Judicial Enforcements of Environmental Justice in Nigeria: Comparative Insights from India and South Africa

Abstract

The judicial enforcement of environmental justice in Nigeria faces significant challenges which includes jurisdictional conflicts, non-compliance by transnational corporations with court judgments, and systemic delays. While State High Courts have historically adjudicated environmental disputes, issues of jurisdiction exemplified in Shell v. Isaiah, Iwherekan v. Shell, and Four Fishermen v. Shell have raised concerns about access to justice for pollution victims, especially following the Supreme Court’s interpretation of the relevant provisions of constitution which grants exclusive jurisdiction to the Federal High Court over oil-related environmental disputes. Multinational oil corporations frequently exploit procedural loopholes to evade accountability, while weak enforcement mechanisms have remained a formidable hinderance to effective remediation for victims of environmental damage. A comparative analysis with South Africa highlights the benefits of a constitutionalized approach to environmental rights which Nigeria must draw inspiration from. Unlike Nigeria, where environmental rights remain largely non-justiciable, South Africa’s Constitution explicitly guarantees the right to a healthy environment which ensures that a stronger legal enforcement and judicial oversight is in place. Similarly, India’s establishment of the National Green Tribunal offers valuable lessons in terms of expediting environmental litigation and ensuring corporate accountability. The NGT’s role in enforcing environmental laws and reducing the burdens of litigation offers invaluable insight to Nigeria on the need for Nigeria to consider specialized tribunals for environmental disputes. This study commends the Supreme Court of Nigeria for addressing jurisdictional ambiguities and their interpretative roles but argues that a strengthened judicial mechanisms and institutional reforms must be adopted to enhance environmental justice. Drawing insights from JLGP JLGP E-ISSN 2579-051X South Africa’s constitutional approach and India’s specialized environmental tribunal system, this paper recommends the constitutionalization of environmental rights and the establishment of an environmental court to improve access to justice for victims of environmental hazards in Nigeria.

Keywords

References