LEGAL REMEDIES FOR VICTIMS OF ENVIRONMENTAL POLLUTION IN NIGERIA


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TABLE OF CONTENTS

Title page
Abstract
Table of Content
List of Statutes
Table of Cases
Abbreviation

CHAPTER ONE: GENERAL INTRODUCTION
1.1       Historical Background:
1.2       Statement of Research Problem:
1.3       Scope of Research:
1.4       Objective of Research:
1.5       Research Methodology:
1.6       Literature Review:
1.7       Justification:
1.8       Organisational Layout:

CHAPTER TWO: CRIMINAL REMEDIES
2.1       Introduction:
2.2       Legal Framework for Criminal Remedies:
2.3       Fines:
2.4       Term of imprisonment:
2.5       Forfeiture
2.6       Constraints to impositions of criminal remedies

CHAPTER THREE: CIVIL REMEDIES
3.1       Introduction:
3.2       Compensation:
3.2.1    Constitutional Provisions for Compensation:
3.2.2.   Oil Pipeline Act:
3.2.3    Petroleum Act:
3.2.4    Nigerian Minerals Mining Act, 2007:
3.2.5    Rio Declaration vis-à-vis NESREA Act:
3.2.1.1 Quantum of Compensation:
3.3       Damages:
3.3.1    Legal Framework for Remedy of Damages
3.3.2    Types of Damages
3.3.2.1 Special Damages
3.3.2.2 General Damages
3.3.4    Difference between Special and General Damages
3.3.5    Grounds for Award of Damages
3.3.5.1 Loss of Property and means of livelihood
3.3.5.2 Damages for Emotional Distress
3.4       Injunction
3.5       Restoration/Rehabilitation
3.6       Resettlement

CHAPTER FOUR: MECHANISMS FOR THE ENFORCEMENT OF ENVIRONMENTAL CLAIMS
4.1       Introduction:
4.2       Litigation:
4.2.1    Factors Militating Against Environmental Litigations:
4.2.1.1 Delays in Prosecution of Cases:
4.2.1.2 Courts Attitude to Victims Claim:
4.2.1.3 Corruption in judiciary
4.2.1.4 Burden and Standards of Proof:
4.3       Negotiation:
4.4       Mediation;
4.5       Conciliation:
4.6       Arbitration:

CHAPTER FIVE: SUMMARY AND CONCLUSION
5.1       Summary:
5.2       Findings:
5.3       Recommendations:
5.3.1    Need for Express Constitutional Provision on Pollution:
5.3.2    Compendium of Environmental Law:
5.3.3.   Imposition of Heavier Fines:
5.3.4.   Extending the Mandate of NESREA:
5.3.5    Shifting the Burden:
5.3.6    Evolving New Precedence:
5.3.7    Adoption of Strict Liability:
5.3.8    Exploring ADR:
5.3.9    Establishment of Statutory Compensation Fund:
            Bibliography:



ABSTRACT

Environment pollution of different dimension has caused a lot of havocs to the health and wealth of some Nigerians. To this end, the study examines the array of legislation that provides for various remedies for victims of pollution in Nigeria. The study also analyzed various case laws their adequacy or otherwise. The study further investigates the mechanism for the enforcement of the claims by the victims of pollution in Nigeria. The general background of the study examines the research problem, which ascertain the adequacy of these laws or otherwise. The objectives are to among others identify these remedies. It also state the justification, the significance, of this scope the study and the methodology of this research is doctrinal. The study evaluates the criminal remedies especially in relation to the fact that most of the statutes are laced with penal provisions inform of fines and terms of improvement. The study also focus on the civil remedies in form of compensation, damages, restoration/rehabilitation and injunction. Similarly, the mechanism for the enforcement of the claims by the victims of pollution such as litigation which is plagued with series of problems such that victims often seek remedies under law of tort, thus they are unable to prove their case before the courts. The study also examines Alternative Dispute Resolution (ADR) viz: negotiation, mediation, conciliation and arbitration as a tool for enforcement. The study concludes with some findings which includes inter alia absence of express constitutional provision on pollution scattered legislations on pollution which as mostly penal the penalties are paltry sum and problem of jurisdiction vested in the High Court by some Acts which is in conflict with the constitutional provisions that vest same exclusively in the Federal High Court.




CHAPTER ONE

GENERAL INTRODUCTION

1.1             Historical Background

Before the advent of British rule, communities in present day Nigeria utilized

customary methods in the settlement of environmental disputes. Thus, the management of the environment in most Nigerian communities is based on customary law concept where this has been modified or repealed by statute. The number of customary laws may be as many as the number of ethnic-groups. There are about 300 ethnic groups in Nigeria.1

Thus in the same state or among the same tribe there exist numerous customary laws.2

The various customs of different ethnic groups and communities in Nigeria contain remedies for environmental pollution. For example, in the Iroko community bush burning under customary law is prohibited. A violation of this law will lead to the arrest of the offender who is taken before the village head who imposes fine on the offender.3 Bush burning has a negative effect on the environment as it pollutes the air, and the fire spreads uncontrollable and on several instances destroyed large areas of land and also causes serious damage to other valuables. For example, in the case of Busari Adediga V. Abati.4 The plaintiff wrote the defendant requesting that he be informed when the defendant would set fire to his farm to enable the plaintiff protect his property. The defendant claimed to have informed the plaintiff although the plaintiff denied. The......


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