Introduction: A Sobering Reflection for Nigeria
As the global community commemorates World Environment Day on June 5, it is a moment of profound reflection for Nigeria especially for the oil-rich but environmentally devastated Niger Delta. The region continues to suffer from oil spills, gas flaring, deforestation, and ecological degradation. These crises persist despite a host of laws and regulatory institutions ostensibly designed to prevent them. The harsh reality is that environmental harms in Nigeria remain largely unpunished, with affected communities left without remedy or justice.
At the heart of the problem lies a structural legal flaw: the constitutional right to environmental protection, articulated in Section 20 of the 1999 Constitution, is placed within Chapter II, which contains non-justiciable provisions. Consequently, citizens cannot enforce this right in a court of law.
Although laws like the Petroleum Industry Act (PIA), Oil Pipelines Act (OPA), and agencies such as NESREA exist, their impact has been negligible due to weak enforcement and regulatory inertia.
Judicial Attempts to Bridge the Gap
Despite these limitations, Nigerian courts have made efforts to broaden the constitutional lens. In the landmark case of Centre for Oil Pollution Watch v. Mobil Producing Nigeria (2019) 5 NWLR (Pt. 1666) 518, the Supreme Court linked the right to life (Section 33) and right to dignity (Section 34) to environmental protection. Courts have also interpreted the right to property (Section 43) in environmental damage cases.
However, inconsistencies abound. For example, the Court of Appeal decision in Opara v. Shell Petroleum Development Company (2015) 14 NWLR (Pt. 1479) 307 cast doubt on whether environmental degradation can trigger constitutional claims. This jurisprudential uncertainty undermines predictability and weakens public confidence in the judicial system's ability to uphold environmental rights.
Global Evolution: From Stockholm to the SDGs
Globally, the recognition of environmental rights has gained steady momentum since the 1972 Stockholm Conference, which was the first major international forum to acknowledge the link between the environment and human well-being. The Conference led to the creation of the United Nations Environment Programme (UNEP) and influenced a wave of treaties and frameworks.
This momentum intensified with the 1992 Rio Earth Summit, which birthed the Rio Declaration, Agenda 21, the Convention on Biological Diversity, and the UN Framework Convention on Climate Change (UNFCCC) all of which connected environmental protection to sustainable human development.
The 2015 adoption of the Sustainable Development Goals (SDGs) further cemented this integration. Goals such as SDG 13 (Climate Action) and SDG 7 (Clean and Affordable Energy) embed environmental rights within a human rights-based development framework.
In a major step forward, the UN Human Rights Council in 2021 recognised the right to a clean, healthy, and sustainable environment. This was affirmed in 2022 by the UN General Assembly, making it a universal human right and urging all member states, including Nigeria, to adopt measures to protect it.
Also read: Refining Nigeria's Oil Sector: Legal Reforms and the Path to Increased Domestic Production
Nigeria's Legal Paradox: Commitments Without Enforcement
Despite endorsing international instruments and signing on to numerous environmental treaties, Nigeria's domestic legal framework treats environmental rights as aspirational, not enforceable.
Section 20 of the Constitution is effectively neutralised by Section 6(6)(c), which declares that the courts cannot adjudicate matters in Chapter II. This means that even in the face of oil spills, toxic pollution, and destroyed livelihoods, citizens cannot seek enforcement through the courts.
Additionally, Article 24 of the African Charter on Human and Peoples' Rights, which Nigeria has domesticated, provides for the right to a "general satisfactory environment." However, despite the Supreme Court's holding that the African Charter is directly enforceable, direct enforceability of section 24 remains a doubt in the light of a seeming conflict with section 20 in Chapter II of the Constitution.
A Path Forward: Constitutional and Judicial Reform
For Nigeria to deliver real environmental justice, the Constitution must be amended in the following key areas:
- Elevate environmental rights to Chapter IV, where fundamental human rights are enforceable. This move would transform environmental protection from a policy aspiration into a justiciable right.
- Review Section 12 to allow for the automatic application of ratified international treaties, particularly those related to human rights and the environment, such as the African Charter and the Paris Agreement.
- Strengthen enforcement mechanisms by empowering regulatory bodies and promoting public participation in environmental governance.
- Promote purposive judicial interpretation of existing constitutional rights (life, dignity, and property) to encompass environmental rights. Courts must reject narrow readings of the Fundamental Rights (Enforcement Procedure) Rules and accept that environmental degradation is intrinsically linked to the violation of other human rights.
Corporate Accountability: Beyond Technical Defences
There must also be a paradigm shift in corporate liability. Oil and gas companies must be held strictly and absolutely liable for pollution and environmental damage. Defences claiming sabotage by "third parties" should not absolve operators, who have the resources and technology to prevent or mitigate such incidents.
Allowing companies to escape liability through such defences shifts the burden of proof onto affected, often impoverished, communities and creates dangerous loopholes. A rights-based approach, rooted in equity and public interest, is essential.
Conclusion: The Time for Action Is Now
Environmental protection is not optional, it is a matter of justice and survival. Nigeria must take bold steps to align its domestic laws with its international commitments. By constitutionalising environmental rights and ensuring robust enforcement mechanisms, the country can reverse decades of ecological harm and reclaim its natural heritage.
On this World Environment Day, let us commit to making the right to a clean and healthy environment not just a slogan, but a lived reality for all Nigerians.
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