Public Interest Litigation and Access to Justice in Environmental Matters: A Viable Tool for theProtection of the Right to a Healthy Environment in Nigeria

Abstract

The right to a healthy environment is very crucial to human existence. The right has not been adequately protected in Nigeria due to different challenges which sometimes prevent victims of environmental pollution from access to justice. These challenges include legal, procedural, political, economic challenges and so on. This paper seeks to discuss how public interest litigation (PIL) can be applied to environmental litigation in Nigeria for the purpose of protecting the right to a healthy environment. It will enhance access to justice by’ allowing concerned persons and NGOs to institute environmental matters on behalf of indigent victims of environmental pollution. The paper adopts doctrinal research methodology by relying on primary and secondary sources of information. The primary materials are legislations, cases, regional and international instruments. The secondary materials are journal articles, textbooks and online materials. This paper finds that victims of environmental pollution do not have adequate access to courts to seek redress of environmental wrongs as a result of different challenge they encounter. This paper recommends that Public Interest Litigation should be allowed by courts in environmental matters as it will enable victims’ access to justice for the purpose of seeking remedies and compensation for their injuries. Other recommendations proffered by this paper are environmental literacy and awareness, continuing capacity building for judges, independence of the judiciary, etc. The paper concludes that the application of Public Interest Litigation to environmental matters will enhance the protection of the right to a healthy environment in Nigeria.