ENVIRONMENTAL DEGRADATION AND OIL SPILLAGES: AN INDICTMENT TO HUMAN RIGHT AND ENVIRONMENTAL LAW
TABLE OF CONTENTS
CHAPTER ONE: Introduction
What is Environmental Degradation
The Emergence of Environmental Degradation
Classifications of Environmental Degradation
Notable forms of Environmental Degradation
Challenges posed by Environmental Degradation
CHAPTER TWO: Human and Environmental Right or
Law Concept
The Human Rights Concept
The Environmental Right Concept
The Nigeria Constitution, Human and
Environmental Rights
The Impediments confronting judicial enforcement
of Environmental Laws in Nigeria.
CHAPTER THREE: Environmental Degradation as an
Indictment to Human Right and
Environmental law
3.1 An Appraisal
3.2 Environmental Degradation as Indictment or
Violation of Human Right
Environmental Degradation as Indictment to
Environmental Right in Nigeria
Environmental Degradation as an Indictment to
International Environmental Legal Instruments
CHAPTER FOUR: Global Efforts at combating
Environmental Degradation
An Appraisal
Environmental Degradation as an indictment to
Environmental law in U.K. and U.S.A.
Global inability to enforce Laws against
Environmental Degradation
The Industrialized countries as Violators/Culprits
Of Environmental Degradation
International Agency/Co-operations in combating
Environmental Degradation.
CHAPTER FIVE: Conclusion and Recommendations
Conclusion
Recommendations
Bibliography
TABLE OF STATUTES
Associated Gas Re-injection Act, Cap 26, LFN 1990 40, 48, 65, 67
Constitution of the Federal Republic of Nigeria, 1999. 38, 39, 47, 55-60, 62-65, 104
Convention on the Prevention of Marine Pollution by
Dumping of waste and other matters 1992 73, 86
U.N. Convention on the High Sea, 1958 74, 86
Environmental Impact Assessment Act, 1992 40, 43-45,48, 69-72
European Environmental Agency (EEA), 1994 97,98
Federal Water Pollution Control Act 1972, U.S.A. 79
Harmful Waste (Special Criminal Provisions) Act
Cap 165, LFN, 1990 40, 41, 48, 68
International Convention for the Prevention of
Pollution of the Sea by Oil 1954 (as amended in
1962 & 1969. 74, 87
Kyoto Protocol, 1997 89, 93
Montreal Protocol on Substances that Deplete the
Ozone Layer, 1992. 75, 88
National Environmental Standards and Regulations 35, 36, 48, 49,
Enforcement Agency (Establishment) Act 2007 51,52,65,66,101,103
National Environment Policy Act (NEPA) 1969 U.S.A. 80
Oil in Navigable Water Act Cap 337, LFN 1990 40, 48, 65, 74
Human Environmental Conference Stockholm 78, 85, 95
U.K. Environmental Protection Act 81, 82
Vienna Convention for the Protection of the
Ozone Layer, 1985. 75, 88
TABLE OF CASES
Adisa v. Oyinlola (2002) 10 WRN 125 – – 38
Amos v. Shell BP Petroleum Development Co.
of Nigeria & Anor. – – – 50
Archbishop Olubunmi Okogie and
others v. A.G. Lagos State. – – – 47
Enahoro and ors. V. Abacha and ors. (1998) 1
HRL RA 424 – – – – 33, 34
Donoghue v. Stevenson (1932) A.C. 562 – – 82
Francis Coralie v. Union Territory of Delhi
Air 1981 SC 846. – – – 107
Ransome Kuti and Ors. v. A.G. of the Federation
and Ors. (1985) 2 NWLR, 16, 211 at 230 – – 32
Shanti Star Builders v. Nafyan Whimalal Totame
& ors. (1990) (1) S.C. 106 Appeal No. 2598 of 1989 – 108
ABBREVIATIONS
AC Appeal Cases
ALL ER All England Reports
ALL NLR All Nigeria Law Reports
CCHCJ Cyclostyled copies of High Court Judgment
CLR Commonwealth Law Reports
COX Cox’s Equity.
Cr APP. R Criminal Appeal Reports
East, P.L.C. East Term’s Reports, Privy Council
ECSLR East Central State Law Reports
ERNLR East Region of Nigeria Reports
FNR Federation of Nigeria Reports
FSC Federal Supreme Court
K.B. King’s Bench
L.L.R. Lagos Law Reports
L.R.N. Law Reports of Nigeria
LR; PC Law Reports, Privy Council Appeals
MJSC Monthly Judgment of the Supreme Court of
Nigeria.
MNLR Mid-Western Nigeria Law Reports
NCLR Nigeria Constitutional Law Reports
NCR Nigeria Criminal Reports
NLR Nigeria Law Reports
NMLR Nigeria Monthly Law Reports
NWLR Nigeria Weekly Law Reports
Q.B. Queens Bench
QBD Queens Bench Division
SC Supreme Court
SCNJ Supreme Court of Nigeria Judgments
SCNLR Supreme Court of Nigeria Law Reports
TLR Times Law Report
VICT LR Victoria Law Reports
WACA West African Court of Appeal
WLR Weekly Law Reports
WLRN Weekly Law Report of Nigeria
WN Weekly Notes
WNLR Western Nigerian Law Reports
WRNLR Western Region of Nigeria Law Reports
CHAPTER ONE
INTRODUCTION
Since
the beginning of civilization, man has always been motivated by the
need to make progress and better the lives of fellow mankind by
exploring the natural environment. It is indisputable that the natural
environment before the advent of environmental degradation, created
unlimited opportunities for development and economic sufficiency of the
inhabitants or the populace, but with the advent of environmental
degradation, the inhabitants have been denied these opportunities and
made to languish in abject poverty.
In recognition of the dangers
posed by environmental degradation, the international community and the
Nigerian government have put in place various laws to combat
environmental degradation, while the various environmental laws in
Nigeria and that of the international community (international legal
instrument) in combating environmental degradations intended to yield
encouraging result by enhancing environmental sustainability. The
recalcitrant attitude of those involved in environmental degradation has
continued to attenuate environmental laws with the government and its
agency indirectly collaborating in the act of flouting environmental
laws.
Unfortunately, the existing law legal mechanism in place have
done little or nothing to eradicate this menace of environmental
degradation. Environmental degradation continues to evolve everyday and
everywhere with no end in sight of how this crime can be checked.
Thus
this thesis intends to appraise how environmental degradation
constitutes an indictment to human right and environmental laws. It also
aims to serve as a theoretical framework for the review and
harmonization of the relevant municipal and legal instruments. Similarly
international agency/corporation in combating environmental degradation
will not be left out.
Hence, it is imperative to give a brief description or definition of environmental degradation.
Environmental Degradation
Before
environmental degradation is considered we must first of all know what
is environment or what constitutes the environment.
Environment is
the natural world in which people, animals and plants live. The Black’s
Law Dictionary also defines it as the totality of physical, economic,
cultural, aesthetic and social circumstances and factors which surround
and affect the desirability of value of property and which also affect
the quality of life of people’s lives. Under the Nigeria law,
“environment” includes water, air, land and all plants and human beings
or animals living therein and the inter-relationship which exist among
these or any of them. Therefore Environmental Degradation is the
deterioration of the environment through depletion of resources such as
air, water and soil; the destruction of the ecosystems and the
extinction of wildlife.
Environmental degradation is one of the ten
threats officially cautioned by the high level threat panel of the
United Nations. Therefore the importance and relevance of the
environment cannot be over-emphasized, the environment is a complex and
delicate system that when properly managed and harnessed can be geared
to productive domestic, aesthetic and even spiritual benefit but when
poorly managed could predictably be hazardous not only to human
survival, but the survival of all living things. It is therefore
inferable that the environment is the physical foundation upon which
survival rests.
It is however sad to note that over the years, the
environment has been greatly threatened with adverse and disastrous
effects on human habitation and survival, which has reflected in the
World Bank report. More than 30,000 people die each day globally, short
of their predestined life span due to environmental degradation and
pollution. In a year, 108 million people die as a result of
environmental degradation and pollution. Further research shows that
between 1990 and 2009, which has a period of 19 years, about 7.3 million
people died worldwide due to environmental degradation and pollution.
Therefore it constitutes a threat to the existence of mankind and needs
to be checked by all the countries and organizations in the globe
