Need for Judicial Activism in solving legal and procedural barriers to environmental litigation in Nigeria
| dc.contributor.author | Halimat Tope Akaje | |
| dc.date.accessioned | 2024-07-22T15:14:47Z | |
| dc.date.available | 2024-07-22T15:14:47Z | |
| dc.date.issued | 2021-11-26 | |
| dc.description.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. | |
| dc.identifier.citation | Vishwarkarma University Law Journal | |
| dc.identifier.issn | 2583-2190 | |
| dc.identifier.uri | https://kwasuspace.kwasu.edu.ng/handle/123456789/1732 | |
| dc.language.iso | en | |
| dc.publisher | Faculty of Law, Vishwarkarma University | |
| dc.relation.ispartofseries | Volumes 01 Issue 111 | |
| dc.title | Need for Judicial Activism in solving legal and procedural barriers to environmental litigation in Nigeria | |
| dc.type | Article |