ABSTRACT
One of the current debates in environmental law is the question of whether to treat environmental violations as human rights violations. These debates have been developed in a fragmented manner by different scholars, activists and practitioners in the field of environmental law. This paper analyses the regime for environmental protection in Nigeria. It examines the applicable common law remedies in torts applicable to litigants for the protection of their environmental rights as well as the human rights regime for the recognition and protection of social and economic rights on the environment. It considers the challenges under the regimes and detrimental effect, on the rights of litigants especially institutional and jurisdictional issues affecting the protection of environmental rights in Nigeria. This paper presents an overview of the legal regimes applicable to environmental pollution in Nigeria. It makes a case for substantive environmental rights in Nigeria. It argues that creating an environmental right and addressing the institutional and jurisdictional challenges militating against the access to court for the vindication of such rights could be an effective way to guarantee clean environment. It argues for the adoption of Public Interest Litigation and relaxation of right to standing could also be a good way to offer a more coordinated, detailed and well documented approach for dealing with the pollution and other environmental degradation cases in Nigeria. This paper also highlights the main issues that still need considerable thought if this recognition is to be achieved under the various regimes.
Obadina, Ibrahim, Beyond Torts to Environmental Right: A need for Institutional and Judicial Reforms for Environmental Protection in Nigeria (August 1, 2021). Journal of International Law and Jurisprudence 2021, University of Jos, Nigeria.
First posted 2022-03-25 09:30:03
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