LITIGATION

The escalating impacts of climate change in Nigeria, including oil pollution, deforestation, and flooding, necessitate robust legal mechanisms to ensure environmental accountability. This study evaluates climate change litigation and environmental accountability in Nigeria, focusing on the efficacy of judicial and regulatory frameworks in addressing environmental degradation. Through a doctrinal methodology, the study analyzes constitutional provisions, statutes like the Environmental Impact Assessment Act 1992, and landmark cases such as Gbemre v Shell Petroleum Development Company (2005). It examines challenges in litigation, including locus standi, judicial capacity, and enforcement gaps, alongside the roles of regulatory bodies like NESREA and civil society in promoting accountability. Findings reveal that while Nigeria’s legal framework provides a foundation for climate litigation, inconsistent enforcement, limited judicial expertise, and corporate non- compliance hinder effectiveness. The study recommends legislative reforms to strengthen
environmental rights, enhanced judicial training, and greater public participation to bolster accountability. By addressing these gaps, Nigeria can align with international obligations under the Paris Agreement and African Charter on Human and Peoples’ Rights 1981, fostering sustainable environmental governance. This research underscores the urgent need
for a proactive judiciary and robust regulatory mechanisms to mitigate climate change impacts and ensure corporate and governmental accountability in Nigeria’s environmental landscape.

Environmental pollution is a global concern, with Nigeria being one of the highest emitters of greenhouse gases due to its crude oil production. Environmental degradation has led to adverse socio-economic impacts, including population displacement, reduced agricultural productivity, and health hazards. While several regulatory frameworks exist to combat environmental pollution, including the Constitution of the Federal Republic of Nigeria, the Environmental Impact Assessment Act, and the Climate Change Act, they are hindered by fragmented enforcement mechanisms. A significant barrier to environmental rights enforcement in Nigeria is the constitutional limitation under Section 6(6)(c) of the 1999 Constitution, which renders environmental rights non-justiciable. This limitation prevents individuals and communities from seeking legal redress for environmental harm. However, proponents argue that environmental rights remain enforceable under the African Charter on Human and Peoples’ Rights, as recognized in cases such as Fawehinmi v Abacha and Gbemre v SPDC. This study examines the challenges posed by locus standi in environmental litigation, which restricts access to justice for affected individuals and communities. It explores the need for a broader interpretation of standing, as adopted in other jurisdictions, to enhance environmental accountability. The research findings reveal that Nigeria’s environmental regulatory framework, though robust in scope, suffers from weak implementation and judicial conservatism. The study advocates for constitutional amendments to recognize environmental rights as justiciable, alongside procedural reforms to ease access to courts. Strengthening judicial interpretation, promoting public interest litigation, and aligning national laws with international environmental treaties are recommended. Ultimately, this research underscores the necessity of a legal framework that ensures environmental justice, safeguards human rights, and fosters sustainable development in Nigeria.

Environmental pollution is a global concern, with Nigeria being one of the highest emitters of greenhouse gases due to its crude oil production. Environmental degradation has led to adverse socio-economic impacts, including population displacement, reduced agricultural productivity, and health hazards. While several regulatory frameworks exist to combat environmental pollution, including the Constitution of the Federal Republic of Nigeria, the Environmental Impact Assessment Act, and the Climate Change Act, they are hindered by fragmented enforcement mechanisms. A significant barrier to environmental rights enforcement in Nigeria is the constitutional limitation under Section 6(6)(c) of the 1999 Constitution, which renders environmental rights non-justiciable. This limitation prevents individuals and communities from seeking legal redress for environmental harm. However, proponents argue that environmental rights remain enforceable under the African Charter on Human and Peoples’ Rights, as recognized in cases such as Fawehinmi v Abacha and Gbemre v SPDC. This study examines the challenges posed by locus standi in environmental litigation, which restricts access to justice for affected individuals and communities. It explores the need for a broader interpretation of standing, as adopted in other jurisdictions, to enhance environmental accountability. The research findings reveal that Nigeria’s environmental regulatory framework, though robust in scope, suffers from weak implementation and judicial conservatism. The study advocates for constitutional amendments to recognize environmental rights as justiciable, alongside procedural reforms to ease access to courts. Strengthening judicial interpretation, promoting public interest litigation, and aligning national laws with international environmental treaties are recommended. Ultimately, this research underscores the necessity of a legal framework that ensures environmental justice, safeguards human rights, and fosters sustainable development in Nigeria.