CHAPTER ONE
GENERAL INTRODUCTION
1.0.0: Background
This project is basically directed towards evaluating environmental justice especially in Nigeria. The reason for venturing into this topic is based on personal interest in the concept ‘environmental justice and the desire to shed more light on it by analyzing it with the issue of ‘locus standi
1.1.0: Statement of the Problem
By the present state of the law in Nigeria and in other jurisdiction, the determination of locus standi zeros on two major and telling words, one is ‘sufficient’ and the other is ‘interest’. They both make up the ‘sufficient interest’ concept. This term is broad and generic. It is also vague and nebulous. It lacks a precise and apt legal meaning.
Here in Nigeria, the problem of locus standi is compounded by the fact that the common law concept where the right to sue accrues only to a person who has a legal right or whose legal right has been adversely affected or who has suffered or is likely to suffer special damage in consequence of an alleged wrong has been reinforced by the Constitutional provisions of Section 6 of the 1979 Constitution.
The problems associated with the courts’ attitudes to locus standi arise out of the difficult balancing exercise which has to be undertaken. On the one hand the courts have been keen to ensure that public bodies can perform their duties without harassment from vexatious litigants and that the public purse is not put under excessive strain and the courts flooded with judicial review litigation. On the other hand, the actions of public bodies should be
reviewable by the courts in accordance with Dicey’s rule of law and if the rules of locus standi are drawn too narrowly, there will be gaps in the court’s capability of ensuring that those with power do not abuse it and act contrary to the public interest.
The courts are thus keen to maintain flexibility but this has led to a stream of confusing and inconsistent decisions.
These problems associated with the application of locus standi always result in the miscarriage of justice and they make prospective litigants to lose confidence in the court.
1.2.0: Aim and Objective of Study
The aim and objective of this essay is to critically evaluate the concept of environmental justice and the doctrine of locus standi as an obstacle under Nigeria legal system. Furthermore, the essay tends to highlight circumstances where environmental justice may be obstructed. It also briefly shows the concept of environmental justice in other jurisdiction. It also examines the provisions of various environmental laws, acts and regulation.
1.3.0: Research Question
In an attempt to address the research problem of this study, the following questions are vital:-
- To what extend did the doctrine of locus standi affect the principle of environmental justice in Nigeria.
- To what extend did the prevailing Nigeria legal system upheld the principle of environmental justice in Nigeria.
- To what extend did the availability and affordable of expert witness affect the principle of environmental justice in Nigeria
1.4.0: Research Method
The research method is both theoretical and analytical. Both primary and secondary sources of law are the basis for this research work. Thus the constitution of the federal republic of Nigeria, various environmental laws, law text books, law report, articles on law, various statutes and cases on the subject matter are the sources of information.
1.5.0: Significance of the Study
The important of this work is to shed more light on the concept of environmental justice subject to the issue of locus standi especially in the context of Nigeria.
1.6.0: Scope and Limitation
This essay does not exceed the content of this title. It is within the purview prescribed by the topic. Through environmental justice appears to be universal, its application differs in different situation and circumstance. This essay has it main focus on the evaluation of locus standi as an obstacle to environmental justice in Nigeria.
1.7.0: Synopsis of Chapters
Chapter one deals with the general introduction of locus standi as an obstacle to environmental justice in Nigeria with the problem, aim, research method, significance, scope synopsis and definition of terms. Environmental justice is the social transformation directed towards meeting basic human needs and enhancing the quality of life-economic, health care, housing, human rights, environmental protection and democracy.
Chapter two deal with the issue of development of the concepts and doctrine of locus standi in Nigeria. Locus standi is the capacity of a person to institute legal proceedings in a court of law or other competent tribunal.
Chapter three deal with the challenges of environmental justice such as jurisdiction, delays in the administration of justice, expert witness and locus standi. Jurisdiction is the right of the court to entertain on matters before it.
Chapter four deals with the environmental justice in foreign jurisdiction in particular reference to India, Kenya and United Kingdom. Environment justice is a universal concept but its adoption and application differs in different jurisdictions.
Chapter five deals with the conclusion and recommendation of the essay titled ‘Locus Standi: an Obstacle to Environmental justice in Nigeria. The doctrine of locus standi under the Nigeria legal jurisdiction has greatly hindered the accessibility of the Nigerian courts to the citizens on the issue of environmental justice.
1.8.0: Definition of Terms
1.8.1: Environment
The term ‘environment’ has been given different definitions. It has been defined as the totality of physical, economic, cultural, aesthetic and social circumstances which surround and affect the desirability and value of property and which also affect the quality of peoples’ lives.[1] It has also been defined as ‘the components of the earth’ and includes
Land, water and air including all layers of the atmosphere
All organic and inorganic matter and living organisms and
The interacting natural systems that include components referred to in paragraphs (a) and (b).[1]
The first definition covers the broad concept of ‘environment’. In that respect, they embrace everything within and around man that may have effect on or be affected by man. This more expansive concept of environment is synonymous with the human environment.[2]
The definition under Nigerian law covers a narrower concept of “environment”. This concept restricts the meaning to the physical or natural environment, comprising God given natural resources, natural elements and natural environment whether or not modified by man.[3] This narrower concept of environment is therefore synonymous with the physical or natural environment.[4] Flowing from the above definitions, environment is therefore earth in its totality; air, water and land.
1.8.2: Environmental Law
It is difficult to precisely define environmental law because of it cumbersome nature. The concept of environmental law refers to the integrated rules, principles, legal norms and the purpose for which to achieve environmental conservation. [5]Environmental law is a complex and interlocking body of treaties, conventions, statutes, regulations, and common law that operates to regulate the interaction of humanity and the natural environment towards the purpose of reducing the impacts of human activity.
[6]Environmental law draws from and is influenced by principles of environmentalism, including ecology, conservation, stewardship, responsibility and sustainability. Pollution control laws generally are intended (often with varying degrees of emphasis) to protect and preserve both the natural environment and human health. Resource conservation and management laws generally balance (again, often with varying degrees of emphasis) the benefits of preservation and economic exploitation of resources. .[7] From an economic perspective environmental laws may be understood as concerned with the prevention of