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ABSTRACT
The Nigeria 1999 Constitution as Amended includes in Chapter Two titled, “ Fundamental Objectives and Directives Principles of State Policy” the protection of the environment. This Section, Section 20 of the Constitution of the Federal Republic of Nigeria 1999 as amended is enshrined with the duty for the state to protect the environment, placing it as the sole responsibility of each state to protect the environment, unfortunately, these same provisions are made unjustifiable by other provisions in this same Constitution, which oust the jurisdiction of the court to entertain any enforcement matter relating to the provision of Section 20 of the Constitution of the Federal Republic of Nigeria, in short, the Constitution ouster the enforceability of the provisions of Chapter Two of the Constitution in general, making it impossible for any suit for the enforcement of any matter relating to Chapter Two in court. The effect of the ouster provisions have overtime posed the question which is begging for answer, on how best in Nigeria environmental rights could be constitutionally derived and protected?.
