Author(s): IZEOWAYI, UMELEUMA KINDNESS | Volume 20 (1)Dec., 2023
Abstract
Environment, being an existential right a man has, we cannot therefore, over emphasize the worthiness of promoting its preservation and the implication as well as the benefits of putting efforts for its protection. Civil obligation actually arises from the duty of care everyone owes his neighbour like it is stated in the rule in Ryland v. Fetcher and others. Based on this fact, this article therefore took a quick look at the principles for safeguarding the environment especially in Nigeria. This research focused particularly on the various barriers that have hampered the enforceability of environmental protection in Nigeria and by so doing, this article pointed some factors as: non-justiciability clause, implementation of treaties, jurisdictional issues arising from environmental litigation, inadequate remedy, lifespan of litigation in Nigeria, cost of litigation, inadequate punishment, inadequate funding and corruption amongst other factors. It is believed that a better environmental protection regime is possible in Nigeria which are: stricter penalties for environmental crimes, repeal and amendment of obsolete laws, creation of environmental courts, mitigate the obstacles of locus standi, proper training for enforcement personnel, effective environmental monitoring, adequate funding of relevant regulatory agencies and bodies, environmental law protection awareness. It is believed that a better environmental protection regime is possible in Nigeria and this article seeks to bring us as near as possible to that point.