Advancing Environmental Pollution Incidents as a Matter of Breach of Fundamental Human rights in Nigeria

Description

ABSTRACT

Advancing Environmental Pollution Incidents as a Matter of Breach of Fundamental Human Rights in Nigeria

Nitoni George Lawson*

This research focuses on creating awareness of using fundamental rights as a tool for environmental protection. A pertinent question that is answered is: why should fundamental rights enforcement be treated as an issue relating to environmental protection? In the context of this paper, it is submitted that incorporating fundamental rights into principles of environmental protection would secure higher standards of environmental quality due to the requirement of states to provide a suitable environment for citizens, thereby securing the rights to health, life and peaceful enjoyment of private and family life. The current paper retains a comparative methodology approach; this is predicated on the fact that there is limited case law in Nigeria to support an argument for breach of fundamental rights in incidents of environmental pollution; hence, reference is made to similar trends in English law, regional jurisdictions, particularly in the African Commission on Human and Peoples Rights’ decisions, and case law from the Community Court of Justice, ECOWAS. It is shown through extensive research that the right to life, the dignity of the human person and the right to private and family life can be interpreted to include environmental rights. In essence, the Courts, through case law, are open towards advancing environmental pollution incidents as a breach of fundamental rights.

Keywords: Environmental Pollution, Fundamental Human Rights, Breach of.

INTRODUCTION
Transnational corporations (Oil TNCs) operating in the Niger Delta region of Nigeria have been described as ‘bad parasites’ in that they carry on business in the area below internationally allowed recognised environmental standards,₁ and this has incredibly affected the enjoyment of a peaceful and pollution-free environment. Given this, Atsegbua observed that ‘the denial of the existence of environmental rights is primarily responsible for the underdevelopment of the Niger Delta area.’₂ This explains the rationale for advancing fundamental rights enforcement to a safer environment in Nigeria, as examined in this paper.

Indeed, approaching the courts via fundamental rights enforcement proceedings in events of environmental pollution would facilitate a speedy dispensation of justice due to the urgent nature for disposing such matters and the legal importance attached to such rights as emphasised in the Fundamental Rights (Enforcement Procedure) Rules, 2009₃ (Hereinafter ‘FREP Rules’).

*PhD, LL.M, LL.B, BL. Lecturer, Faculty of Law, Niger Delta University, Bayelsa State. 

1. Lawrence Atsegbua, ‘Environmental rights, Pipeline vandalisation and Conflict resolution in Nigeria’ (2001) IELTR 5 89.
2. Lawrence Atsegbua (n 1) 90.
3. See FREP Rules 2009, ord IV, r 2.

THE GRAVITAS REVIEW OF BUSINESS & PROPERTY LAW Vol.14 No.1