PROTECTION OF NIGERIA’S COASTAL ENVIRONMENT: THE DILEMMA WITH COMMON LAW REMEDIES

Abstract

This work is about the environmental degradation of the coastal and marine areas of Nigeria and their containment through the common law. The undertaking is mostly focused on those legal principles handed down to Nigeria by Britain, the former colonial master which are useful in giving succour to the victims of environmental pollution. It gives a brief review of the environmental consciousness in Nigeria and the early steps taken by the authorities to contain the issues. By dogmatically going through the cases, the application of the doctrines of nuisance, negligence, strict liability and trespass to environmental pollution have been investigated. It was observed that, although there are now many statutory regimes covering the field, these age long precepts still cover some grounds. It was also found that in the course of stating their cases through these principles the litigants are often disappointed by the rigid stance of the courts on the standing of the plaintiff, proof and limitation time on these matters. As a result, some good cases are lost and the positions of the polluters are boosted against individuals and host communities. The adoption of a liberal approach by the courts is recommended in order to ensure the efficacious application of any of the principles to the myriad of environment issues in Nigeria. This will align our jurisprudence with the practice in other climes and also maintain the allegiance of the litigating public in the judiciary for environmental sustainability.