The Lack of Enforcement of Environmental Rights in Nigeria: How may the Current System be Improved?

Authors: Nitoni George Lawson

Affiliation: Niger Delta University, Faculty of Law

Corresponding Author: [email protected]

March 25, 2026

SIAR-Global Journal of Social Sciences & Legal Review

DOI: 10.5281/zenodo.19225978

The Lack of Enforcement of Environmental Rights in Nigeria: How may the Current System be Improved?
Case Study Social Sciences

Abstract

There are numerous problems confronting the enforcement of environmental rights in Nigeria. This paper examines key challenges affecting the enforcement of environmental rights in Nigeria, ranging from the absence of a clear provision on the right to a clean and pollution-free environment, the lack of enforcement of environmental legislation, legal burdens encountered in establishing torts of negligence and other related torts in environmental pollution cases, judicial bias towards government and oil transnational corporations (hereinafter ‘TNCs’) as against victims of oil pollution due to the economic benefits derived from oil and gas activities. In view of the aforementioned challenges, legal redress for significant environmental pollution incidents has increasingly been pursued abroad in recent years. It is maintained that the oil and gas activities undertaken by TNCs are profitable to the State, thereby promoting the economic well-being of the State, and applying strict principles of liability in incidents of environmental pollution would expose TNCs to multiple litigations and compensation claims which would adversely affect the profits accruing to the State. This paper utilises a doctrinal research method (or black letter law approach) in view of the substantial reliance on case law, scholarly journals, articles, statutes and principles of law to systematically analyse the identified problems confronting enforcement of environmental rights in Nigeria. It is observed that in most jurisdictions outside Nigeria, environmental rights are recognised as fundamental human rights. Unfortunately, judicial technicalities and failure of the Courts to give an expansive interpretation to the fundamental human rights captured in Chapter IV of the Nigerian Constitution, has prompted many victims of environmental pollution in Nigeria caused by oil and gas, to explore legal redress in foreign countries. 

Keywords

Environmental rights, transnational corporations, pollution, margin of appreciation, judicial legislation.

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How to Cite

Nitoni George Lawson (2026). The Lack of Enforcement of Environmental Rights in Nigeria: How may the Current System be Improved?. SIAR-Global Journal of Social Sciences & Legal Review, Vol. 2, No. 1. DOI: 10.5281/zenodo.19225978

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Article Information

  • Type: Case Study
  • Journal: SIAR-Global Journal of Social Sciences & Legal Review
  • Subject Area: Social Sciences
  • Published: March 25, 2026
  • Volume: 2
  • Issue: 1
  • Word Count: Not specified
  • DOI: 10.5281/zenodo.19225978
  • Processing Fee: $50.00 USD

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