UTILIZING LITIGATION AS A MECHANISM FOR ENVIRONMENTAL PROTECTION IN NIGERIA

Abstract

The need for humans to safeguard the environment cannot be over-emphasized. Humans must prioritize environmental preservation, to secure benefits for both present and future generations. One way to achieve this is by resorting to legal actions, such as filing lawsuits in court. Although both the Federal and State Governments of Nigeria have passed laws aimed at bolstering environmental protection and sustainable development, the relevant government agencies have faltered in effectively implementing and enforcing these laws. Consequently, the country has faced significant environmental challenges, such as flooding, oil spillage, etc. Thus, it is important to strengthen the rights of citizens to enforce environmental protection measures. This study aims to assess the role of the judiciary in promoting and defending Nigerians' right to a healthy environment as well as the effectiveness of environmental litigation as a tool for protection within the Nigerian Environmental landscape. In achieving this, the study employed a doctrinal research methodology, by consulting primary sources of law which include the Constitution of the Federal Republic of Nigeria 1999(as amended), NESREA Act, and secondary sources of law which include Journal Articles, textbooks, etc., and all were subject to content analysis. The study found that environmental litigation serves as an avenue by which environmental protection can be achieved. It provides the mechanism through which environmental laws can be enforced, empowering citizens with the ability to hold offenders accountable. This study concludes that by empowering citizens to safeguard their environment, Nigeria's vision for sustainable development through environmental protection can be guaranteed.