The Right To A Clean And Healthy Environment As A Tool For Seeking Redress For Damages Caused By Environmental Pollution In Nigeria, With Particular Reference To The Niger Delta Region: A Casestudy Of Jonah Gbemre vs. SPDC (2005) AHRLR 151 (NgHC 2005) – Mazeedah Abiodun Hassan (ACIArb)

The right to a healthy environment is a right which has not received much approval from different facets. Nigeria is a country blessed with crude oil or in some other parlance, ‘cursed’ with crude oil. The attitude of companies engaged in crude oil exploration, the Government of Nigeria and the host communities has resulted in serious damage to the environment in the Niger Delta. Victims of this harm have failed to get justice most times due to the absence of a clearly defined right to a healthy environment in the Nigerian Constitution. This paper proposes that the existence of this right would defeat a major hurdle faced by victims of environmental harm caused by oil spillage and gas flaring, in seeking redress.

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