ARCHIVES
VOL. 9, ISSUE 6 (2023)
The role of strict liability laws on environmental conservation in Nigeria
Authors
Lugard Amadin Emokpae
Abstract
Environmental issues are
important in every nation. No nation wish to be careless with factors affecting
environmental preservation; Then laws are made to regulates the use of every
environment. In Nigeria, only very few litigated cases addressing the reliefs
of victims of harsh environmental impacts has succeeded. The numerous cases
that failed at the Supreme Court applying the rules of Ryland vs. Fletcher and largely
due to the inability of victims to wrestle with the the oil giants in the Niger
Delta regions with divers ethnic groups claiming ownership of the natural
resources. The undue influenced of Government on major oil explorers in the
zone also contributed to the failures and the untold hardship of the
inhabitants in the affected areas,who suffers from pollutions and contamination
on their land making farming and aquatic activities cumbersome. The Rule of
Ryland and Fletcher which provides for strict liability against an offender has
not effectively handled the menaces occasioned by the polluters in the area.
Shell BP, Chevron, Mobil etc are the major offenders. The human right approach
to environmental conservation is suggested to achieve results. This approach is
the constitutionally guaranteed rights to life and dignity of the human person
as provided in section 33(1) and 34(1) of the Nigerian Constitution. The right
to a clean, poison free, pollution free and healthy environment are also
embodied in the constitution. This right has been expanded by the Nigerian 1999
Constitution to include full enforcements of all legal rights of human
including safety at work places, and living homes. This paper, suggests that,
the rules in Ryland vs. Fletcher which evolved in 1868 has outlived its
usefulness in Nigeria evidence from numerous cases that failed with the rules
at the Apex court, therefore the human right approach should be applied. The
government should also reconsider a favourable sharing formula of mineral
resources with all affected zones in Nigeria where mining activities are on
going, so that the indigenes can enjoy the benefits of naturally endowment.
Download
Pages:173-180
How to cite this article:
Lugard Amadin Emokpae "The role of strict liability laws on environmental conservation in Nigeria". International Journal of Law, Vol 9, Issue 6, 2023, Pages 173-180
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.