PUBLIC INTEREST LITIGATION AND ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS: A VIABLE TOOL FOR THE PROTECTION OF THE RIGHT TO A HEALTHY ENVIRONMENT IN NIGERIA
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Date
2024-12-20
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Department of Jurisprudence and Public Law Faculty of Law Kwara State University Malete
Abstract
The right to a healthy environment is very crucial to human existence. The right has not been
adequately protected in Nigeria due to different challenges which sometimes prevent victims of
environmental pollution from access to justice. These challenges include legal, procedural,
political, economic challenges and so on. This paper seeks to discuss how public interest
litigation (PIL) can be applied to environmental litigation in Nigeria for the purpose of
protecting the right to a healthy environment. It will enhance access to justice by’ allowing
concerned persons and NGOs to institute environmental matters on behalf of indigent victims of
environmental pollution. The paper adopts doctrinal research methodology by relying on
primary and secondary sources of information. The primary materials are legislations, cases,
regional and international instruments. The secondary materials are journal articles, textbooks
and online materials. This paper finds that victims of environmental pollution do not have
adequate access to courts to seek redress of environmental wrongs as a result of different
challenge they encounter. This paper recommends that Public Interest Litigation should be
allowed by courts in environmental matters as it will enable victims’ access to justice for the
purpose of seeking remedies and compensation for their injuries. Other recommendations
proffered by this paper are environmental literacy and awareness, continuing capacity building
for judges, independence of the judiciary, etc. The paper concludes that the application of Public
Interest Litigation to environmental matters will enhance the protection of the right to a healthy
environment in Nigeria.
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