implementation

TOWARDS A COHERENT IMPLEMENTATION OF SAFE BUILDING LAWS AND REGULATIONS IN CAMEROON: LAW, GOVERNANCE AND INSTITUTIONAL IMPERATIVES

Claude Bernard Tene*, Siddig Omer**, and Blaise Mempouo***

ABSTRACT

Over the last decade, a sustained pattern of building collapse and fire outbreaks has been observed in various West African countries such as Cameroon, Nigeria and Ghana. This has become a matter of serious concern among building practitioners and the public authorities in these countries given the extensive loss of housing investment and human lives. The main reasons for the increased collapse of buildings include poor inspection and monitoring, structural defects, defective design/structure, illegal conversion and alterations and, most importantly, non-adherence to existing building regulations and laws. This article examines the scope of implementation and enforcement of safe building legislation and regulations in Cameroon. It identifies the existing national building regulations and the factors that limit their implementation. The article uses various data collected through questionnaires and interviews to support the finding that although there are extensive norms and regulations dealing with planning matters, there is a lack of technical building regulations and control in the country and that the existing regulations are not effectively implemented. Generic suggestions are made for a coherent implementation of current laws and regulation for safety in the construction industry.

Keywords: Building Policy, Building Regulations, Implementation, Safety, Africa

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.5

THE LEGAL STATUS OF SUSTAINABLE DEVELOPMENT IN THE NIGERIAN ENVIRONMENTAL LAW

Emmanuel E. Okon*

ABSTRACT

Sustainable development underpins environmental governance in all jurisdictions, but its legal status is still controversial. The major problem which Nigerian courts and policy-makers will continue to face when implementing and enforcing sustainable development in environmental governance is whether it is a moral or legal concept and, if it is the latter, whether it has metamorphosed into a legal principle or the rule of law having a normative value. This article argues that the legal status of sustainable development in Nigeria depends on which legal instrument it is incorporated and whether it is expressed in a general or specific mandatory language. Also, its legal status depends on the pronouncements of Nigerian courts on it. Methodologically, the qualitative content analysis is used to ascertain the legal status of sustainable development in the statutes and case law examined. In order to enhance the implementation and enforcement of sustainable development in the Nigerian environmental law, the conclusion of this article adopted as recommendations the latter part of its argument that sustainable development should be made an essential part of the right to life, the relevant constitutional provisions on the environmental should be amended to reflect it and, in addition, section 20 of the Constitution of the Federal Republic of Nigeria 1999 should be transferred to Chapter IV of the Constitution, which deals with fundamental human rights.

Keywords: Sustainable development, legal status, implementation, enforcement and qualitative content analysis.

DOI: http://dx.doi.org/10.4314/jsdlp.v7i2.6


* LL.B (UniUyo); LL.M, MBA (Ife); MILR (Ibadan); PhD (Wales); BL; Senior

Research Fellow and Head, International Law Department, Nigerian Institute of Advanced Legal Studies, University of Lagos Campus, Akoka, Yaba, Lagos, Nigeria. emmyokon@yahoo.com.