THE RIGHT TO A CLEAN ENVIRONMENT: JUSTICIABILITY AND ENFORCEABILITY

ABSTRACT

This study analyzes the standard of observation of environmental rights in Nigeria, and challenges of enforceability in order to develop an improved legal framework for applicability of environmental rights in Nigeria. The importance of a legal system lies not only in ensuring civil liberties but in addition creating a viable environment where economic development and social equity can be enjoyed. Thus, the linkage between environmental law and human rights cannot be over- emphasized. This study finds that a basic problem of environmental law and human rights in Nigeria is that most of the municipal environmental legislation and instruments are inadequate and not substantial, and therefore lack room for concrete enforcement. The study observes that the problem of enforcement of environmental law and human rights, is a result of the lack of knowledge of environmental human rights among our lawyers and judges. This study identifies some factors which impede the enforcement of environmental rights in Nigeria. It therefore recommends that since judicial activism in environmental matters is needed to curb the administrative and legislative weaknesses and inadequacies because of grave consequences of environmental problems, the judiciary should live up to expectations. Also new laws should be put in force immediately so as to promote the issues of private prosecutor and compensation in criminal matters especially in the area of environmental law.