JUSTIFICATION OF ENVIRONMENTAL RIGHTS ENFORCEMENT IN NIGERIA; CHALLENGES AND PROSPECTS

Abstract

The enforcement of environmental rights in Nigeria remains a critical challenge despite the existence of numerous constitutional provisions, statutory frameworks, and judicial mechanisms aimed at protecting the environment. This article critically examines the legal basis for environmental rights enforcement in Nigeria, with particular attention to the roles of statutory regulation, common law remedies, judicial intervention, and institutional actors. It analyses key environmental statutes, including the NESREA Act, the Petroleum Industry Act, the Environmental Impact Assessment Act, and relevant constitutional provisions, highlighting persistent enforcement gaps arising from vague legislative drafting, weak penalties, regulatory overlaps, and political interference. The article further evaluates the effectiveness of common law and judicial remedies such as injunctions, damages, and declaratory reliefs in addressing environmental harm, especially in oil-producing regions. Drawing on case law, scholarly commentary, and institutional practice, the study identifies major obstacles to enforcement, including the non-justifiability of Chapter II of the Nigerian Constitution, corruption, poverty, weak institutional capacity, and judicial inconsistency. The article argues that while Nigeria has made incremental progress in recognising environmental rights, effective enforcement remains undermined by structural and governance failures. It concludes by proposing legal and institutional reforms aimed at strengthening environmental accountability, enhancing access to justice, and promoting sustainable environmental governance in Nigeria.