ADDRESSING THE CHALLENGES IN THE ENFORCEMENT OF ENVIRONMENTAL RIGHTS IN NIGERIA

Abstract

The environment is increasingly devastated by both anthropogenic and natural factors to the extent that man no longer feels safe, as his health and general well-being are under unspeakable threats. The right to a clean environment is therefore a fundamental right since a clean and hazard-free environment determines man’s existence to live freely and enjoy other rights. The study examined the challenges in enforcing environmental rights in Nigeria, particularly within the context of contemporary legal challenges such as climate change, environmental degradation, and the growing demand for corporate and government accountability. The study also analysed both international and Nigerian legal framework.. The study utilised a doctrinal research methodology by consulting primary sources of law such as the Constitution of the Federal Republic of Nigeria 1999(as amended), the National Environmental Standard and Regulations Enforcement Agency Act, and secondary data garnered from journal articles, books, and newspapers which were subject to content analysis. The study revealed that although Section 20 of the Constitution is generally regarded as non-justiciable, environmental rights have gained recognition through statutory frameworks particularly the African Charter on Human and People’s Rights (Ratification and Enforcement) Act as well as judicial interpretation. Nevertheless, Significant institutional, procedural and regulatory challenges continue to impede the effective enforcement of environmental rights in Nigeria.  The study further argues that while existing legal  frameworks provide avenues for the enforcement of environmental rights, strengthening institutional mechanisms, judicial enforcement and regulatory compliance remains essential to achieving effective environmental protection in Nigeria. Additionally the study observed that environmental litigation remains an important mechanism for promoting environmental justice in Nigeria.   The study recommended among other things, that there should be the establishment of specialized environmental divisions within the courts to facilitate the effective determination of environmental disputes.