CONSTITUTIONAL RIGHT TO ENVIRONMENT IN NIGERIA: A CRITICAL APPRAISAL

Abstract

Environmental degradation is bound to increase as long as human population increases and new technologies are invented. In order to arrest the problems of environmental degradation, a number of approaches have been adopted. Among these approaches are the incorporation of environmental protection policies into development programs, the passage of comprehensive environmental legislation covering all aspects of the environment, and the incorporation of environmental provisions in the constitutions of most countries. Unfortunately, while some countries make environmental protections in their constitutions enforceable, others do not. In Nigeria, indirect environmental provisions were first included in the 1979 Constitution. The direct environmental provision was embedded in the 1999 Constitution. However, Chapter II of the 1999 Constitution, which contains the environmental provisions, is unenforceable. While the Nigerian courts have done nothing tangible to enforce the provisions of the constitution on environment, on the other hand, the Indian courts have taken positive steps to enforce provisions of the Indian Constitution on environment.