Legal Remedies for Victims of Environmental Pollution in Nigeria

Abstract

Introduction

Protection of the environment is a recent national and international concern. Until recently the word “development” was conceived narrowly as “what poor nations should do to become richer”; there was no room for consideration of environmental issues. Yet, the “environment” is where we all live and “development” is what we do in attempting to improve our lot within that abode.¹ The two are inseparable.²

Today there are numerous national laws³ and international laws⁴ designed for the protection of the environment. Some of these laws (we will be concerned here with only national laws) adopt criminal or civil approach or both.

In the criminal approach, a breach of the law carries criminal sanction with it in the nature of monetary fine and/or a term of imprisonment. In other words, if a person violates any of the provisions of the statute he opens up himself to a criminal charge.⁵ In this case, the idea is to inflict some bodily pain on polluters or cause them some monetary loss in the hope that members of society will thereby be induced to avoid the prohibited act or conduct. The problem with this approach is that in most cases the penalty is so ridiculously insignificant that it can make no impact whatever.⁶ To take one example. The Noise (Control) Edict 1985 of Rivers State, provides for a fine of fifty naira for the contravention of some of its provisions.⁷ In this situation it is hardly surprising that the law is honoured more in breach than in compliance.