AN EXAMINATION OF THE LIMITS OF REGULATION IN THE IMPLEMENTATION OF ENVIRONMENTAL LITIGATION IN NIGERIA

ABSTRACT

This research work examines the limits of regulation in the implementation of environmental litigation in Nigeria. Environmental Justice is the fair treatment and meaningful involvement of all people regardless of race, colour, sex, national origin or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies. environmental Justice emerged as a concept in the United States in the early 1980s; its proponents generally view the environment as encompassing and seek to redress inequitable distributions of environmental burdens. The aim of the study is to analyse the impact of the gaps or the regulatory on the attainment of environmental justice in Nigeria. The study finds that Nigeria’s fossil dependents has compromise host community biodiversity and rendered them susceptible to acid rain, environmental displacement. The study further finds that regulatory interventions have been ineffective due to corruption of regulatory officials and poor human and infrastructural development. The study concludes that reduction of Nigeria fossil dependence and prioritization of environmental concerns will improve environmental security in Nigeria, and recommends that section 6 (6)(c)of the 1999 Constitution of the Federal Republic of Nigeria (as amended) should be repealed, so as to make environmental right as provided by Section 20 of the Constitution enforceable by individuals in court. This would compel the government to be more responsible for the environment.