Current Issues In Environmental Justice In The Nigerian Society
Published Conference Paper of the National Association of Law Teachers (NALT), at the 51st Annual Conference, held at the Nigerian Law School Abuja, Nigeria from 1st July – 6th July 2018.
19 Pages Posted: 2 May 2019 Last revised: 7 May 2019
Date Written: July 6, 2018
It is an obvious principle of law that a party can only be held liable for a breach where it can be shown that he has a duty (responsibility) to act in a certain established manner. Where there is no responsibility, there can never be accountability. Environmental injustice occasioned by industries including the tanneries, oil and gas facilities and other sources, has been at the centre of scholarly discourse in Nigeria over the past few decades. Most topical on the scale of the debate is the regulatory and institutional inefficiency in addressing the problems. By adopting the realist analytical models, the paper explores the accountability flaws of Nigeria’s environmental regulatory institutions and the faults of the environmental laws induced by comprehensive capture with regards to crude oil and natural gas exploration and production. It explains how comprehensive capture occurs and illustrates the extent to which it adversely eroded the powers of the Nigerian state with regards to holding the violators accountable for environmental pollution occasioned by the oil and gas companies. It suggests that the negative externalities of industrial pollution in Nigeria may not be settled on the face of the current deficient laws and weak enforcement mechanisms.
Keywords: Environment, Justice, Capture Theory, Oil Pollution
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