-economic development for Africa’s harmonious future: A Scoping Review’ (2025) 2(11) BMC Environmental Science 10 <https://doi.org/10.1186/s44329-025-00021-x>accessed 22 August 2026

Olaoluwa Yemi, ‘5 Importance Of Wildlife’ (Animal News, 12 June 2026) <https://conservationsng.com/5-importance-of-wildlife/> accessed 20 August 2026

Otieno Vincent, ‘How We are Saving Africa’s Vultures’ ( Birdlife International, 5 September 2025) <https://www.birdlife.org/news/2025/09/05/how-we-are-saving-africas-vultures/>accessed 20 August 2026

Sahara Reporters, ‘Nigeria Going Through Wildlife Crisis, Lost Over 70% Of Elephants, Pangolins To Illegal Trafficking, Poaching’ (Sahara Reporters, 15August 2026)  <https://saharareporters.com/2026/08/15/nigeria-going-through-wildlife-crisis-lost-over-70-elephants-pangolins-illegal> accessed 20 August 2026

Shehu Sadiq, ‘An Appraisal Of The Legal Framework For Biodiversity Protection In Nigeria’ (2026) 1(1) UDUS Law Journal161-178. <https://doi.org/10.61955/JHUMFI> accessed 22 August 2026

Yahaya Ganiyu, ‘An Appraisal Of Legal And Policy Framework On Biodiversity In Nigeria: Challenges And Way Forward’ (2024)  1(1) Lex Scriptio 67

Wild Africa, ‘World Wildlife Day: Partnerships key to protecting wildlife in Nigeria’ (Wildafrica.org, 3 March 2023) <https://wildafrica.org/partnerships-key-to-protecting-wildlife-in-nigeria/> accessed 20 August 2026

[1] Sahara Reporters, ‘Nigeria Going Through Wildlife Crisis, Lost Over 70% Of Elephants, Pangolins To Illegal Trafficking, Poaching’ (Sahara Reporters, 15 August 2026)  <https://saharareporters.com/2026/08/15/nigeria-going-through-wildlife-crisis-lost-over-70-elephants-pangolins-illegal> accessed 20 August 2026

[2] Vincent Otieno, ‘How We are Saving Africa’s Vultures’ ( Birdlife International, 5 September 2025) <https://www.birdlife.org/news/2025/09/05/how-we-are-saving-africas-vultures/>accessed 20 August 2026

[3] Yemi Olaoluwa, ‘5 Importance Of Wildlife’ (Animal News, 12 June 2026) <https://conservationsng.com/5-importance-of-wildlife/> accessed 20 August 2026

[4] Wild Africa, ‘World Wildlife Day: Partnerships key to protecting wildlife in Nigeria’ (Wildafrica.org, 3 March 2023) <https://wildafrica.org/partnerships-key-to-protecting-wildlife-in-nigeria/> accessed 20 August 2026

[5] O.M Atoyebi and P.E Igho,’Protecting Nigeria’s Wildlife’ (Omaplex, 12 August 2024)<https://omaplex.com.ng/protecting-nigerias-wildlife/> accessed 21 August 2026

[6] The Endangered Species (Control of International Trade and Traffic) Act, Cap. E9,LFN 2004.

[7] Constitution of the Federal Republic of Nigeria 1999, s20

[8] National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020, Reg.10

[9] National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020, Reg.10

[10] National Environmental Standards and Regulations Enforcement Agency Act 2007, s2

[11] National Environmental Standards and Regulations Enforcement Agency Act 2007,s7

[12] Ganiyu Yahaya, ‘An Appraisal Of Legal And Policy Framework On Biodiversity In Nigeria: Challenges And Way Forward’ (2024)  1(1) Lex Scriptio 67

[13] The Endangered Species (Control of International Trade and Traffic) Act 1985, s1(1)

[14]  The Endangered Species (Control of International Trade and Traffic) Act 1985,s1(2)

[15] National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020, Reg 2(1)

[16]  National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020, Reg 3(2)

[17]  National Park Service Act Act 46 (Cap 65 LFN 2004) s6

[18] In the   The Endangered Species (Control of International Trade and Traffic) Act 1985,  Animals listed in the First Schedule amongst others are Chimpanzees,Colobus Monkeys,Whales, Dolphins, Porpoise etc.Animals in the Second Schedule include Mongoose,Jackals,Ostrich etc.

[19]   The Endangered Species (Control of International Trade and Traffic) Act 1985,s1(2)

[20]  National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020, Reg.3&4

[21]  National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020, Reg.4(1)

[22] National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020, Reg.4(3)(a)(b)

[23]  National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020, Reg.4(3)(c)

[24]  National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020, Reg.4(3)(e) (f)

[25]  National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020, Reg.4(4)

[26]    Endangered Species (Control of International Trade and Traffic) Act 1985,s3

[27]  National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020, Reg.7

[28]   Endangered Species (Control of International Trade and Traffic) Act 1985,s5

[29] Oyindamola Giwa, ‘Enforcement Of Illegal Wildlife Trade In Africa: Challenges And Solutions (Nigeria As A Case Study)’  (2024) <http://dx.doi.org/10.2139/ssrn.5011729> accessed 21 August 2026

[30]  National Environmental (Protection of Endangered Species in Domestic and International Trade) Regulations, 2020, Reg.8

[31] Kelvin Ngongolo and Moses Kyando, ‘Biodiversity conservation and socio-economic development for Africa’s harmonious future: A Scoping Review’ (2025) 2(11) BMC Environmental Science 10 <https://doi.org/10.1186/s44329-025-00021-x>accessed 22 August 2026

[32] Oyindamola Giwa, ‘Enforcement Of Illegal Wildlife Trade In Africa: Challenges And Solutions (Nigeria As A Case Study)’  (2024) <http://dx.doi.org/10.2139/ssrn.5011729> accessed 21 August 2026

[33] U.C. Agom, ‘Endangered Species Legislation In Nigeria: Analysis Of Domestic Legal Instrument’ (2025) 8(2)  African Journal of Law, Political Research and Administration 32 <https://doi.org/10.52589/AJLPRA-95CX3ZVR> accessed 21 August 2026

[34] Sadiq Shehu, ‘An Appraisal Of The Legal Framework For Biodiversity Protection In Nigeria’ (2026) 1(1) UDUS Law Journal161-178. <https://doi.org/10.61955/JHUMFI> accessed 22 August 2026

[35] Oyindamola Giwa, ‘Enforcement Of Illegal Wildlife Trade In Africa: Challenges And Solutions (Nigeria As A Case Study)’  (2024) <http://dx.doi.org/10.2139/ssrn.5011729> accessed 21 August 2026

[36] U.C. Agom, ‘Endangered Species Legislation In Nigeria: Analysis Of Domestic Legal Instrument’ (2025) 8(2)  African Journal of Law, Political Research and Administration 32 <https://doi.org/10.52589/AJLPRA-95CX3ZVR> accessed 21 August 2026

[37] O.M Atoyebi and P.E Igho,’Protecting Nigeria’s Wildlife’ (Omaplex, 12 August 2024)<https://omaplex.com.ng/protecting-nigerias-wildlife/> accessed 21 August 2026

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