Prosecuting Environmental Pollution Cases In Nigeria: The Head Of A Carmel Passing Through The Eye Of A Niddle

Abstract

Environmental cases still do not fall under any special head of claim or under any special procedure in Nigeria in spite of the seriousness of the concerns which violations of environmental laws cause. The common law tort of negligence, nuisance and Ryland v Fletcher still hold sway in proving environmental cases in Nigeria. These traditional common law principles coupled in the absence of explicit right to clean environment in the Constitution of Nigeria and the challenges of jurisdiction in environmental cases have made environmental litigation an uphill task for claimants most of whom are poor rural dwellers desiring to stop polluters from contaminating their God-given environment. This article focuses on the state of the law in Nigeria as regards the prosecution of environmental pollution cases and the need for a reform in an effort to advance the right to clean, healthy and sustainable environment.  The article suggests the possibility of reforming the laws to reflect a relaxation on some of the time-honoured common law principles in environmental litigation so as to allow the rules and procedure in environmental cases develop. The article further suggests changes in the state of the law which will directly include environmental right’s claim in the list of those rights which can be enforced under the Fundamental Rights (Enforcement Procedure) Rules in Nigeria.