The aim of this paper is to present the existing legal regime for the management of groundwater in Nigeria with possible recommendations to achieve its sustainable development. Nigeria is located in West Africa, and is the most populous African country with an estimated population of about 150 million. Groundwater plays a crucial role as a source of freshwater. Its share in meeting domestic need is around 90 per cent. However, lack of a functional regime for the management of groundwater resources has led to indiscriminate exploitation and serious pollution. The importance of groundwater management does not seem to be attracting the attention it deserves. In 1993, the Federal Military Government promulgated Water Resource Decree of 1993 (Decree 101). Unfortunately this law does not adequately address the regulation of groundwater in Nigeria. The Decree vests in the Federal Government the rights to use and control all surface and groundwater and all waters in any watercourse affecting more than one Nigerian state. It maintains the customary rights in the individual person subject to control of a Secretary to be appointed by the Federal Government. Aside from inadequate regulation, there is no solid legal infrastructure in place for the management of this resource. This paper will present the national regulations concerning groundwater in Nigeria and analyze the limitations and inadequacies of the legal regime. The first part will discuss the specific characteristics of groundwater in Nigeria. The second part will present an overview of the current legal regime and its shortcomings. The third part will discuss some emerging legal regimes. Finally, the paper will recommend ways of improving the legal regime.
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