PROSECUTING ENVIRONMENTAL POLLUTION CASES IN NIGERIA: THE HEAD OF A CARMEL PASSING THROUGH THE EYE OF A NEEDLE

Abstract

Environmental cases still do not fall under any special head of claim or under any special procedure in Nigeria in spite of the significance of the apprehensions which violations of environmental laws cause. The common law tort of negligence, nuisance and Ryland v Fletcher(1868) LR 3 HL 330 still hold sway in proving environmental cases in Nigeria. These traditional common law principles together with the absence of express right to clean environment in the Constitution of Nigeria and the challenges of jurisdiction in environmental cases have made environmental litigation a difficult task for claimants most of whom are poor rural dwellers desiring to stop polluters from polluting their God-given environment. The focus of the article is on the procedure for prosecuting environmental claim in Nigeria and the need for a reform in an effort to advance the right to clean, healthy and sustainable environment. The article suggests a reform of the rules of procedure to reflect a relaxation on some of the time-honoured common law principles in environmental cases so as to allow the law on environmental right’s claim inNigeria develop. The article suggests changes in the state of the laws which will directly includethe right to clean environment in the list of those rights which can be enforced under the Fundamental Rights (Enforcement Procedure) Rules in Nigeria.