A LEGAL ANALYSIS OF THE CONSTITUTIONALISM OF ENVIRONMENTAL PROTECTION IN NIGERIA

Abstract

Since the early 1970s, the famous provision of Principle 1 of the Stockholm Declaration has encouraged many national constitutional provisions to acknowledge the right to a clean and wholesome environment as a fundamental right under national laws. Thus, at the global, regional or national levels, relevant provisions have been incorporated into instruments and Constitutions mandating the States to guarantee a healthy environment to its citizens and giving rights to them. There is growing concern about the environment and how it will be preserved and protected not just for the interest of those who are alive, work and exploit it today but for generations unborn. The concern represents an inter-generational solidarity and an acknowledgment of a debt to humanity and the world of tomorrow with respect to the use of the environment. Environmental constitutionalism is an essential node in the web of national management of the environment, along with national statutory schemes such as environmental impact assessments, adherence to international, multilateral and regional treaties and norms, and dialogue with sub national and local governments. As a result, it can be a complement to different regimes at the various levels of governance. This article examined the constitutionalism of environmental protection: the case of Nigeria and lessons from India. It examined the adequacy of constitutional provision on environmental protection in Nigeria; evaluated the effectiveness of environmental regulatory agencies in the enforcement of environmental protection in Nigeria, and the challenges of environmental constitutionalism and environmental protection in Nigeria. It also determined lessons Nigeria could learn from other jurisdiction such as India on the enforcement of environmental protection. The paper adopted a doctrinal methodology. It revealed that the constitutional provision for environmental protection under the Nigerian Constitution is inadequate in guaranteeing environmental protection. It concluded on the note that the Constitution of any nation is the pace setter, for providing the legal template upon which other laws could draw strength. It recommended legislative approaches in the form of constitutional amendments that will help to strengthen environmental constitutionalism in Nigeria.