Need for Judicial Activism in solving legal and procedural barriers to environmental litigation in Nigeria
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Date
2021-11-26
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Faculty of Law, Vishwarkarma University
Abstract
Environmental litigation is bedevilled with legal and procedural obstacles, which prevent
environmental victims from getting redress for environmental injury. The aim and objectives
of this paper is to discuss environmental litigation and barriers to it in Nigeria. This paper also
discusses the concept of judicial activism and how it can be applied to environmental litigation
in Nigeria for the purpose of mitigating the legal and procedural obstacles to environmental
litigation. The paper adopts a non-doctrinal research methodology. This paper notes that the
barriers are detrimental to the environment, as pollution victims are prevented from getting
redress for environmental wrongs and environmental justice. It concludes that the Court must
be ready to display activism in adjudicating environmental matters, in order to enhance access
to environmental justice and protect the Nigerian environment. This paper calls for judicial
activism such as widening of locus standi, expounding the interpretation of legislation,
exercising judicial review, allowing Public Interest Litigation etc. in the adjudication of
environmental matters. This will help to mitigate the obstacles to environmental litigation ,
enhance access to environmental justice, facilitate redress of environmental wrongs, enhance
adequate remedies for environmental victims, allow the proper sanctioning of environmental
polluters and `also enhance the protection and sustainability of the environment.
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Vishwarkarma University Law Journal