The discovery and continued exploitation of crude oil in Nigeria with its many advantages, has exposed the Nigerian environment to several forms of pollution and degradation. Consequently, extensive harm has been done to the human and natural environment some of which may prove irreversible. This is largely attributable to wrongful environmental practices, sabotage, ineffective regulation and enforcement mechanisms. Sadly, environmental laws in Nigeria do not specifically criminalize such inimical activities, while some grave environmental crimes are downplayed and treated as civil wrongs. This article argues in favour of a compelling need for a reassessment of environmentally harmful acts with a view tocodifying and criminalizing certain acts to promote the observance of basic environmental laws, especially by multinational corporations, and support the realization of a sustainable environment in the country. This has become imperative as Nigeria is a subscriber to the United NationsSustainable Development Goals (SDGs). An effective and efficient regulatory regime is a vital for achieving these goals by the year 2030.
Keywords: Environment, Environmental Pollution, Environmental crime, Ecocide, SDGs.
Social and economic rights have undergone tremendous transformation over the years. Initially regarded with disdain and contempt, and as rights only to be realized progressively, these rights have increasingly become the cornerstone of activism in the quest for the protection of human rights in Africa. This stems from recognition of the importance of these rights in the lives of the ordinary African, particularly because they deal with issues concerning the basic necessities of life. The enforcement of such rights can therefore be a useful catalyst in the transformation of African societies. There is no doubt that in striving towards egalitarian transformation of society and the achievement of social justice, the constitution serves as a veritable touchstone and provides guiding principles for the effective governance of societies. This is where judicial activism comes in since mere constitutional stipulation of these rights is insufficient to guarantee their enjoyment. It is therefore imperative for African judges to be conscious of the challenges inhibiting the enforcement of these rights and interpret constitutional and legal instruments in a manner that will promote their enforcement. Using some well-known cases in South Africa, the African Commission on Human and Peoples' Rights, as well as the West African Court of Justice and Human Rights, the paper argues for an expansive interpretation and application of the constitutional provisions on these rights in order to enhance positive transformation of African States and make the constitutional provisions on these subjects meaningful to the ordinary African.
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