Agu, Onyeabor, Nnaji and Eddie, ‘Changing the Narratives in Claims for Water Pollution Damage in Nigeria: From Use of Common Law Tort to Legislative Provisions’

ABSTRACT
Water is essential for every facet of human life, but it is scarce, unevenly distributed and once used it is returned to the aquatic environment as an effluent. A wide range of human activities have impacted the water body causing deleterious health problems, personal injury, death, creating economic losses, and damage to the environment. The study focused on water pollution incidents from various sources within the West African sub-region generally and Nigeria in particular. It adopted the doctrinal research design, with materials sourced from both primary and secondary sources. The main theme of this study is that those that caused the pollution damage should be made to pay for their actions. However, victims who resort to use of Common Torts such as nuisance, negligence, rules in Rylands v Fletcher and application of the riparian right doctrine for payment of compensation are faced with a number of obstacles in doing so. To overcome these obstacles the use of legislative provisions was canvased as alternate approach.

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Helen U Agu, Emmanuel U Onyeabor, Anthony C Nnaji and Sharon Julius Eddie, Changing the Narratives in Claims for Water Pollution Damage in Nigeria: From Use of Common Law Tort to Legislative Provisions, Environmental Claims Journal. Published online: 31 May 2025.

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