ABSTRACT
Man through his activities contributes positively and negatively to the environment. The injury suffered by man and environment necessarily imposes the requirement of compensation to the victims. Compensation may be in form of damages as far as money can go and in most cases, the restoration of the ecosystem. To recover damages in a personal injury lawsuit, a plaintiff has the burden of establishing a causal relationship between the defendant’s harmful conduct and the plaintiff’s injury. In environmental litigation, proving causation can be very difficult. The difficulty of proving causation in environmental litigation is a significant barrier to recovery of damages. Scientific knowledge about the toxicity of many substances is limited. How substances move through air, soil, and water is often unknown and difficult to trace. Together, these factors can lead to ambiguity about the cause of a plaintiff’s disease. Multiple causation pose the challenge of proving that a particular injury was the result of one substance rather than another or a combination of substances. These result in the need to have expert opinion to successfully establish a claim, or disprove an allegation.
Other Factors such as the presence or absence of an environmental right, standing to sue, as well as evidentiary issues such as burden and standard of proof, subject matter jurisdiction, pre-action notice and limitation of action, go a long way in determining if a victim of environmental harm would likely get compensation. Globally, the right to a healthy environment as well as standing to sue has been recognised as being a component of the right to life, thereby reducing the problem of proof and causation in environmental litigation.
The focus of this research paper shall be on the challenges of causation and proof of environmental harm and available remedies to victims in the course of seeking redress through compensation in Nigeria, and how common law, statutory provisions and case law have contributed to this problem and can be used to proffer solutions. For instance, statutes relating to environmental protection provide for fines to be paid to the government, as opposed to the individual(s) affected by the harm. The individual gets no form of compensation, except where able to prove damages under common law. The outcome of this research paper will be to provide necessary and relevant recommendations that would guide the legislators as well as other relevant authorities on the appropriate approach to address the problem of proof and causation in environmental litigation in Nigeria.
CHAPTER ONE
INTRODUCTION
1.0. STATEMENT OF THE PROBLEM
Man’s interactions with the environment have contributed both positively and negatively to the environment. The negative contributions result in loss and damages to the ecosystem and pose health risks to man. The injury suffered by man and environment necessarily imposes the requirement of compensation to the victims and restoration of the degraded ecosystem. Compensation may be in form of damages as far as money can go and in most cases the restoration of the ecosystem. Unfortunately, the right of the citizens to be compensated for environmental injuries is not fairly straight forward. Although there are common law rules[1] and statutes[2] authorizing payment of compensation to victims of environmental pollution, polluters are either unwilling to pay compensation or compensation offered are inadequate. The resultant effect is that the victims often resort to regular courts to seek payment of adequate and fair compensation for their social, proprietary and economic losses and the restoration of degraded environment.
Environmental litigation is, however, interwoven with scientific and procedural and substantive details which the stakeholders, that is, the litigants, legal practitioners, witnesses and the courts must appreciate in order to unravel the complexity of the environmental litigation.[3] For example, to recover damages in a personal injury lawsuit, a plaintiff has the burden of establishing a causal relationship between the defendant’s harmful conduct and the plaintiff’s injury. In environmental litigation in particular, proving causation can be very difficult. Courts commonly refer to two types of causation: general and specific. General causation addresses whether a substance is capable of causing a particular injury or condition, while specific causation addresses whether a particular substance caused a specific individual’s injury.[4] The difficulty of proving causation in environmental litigation is a significant barrier to recovery of damages. Scientific knowledge about the toxicity of many substances is limited. How substances move through air, soil, and water is often unknown and difficult to trace. Also, the level or timing of a victim’s exposure is also often unknown.[5] Together, these factors can lead to ambiguity about the cause of a plaintiff’s disease. Multiple causation pose the challenge of proving that a particular injury was the result of one substance rather than another or a combination of substances. Aside from evidential issues, litigants are often burdened by procedural legal requirement of locus standi, jurisdiction, and limitation period for instituting action.
The focus of this research paper shall be on the challenges of causation and proof of environmental harm and available remedies to victims in the course of seeking redress through compensation in Nigeria, and how common law, statutory provisions and case law have contributed to this problem and can be used to proffer solutions. For a better understanding of the study, this paper will be divided into four chapters. The first chapter will contain a basic introduction into the subject matter of the research paper. It basically serves to enlighten the reader as to the aim and objective of the research paper. It further provides for the scope of the study, and the definition of any relevant term that may be needed in understanding this research paper. It would also introduce and provide an understanding of the concept of proof and causation in environmental litigation within the Nigerian legal system. The second chapter will address Environmental right and locus standi of the litigant(s) and how both factors impede the litigation process for victims of environmental damage. The third chapter will examine the procedural and evidential constraints to the enforcement of environmental right, such as subject-matter jurisdiction, pre-action notice and limitation of action, causation, burden of proof and standard of proof and expert evidence. The fourth and final chapter contains the summary of findings, recommendations drawn from the analysis of the various positions, and laws discussed in the course of the paper and conclusion.
1.2 Statement of the Problem
In Nigeria, the pursuit of legal redress for environmental wrongs and crimes is hindered by a myriad of legal and socio-economic challenges, including inadequate legal frameworks, institutional weaknesses, limited access to justice, and socio-economic disparities. These challenges not only impede the effective enforcement of environmental laws but also exacerbate environmental degradation, endanger public health, and undermine sustainable development efforts. Despite existing legal provisions and international commitments to address environmental issues, the gap between legal standards and enforcement realities persists, posing significant obstacles to environmental protection and the realization of environmental rights for affected communities. Therefore, there is an urgent need to examine the legal and socio-economic challenges inherent in litigating environmental wrongs and crimes in Nigeria, with a view to identifying barriers to justice and exploring strategies for enhancing legal remedies and socio-economic empowerment in environmental litigation.
1.3 Research Objectives
1. To analyze the legal frameworks and institutional mechanisms for addressing environmental wrongs and crimes in Nigeria and their effectiveness in promoting environmental justice and accountability.
2. To investigate the socio-economic factors influencing access to justice and the ability of affected communities to litigate environmental disputes, including issues of poverty, inequality, and power dynamics.
3. To explore potential solutions and policy recommendations for overcoming legal and socio-economic barriers to litigating environmental wrongs and crimes, with a focus on enhancing legal remedies, empowering affected communities, and promoting environmental sustainability.
1.4 Significance of the Study
This study holds significant implications for environmental governance, legal reform, and socio-economic development in Nigeria. By shedding light on the legal and socio-economic challenges in litigating environmental wrongs and crimes, the findings of this study can inform policy debates, advocacy efforts, and legal reforms aimed at strengthening environmental protection, enhancing access to justice, and promoting sustainable development. Moreover, the study can contribute to raising awareness among policymakers, legal practitioners, civil society organizations, and affected communities about the complexities and injustices inherent in environmental litigation, thereby fostering greater accountability, transparency, and citizen engagement in environmental governance processes. Additionally, the study can serve as a valuable resource for academics, researchers, and practitioners working in the fields of environmental law, human rights, and development studies, offering insights and empirical evidence to advance scholarly understanding and inform evidence-based interventions to address environmental challenges in Nigeria.
1.5 Scope and Limitations of the Study
The scope of this study will focus on the legal and socio-economic challenges associated with litigating environmental wrongs and crimes in Nigeria, including issues related to legal frameworks, institutional capacities, access to justice, and socio-economic disparities. The study will utilize qualitative research methods, including legal analysis, case studies, and stakeholder interviews, to explore the complexities and nuances of environmental litigation in Nigeria. However, it is important to acknowledge certain limitations, including the complexity of environmental issues, limitations in accessing legal documents and court records, and potential biases in stakeholder perspectives. Despite these limitations, the study aims to provide valuable insights and contribute to ongoing efforts to promote environmental justice, legal reform, and sustainable development in Nigeria.
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