ENVIRONMENTAL RIGHTS LITIGATION 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