Since 1958, industrial Pollution brought on by oil exploitation has seriously degraded the ecology in Nigeria’s Niger Delta. 822 Oil Spills were recorded between 2020 and 2021 alone, resulting in an estimated 9–13 million barrels of oil leaking into the environment. Because of this situation, Nigerian courts have developed a constitutional framework that makes environmental rights a fundamental human right. Environmental Protection is mandated under Section 20 of the Nigerian Constitution, however it is included in Chapter 2’s non-justiciable instructions.
Nonetheless, courts have made exceptions, construing environmental protection as enforceable when it is connected to Chapter 4 fundamental rights such the right to dignity (Section 34) and life (Section 33). This framework is further strengthened by Nigeria’s adherence to the African Charter on Human and Peoples’ Rights, which offers further environmental protections in Articles 4, 16, 22, and 24. Historical cases like Gbemre v. Shell Petroleum Development Company (2005) and Olafisoye v. Federal Republic of Nigeria (2005) set precedents for the enforcement of environmental rights.
Farmlands, Waterways have all been devastated by oil spills in Niger Delta.
This was further supported by the Supreme Court in the 2019 case of Centre for Oil Pollution Watch v. Nigerian National Petroleum Corporation, which connected constitutional rights infringement with environmental degradation. Recent rulings, such as the ₦800 billion damages award against Shell for pollution, demonstrate the trend towards holding oil firms responsible for Human Rights abuses. Global oil companies face serious dangers as a result of these legal developments, such as increased damages, expanded responsibility, and difficulties with their brand. Covering more than 70,000 square kilometres and home to more than 30 million people, the Niger Delta is one of the largest wetlands in the world and a hotspot for biodiversity.
Its mangroves, freshwater wetlands, and diverse ecosystems have historically supported people through trade, farming, and fishing. However, the area has seen severe ecological harm ever since oil was discovered in 1958. Farmlands, waterways, and fish stocks have all been devastated by oil spills, gas flaring, and industrial pollution. The United Nations Environmental Programme (UNEP) estimates that oil contamination covers more than 1,000 square kilometres of the Niger Delta, and cleanup will take decades and cost more than $1 billion. Inequitable wealth distribution and Environmental Degradation have caused social instability, health problems, and the Erosion of livelihoods in local communities.
Opposition from large oil corporations might hinder environmental rights.
Decades of unregulated oil exploitation and inadequate regulatory supervision are to blame for the Niger Delta’s environmental catastrophe. Nigeria’s Department of Petroleum Resources reports that 4,835 events from 1976 to 1996 resulted in almost 2.4 million barrels of oil spilling into the environment. By releasing dangerous compounds into the atmosphere, Gas Flaring has made environmental and health problems worse. Local residents have had Cancer and respiratory ailments as a result of this pollution, which has also ruined agricultural production and contaminated drinking water. Oil firms have been able to put profits ahead of Sustainability due to a lack of corporate accountability and institutional corruption, which has made the ecological and socioeconomic problems in the region worse.
Nigeria has many obstacles when it comes to enforcing environmental rights. Regulatory agencies are undermined by systemic corruption, since government officials frequently conspire with oil companies to avoid responsibility. Because legal proceedings are expensive and time-consuming, impacted communities are discouraged from seeking justice. Inconsistent execution occurs even when courts issue favourable rulings due to gaps in enforcement measures. A further obstacle to defending environmental rights is opposition from large oil corporations, which have substantial political and economic clout. Furthermore, the capacity of local communities to effectively mobilise for their rights is hampered by a lack of information and legal literacy.
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Globally, Nigeria’s stance on environmental rights is consistent with that of nations who have similarly enshrined environmental protection in their constitutions, such as South Africa and India. As demonstrated in instances such as MC Mehta v. Union of India (1987), the Indian Judiciary has construed the right to life under Article 21 to encompass the right to a clean environment. Section 24 of South Africa’s Constitution, which addresses environmental conservation and sustainable development, expressly provides environmental rights. Although Nigeria’s framework is advanced, difficulties with implementation and enforcement show that it needs more robust governance and accountability systems to keep up with international best practices.