AN APPRAISAL OF THE LEGAL FRAMEWORK ON CONSERVATION AND MANAGEMENT OF BIODIVERSITY RESOURCES IN NIGERIA

CHAPTER ONE

GENERAL INTRODUCTION

• Study

Conservation and management of biodiversity resources in Nigeria has a relatively short history. The history of conservation and management of biodiversity resources in Nigeria began with the creation of the first forest reserve in Nigeria (Olakemeji Reserve) established near Ibadan around 1900¹. This was followed by  the establishment of other forest reserves, in various parts of what forms the present day Nigeria. In these reserves, lumbering activities where made illegal. By 1908, a Forest Ordinance, promulgated by the colonial government gave protection to all commercial timber outside the reserves. Felling of timber therefore required government permit. In 1917, the first definitive government policy on forestry came into existence. In that year, the then Governor General,  Lord Lugard, stated that  each province of the country must reserve a minimum of 25% of its forests². To combat the problem of bush burning, a forest ordinance was enacted in 1937, which made it illegal to set fire to reserves. This was followed by the Bush Burning Order of 1940, introduced to control bush burning outside the reserves. On the other hand, protection of wildlife began in 1916, with the Wild Animal Preservation Act in eastern Nigeria⁴. Similar laws were enacted in western Nigerian in 1928 Game laws however, only emerged in northern Nigeria after independence. The British Colonial Government could also be credited for spearheading the establishment of the game reserves in Nigeria. As far back  as  1932, Col. A. H. Haywood, recommended the creation of game reserves in the savannah region of the country, with particular reference to Borgu/Oyo and some other areas. He further suggested the establishment of game department for proper wildlife management, enforcement of wildlife and protection of endangered species⁵.

The first game reserve (Yankari) was demarcated and constituted into a game reserve in 1956, though it was opened to the public in 1962. The Wild Animal Act  of 1963 gave protection to all animals within areas designated as game reserves. Poaching and other illegal activities in the reserves were to be combated by game guards who were empowered under the law to arrest offenders for prosecution⁶. Nigeria biodiversity conservation legal regime has developed significantly from humble beginning. Having been initiated in the colonial period during which environmental issues where generally couched within public health regulation⁷, and having developed in a rather adhoc manner in the early days of independence. Until recently, few people outside biological circles know the word biodiversity. Now it crops up in almost all discussion about conservation and sustainable development. The concept biological diversity is the term given to the variety of life on earth and the natural patterns it forms. Biodiversity which is the short form of biological diversity is defined in Article 2 of the Convention on Biological Diversity 1992 as:

The variability among living organism from all sources including inter alia, terrestrial, marine and other aquatic ecosystem and the ecological complexes of which they are part, that includes diversity within species, between species and ecosystem⁸.

Okiwelu and Anyewu ,defined biological biodiversity as:

The variation among living organism which encompasses species diversity (the number of different species) genetic diversity (genetic variety of interaction among living thing in natural communities)⁹.