Keywords
Nigeria
Human rights
How to Cite
Abstract
The environment is increasing emerging as a critical component of the socio-economic development of average Nigerians as it has not only been valuable to traditional societies for their nutritional and health needs, but also, crucial to the realization of fundamental rights. This is more pertinent as it relates to the inhabitants of the Niger Delta region of Nigeria where the activities of oil multinational companies has made the region to be synonymous with oil pollution, devastated environment and human right abuses. Unsurprisingly, Nigerian courts are increasingly being called upon to adjudicate on issues relating to pollution and other environmental abuses by both private and public persons within the oil sector. Most times, environmental disputes are brought to the court in Nigeria as tortuous cases seeking compensation for damages. Remedies can also be sought under statutory laws or as writ petitions under the fundamental human right enforcement procedure rules. The latter implicates the provision of a human right to healthy environment under statutory laws, and whether such right is recognised as binding by the courts in Nigeria. This paper explores how environmentalism can be triggered in Nigeria through the judicial recognition of the right to a satisfactory environment. It recognises that there are some efforts towards such judicial recognition of the right. However, it argues that to promote environmentalism in Nigeria, there is a need to deepen judicial recognition of the right by detailed pronouncements on the justiciability of the right.
References
Statutes
African Charter on Human and Peoples Rights (Ratification) Cap. A9, Laws of the Federation of Nigeria, 2004
Constitution of the Federal Republic of Nigeria, 1999
Fundamental Rights (Enforcement Procedure) Rules, 2009
Cases
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Centre for Oil Pollution Watch v Nigerian National Petroleum Corporation (2019) 15 NWLR (pt 1666) 518.
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Fadeyeva v. Russia, European Court of Human Rights, Judgement of 9 June 2005, Application no. 55723/00 (Chamber)
Jonah Gbemre v. SPDC Shell Petroleum Development Company Nig. Ltd. and 2 Ors (2005) AHRLR 151 (NgHC 2005)
Moreno Gomez v. Spain, European Court of Human Rights, Judgement of 16 November 2004, 2004 ECHR 633
Guerra and others v. Italy, European Court of Human Rights, Judgement of 19 February 1998, 1998 ECHR 7
Hatton and others v. the United Kingdom, Judgement of 8 July 2003, 2003 ECHR 338 (Grand Chamber)
Judgement Concerning the Gabcikovo-Nagymaros Project, International Court of Justice, 25 September 1997, (1998) 37 ILM 162
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Lopez-Ostra v. Spain, 1994 ECHR, series A, No. 303C
Mohd Nanif Qureshi v State of Bihar (1958) AIR (SC) 731
Ogugu v the State (1994) 9 NWLR (Part 366) 1
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