ABSTRACT
The hallmark of environmental right is in its distinctiveness to the environment as well as to man. Environmental right gives man the right to have a clean, safe and decent environment which is enforceable when violated. Through it, man can exercise the right to conserve his environment and not negatively affected by human activities on the environment. It also helps to ensure that the environment is maintained at a certain level for human use and enjoyment.
Man is dependent on the environment to survive and everything used by man is from the environment. However, the increasing activities of man in the environment has posed danger to man directly and indirectly. Such activities include pollution of land and underground water systems through indiscriminate disposal of waste, oil pollution particularly in the Niger Delta area of Nigeria, destruction of valuable agricultural land through bad mining practices among other things.
International and Regional bodies have recognized environmental right such as in Rio Declaration of 1992 and African Charter of Human and Peoples Right of 1981 respectively. Also, Nigeria and many other countries recognize environmental right. However, the non-justiciability of environmental right in the Constitution of the Federal Republic of Nigeria 1999 (as amended) has made environmental right in Nigeria become legal mirage.
This project examines the inadequacies of the protection of environmental right in Nigeria by establishing the importance of environmental right, challenges, how environmental right can be enforced in Nigeria and the recommendations on how environmental right can be better guaranteed in Nigeria.
