THE RULE IN RYLAND v FLETCHER AS A PANACEA FOR THE CONTROL OF ENVIRONMENTAL POLLUTION

Abstract

The landmark English tort law case Rylands v. Fletcher established the doctrine of strict liability for inherently
dangerous activities. The case arose when Fletcher's coal mine was flooded due to Rylands building a reservoir
on his land, which burst and caused damage. The court ruled that a person who, for their own purposes, brings
and collects something likely to do mischief if it escapes, must keep it at their peril. If they fail, they are strictly
liable for any resulting damage. This doctrine laid the foundation for modern environmental and nuisance law,
emphasizing the responsibility of individuals to contain potential hazards they introduce. Situations like this has
plagued Nigeria for long and indeed the entire world, as it has nocuous and deleterious effects to human life,
fauna, flora, land, the ecosystem and the economy on the long run. Apparently, The Rule in Ryland v Fletcher as
a Panacea for the Control of Environmental Pollution” the Niger Delta Region for more than four decades of
exploration and production operations, has experienced severe environmental degradation and pollution and Oil
spill and Gas flaring has been identified as the major sources of environmental pollution in the region. For many
years, the Nigerian Government has laid emphasis on the need for exploitation of oil and other natural resources
for developmental purposes without making adequate provisions for the negative impact of this exploration
activities on the environment. The Rule in Ryland v Fletcher is one of the principles of common law, which is to
the effect that, a person who for his own purpose brings on his land, collects and keeps there anything likely to
do mischief, keeps it at his own peril if it escapes and causes harm to another person, is prima facie answerable
to all the likely damages which is the natural consequences of its escape. The devastating effects of environmental
pollution on the environment which include water, land and air in Nigeria is not novel, the pollution posed, ranges
from biological damage, physiological (pathological) effect on the biota (plant and animals) to abroad range of
ecological changes, hence the need for the control of environmental pollution arises. The application of the rule
has proved very effective in the fight and control of environmental pollution in Nigeria. The study adopted a
doctrinal approach is reviewing extant regulations, cases, previous studies and other relevant literature. The
researcher found out that application of the rule in Nigeria is strictly construed. It also found out that in some
other jurisdiction like India and Canada the rule is applied beyond environmental pollution, and that it was also
applied in cases of road accident. The researcher also found out that, there is need for further study on the expanse
of the scope of the application of the rule in Nigeria. Conclusively, the researcher recommended that in other to
control environmental pollution in Nigeria, Nigerian government must demonstrate sincerity of purpose and a
clear political will towards strengthening and implementing the environmental regulatory framework in the
industries. The judicial arm of the government should be strengthened the more in order to prevent interference
from external sources to pervert justice or giving decision that will not affect those persons involved in
environmental pollution.