LEGAL REMEDIES FOR VICTIMS OF ENVIRONMENTAL POLLUTION IN NIGERIA

Thesis Overview

<p> </p><div><p><strong>GENERAL</strong>&nbsp;<strong>INTRODUCTION</strong></p><p><strong>1.1</strong>&nbsp; &nbsp; &nbsp; &nbsp;<strong>Historical</strong>&nbsp;<strong>Background</strong></p><p>Before the advent of British rule, communities in present day Nigeria utilized</p><p>customary methods in the settlement of environmental disputes. Thus, the management of</p><p>the environment in most Nigerian communities is based on customary law concept where</p><p>this has been modified or repealed by statute. The number of customary laws may be as</p><p>many as the number of ethnic-groups. There are about 300 ethnic groups in Nigeria.1</p><p>Thus in the same state or among the same tribe there exist numerous customary laws.2</p><p>The various customs of different ethnic groups and communities in Nigeria contain</p><p>remedies for environmental pollution. For example, in the Iroko community bush burning</p><p>under customary law is prohibited. A violation of this law will lead to the arrest of the</p><p>offender who is taken before the village head who imposes fine on the offender.3 Bush</p><p>burning has a negative effect on the environment as it pollutes the air, and the fire spreads</p><p>uncontrollable and on several instances destroyed large areas of land and also causes</p><p>serious damage to other valuables. For example, in the case of <strong>Busari</strong>&nbsp;<strong>Adediga</strong>&nbsp;<strong>V.</strong></p><p><strong>Abati.</strong><strong>4</strong>&nbsp;The plaintiff wrote the defendant requesting that he be informed when the</p><p>defendant would set fire to his farm to enable the plaintiff protect his property. The</p><p>defendant claimed to have informed the plaintiff although the plaintiff denied. The</p><p>1 Adewale, O. Customary Environmental Law. In Ajomo and Adewale (eds) <em>Environmental</em>&nbsp;<em>Law</em>&nbsp;<em>and</em>&nbsp;<em>Sustainable</em>&nbsp;<em>Development</em>&nbsp;<em>in</em>&nbsp;<em>Nigeria</em>&nbsp;NIALS Lagos and The British Council 1994 p 158.</p><p>2 Obilade, A.O Nigeria Legal System, Sweet and Maxwell London 1979 p.83. 3 Adewale, O. Op cit.</p><p>4 Ake ‘A’ Native Court 50/1934.</p><p>1</p></div><div><p>defendant set fire to him farm and went fishing while the farm was burning. The fire went</p><p>out of control and destroyed the plaintiff's farm. The customary court held that although</p><p>bush burning is an acceptable customary practice, the defendant was liable for damage to</p><p>the plaintiff‟s property.</p><p>Similarly, among the Egbas there exists customary law governing the general use</p><p>of the stream and pollution. This practice, Adewale5 opined is uniform to some extent</p><p>amongst various communities and state further that it is also the general practice in the</p><p>eastern part of Nigeria. Customary law in most part of Nigeria prohibits trespassing, for</p><p>example, in the north where Nomads move from one place to another for the purpose of</p><p>grazing their animals. Often animals trespass into farm land and victims claim damages</p><p>arising from their act6. These customary laws of various communities have been enforced</p><p>long before the advent of colonial rule. Thus Amokaye7 refers to this period as the first</p><p>stage of development of environmental law in Nigeria.</p><p>The introduction of common law principles and statutory laws by the colonial</p><p>administration to regulate pollution activities marked the beginning of the second era.</p><p>Under the common law principles, which forms part of Nigerian legal system it provides</p><p>means for the institution of legal action for pollution under spheres of nuisance,</p><p>negligence, trespass to land and the rule in <strong><em>Rylands</em></strong>&nbsp;<strong><em>v.</em></strong>&nbsp;<strong><em>Fletcher</em></strong><strong><em>8</em></strong>. It should be noted that,</p><p>nuisance are two types, private and public nuisance which by definition is said to be:</p></div> <br><p></p>