ENVIRONMENTAL POLLUTION IN THE NIGER DELTA: THE NECESSITY FOR REVIEW OF THE ANTI-POLLUTION LAWS OF NIGERIA

Abstract

Environmental pollution and degradation are the most serious of all environmental problems and in the Niger Delta, they pose a serious threat to the inhabitants and the ecosystem in the face of the anti-pollution laws of Nigeria. Thus, securing environmental justice has been so difficult despite the fact that the protection of the environment is recognised by the Constitution of the Federal Republic of Nigeria, 1999. This difficulty is largely because the constitutional provision which requires the State to protect and improve the environment as well as safeguard the water, air, land, forest and wild life of Nigeria is not justiciable amidst the limitations imposed on non-State actors by public law procedures in compelling authorities to comply with the provisions of laws through the doctrine of locus standi. The situation is further compounded because State actors appear inactive and insensitive to the plight of the victims of environmental pollution and their efforts if any, have been insignificant and have not yielded the desired results, which have, caused the involvement of non-governmental organisations (NGOs) in the struggle for environmental justice. Although the efforts of the NGOs have produced some good results, much still needs to be done in view of the incessant and persistent environmental pollution and consequent degradation in the Niger Delta. This study therefore examines the problems of environmental pollution in the Niger Delta and the necessity for the review of the Nigerian anti-pollution laws. The study adopts the doctrinal methodology through the study of relevant statutes, textbooks and articles by scholars. Recommendations were offered which if implemented would correct the situation in the Niger Delta.