THE CHALLENGES OF ENFORCING ENVIRONMENTAL ACTION IN NIGERIA

ABSTRACT

Environmental Rights have been classified as part of the fourth generations of Human Rights. These are the ‘new” rights that have come into existence. The problem that this research will identify is that of the enforceability of Environmental Rights in Nigeria with reference to Chapter 2 of the 1999 Constitution of the Federal Republic of Nigeria. Human Rights and the Environment are intertwined; Human Rights cannot be enjoyed without a safe, clean and healthy environment; and Sustainable environmental governance cannot exist without the establishment of and respect for Human Rights. This relationship is increasingly recognized as the right to healthy environment is enshrined in over a Hundred Constitutions worldwide. The right to a clean, healthy and sustainable environment is generally understood to include the right to clean air; a safe and stable climate; access to safe water and adequate sanitation; healthy and sustainably produced food; non-toxic environments in which to live, work, study and play; and healthy biodiversity and ecosystems. In Nigeria, the National Environmental Standards and Regulations Enforcement Agency Act (NESREA) provides for Environmental Laws and Regulations. As regards the right to bring an action to court, the main issue in contention is that Locus Standi (legal standing in court). What do we mean when we say Locus Standi? It simply deals with the rights of a party to sue. It must be noted that standing to sue is related to a cause of action. See generally the case of Senator Adesanya v. President of the Federal Republic of Nigeria for the Supreme Court’s decision on Locus Standi (Locus classicos case). Locus Standi has been generally identified as one of the fundamental procedural impediments to access justice in environment and climate change litigations. The effect of this procedural setback in most cases is the premature dismissal of significant suits, with various examples even here in Nigeria. In the renowned case of Shell Petroleum Development Company v. Chief Gbemre & Ors, the case as brought by Chief Gbemre and other members of the Itsekiri community in Delta State against the SPDC, alleging that the company’s oil exploration activities had caused Environmental damage and violated their human rights. However, the court held that the Plaintiffs lacked adequate Locus Standi because they could not show that they had suffered any special damage that was different from the damage suffered by the public. This decision effectively prevented the plaintiffs from pursuing their case in court. See also the case of Shell  Petroleum Development Company v. Abel Isaiah. The second ambit of our topic; Chapter II of the 1999 Constitution of the Federal Republic of Nigeria which is entrenched in Sections 13 - 21 provides for Fundamental Objectives and Directive Principles of State Policy which provides for socioeconomic rights. It should be noted that Chapter II of the Constitution is Not justiciable. What then is the reason for this and how is it related to the right to bring an environmental action to court? This research analyses thoroughly the various challenges of Environmental rights enforcment in Nigeria as it relates particularly to the issues of Locus Standi as a challenge and the non-justiciability of Chapter 2 of the 1999 Constitution.