DIRECTORY OF OPEN ACCESS JOURNAL
Published Article
CHALLENGES OF ACCESS TO ENVIRONMENTAL JUSTICE IN NIGERIA
ABSTRACT
The issue of environmental protection has become a topical issue attracting both domestic
and international attention. The concept of environmental justice is significant in
environmental protection given the fact that victims of environmental degradation are
entitled to seek redress for the environmental degradation suffered by them There is an
existing conundrum inhibiting the access to environmental justice and these include the weak
regulatory regime in the oil and gas industry, the lack of political will by regulatory agencies
to enforce oil and gas laws and regulations, the endemic corruption and judicial obstacles
amongst others. Furthermore, in seeking redress in Nigerian courts is not problem free. Some
of the problems associated with litigation in Nigeria include limited resources of litigants,
delays in the judicial process, the strict requirement of locus standi proof, and the
overreliance on common law torts such as trespass, negligence and nuisance in suits by
litigants (in the absence of an effective framework on oil pollution control or litigation),
amongst others. These factors have hindered access to justice, in Nigeria. The authors in
conclusion assert that unless inhibiting factors to access to environmental justice are tackled
or checked victims of environmental degradation would continue to have their grievances not
redressed as a result of these obstacles.
KEYWORDS: The Requirement of Locus Standi, Poverty, Delays in the Administration
of Justice, Courts Attitude to Victims Claim, Corruption in the
Judiciary, Burden and Standards of Proof, Limitation Period, The
Right to a Satisfactory Environment
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