Analítico de Periódico
AMECHI, Emeka Polycarp, e outros
Access to justice through environmental public interest litigation : exploring contemporary trends in Nigeria / Emeka Polycarp Amechi, Uzuazo Etemire, Agent Ihua-Maduenyi
VRÜ. Verfassung und Recht in Übersee, a.54 n.3 (2021), p.398-414
DIREITO DO AMBIENTE / Nigéria, ACESSO À JUSTIÇA
The constraint posed by the cost of litigating environmental issues has made public interest litigation (PIL) to be a veritable tool for environmental protection and the realization of the right to a healthy environment in Nigeria. Environmental PIL falls under public law litigation and hence, is affected by the procedural requirement of locus standi in Nigeria. Satisfying this requirement in instances of environmental degradation or non-compliance with provisions of environmental regulations, has hitherto proved burdensome for public-spirited individuals and non-governmental organizations (NGOs) interested in the overall protection of the environment in Nigeria. However, recent events seem to have changed the application of the locus standi rule to environmental PIL in Nigeria. This article majorly seeks to explore the contemporary trends in environmental PIL in Nigeria with regards to emerging statutory provisions and case law, and the implications of these changes for access to justice in environmental matters, environmental protection and the promotion of sustainable development in Nigeria.