Legal Framework for the Development of Nuclear Energy in Nigeria: Challenges and Prospects

Abstract

This study critically examined the legal framework for the development of nuclear energy in Nigeria. It analyzed the concept and historical development of nuclear energy, highlighted the benefits and disadvantages inherent in the development of nuclear capacity and the utilization of nuclear resource, it examined the notion of nuclear law, its historical development, and basic principles and objectives of nuclear law. It also examined the legal and regulatory framework, international, regional and national, for the development of nuclear energy in Nigeria, and the state of nuclear law and regulations in other jurisdictions, and identified the many-faced challenges faced by Nigeria on the road to the development of nuclear capacity, and the prospects of developing nuclear energy capacity. This study relied on both primary and secondary sources of information. The primary sources included international conventions, standards and regulations, as well as local enactments and regulations. The secondary sources included books, journal articles, reports, conference and seminar papers and other publications of notable authors, scholars and writers. Information obtained from these sources were subjected to critical analysis. This study found that greatest benefit of nuclear energy utilization, in Nigeria and anywhere else, is to be found and derived in the peaceful uses of nuclear energy, rather than the more notorious militaristic purposes. This study also emphasized that nuclear energy can be used for electricity generation, agricultural development and can also aid medical improvement. Again, nuclear energy utilization is more environmentally friendly, and for future purposes, more economically viable. Even with potentials, nuclear energy poses certain risks which are avoidable and can be properly managed. The management of these risks must be within an effective and functional legal and regulatory framework to avoid conceivable difficulties. Regulatory bodies, therefore, have a huge role to play in the area of the development of nuclear law both at the international and municipal level. They formulate policies, regulations and guidelines for the safe and secure utilization of nuclear resources and technology. The study found again that Nigeria increasingly has expressed interest in developing nuclear capacity, albeit, only for civil purposes, and not for generating nuclear weapons. Though Nigeria presently does not have any nuclear facility or power plant, it is a member of the International Atomic Energy Agency (IAEA) which is the primary international nuclear energy regulatory body. Nigeria has also developed an international standard legal regime on nuclear energy development, she has also entered into partnerships with several nations and institutions to help her develop local nuclear capacity contributing to Nigeria’s socio-economic development. This study concluded that to fully develop and utilize nuclear capability in Nigeria, there must be continuous compliance with and development of international and domestic safeguards. It is, thus, hoped that this study will be of valuable contribution to the existing corpus of legal knowledge.