Abstract

The right to safe unpolluted environment is a third-generation rights which is well established in international law and existing international instruments. Countries of the world through their judiciary are elevating this right in enforcing the right to life of their citizens and liberalising access to court on account of alleged infringement on this right to environment which is satisfactory for human development. There have been several instances in the recent past where the right to life has been successfully invoked in the pursuit of environmental claims and protection in different jurisdictions around the world. It is worthy of note that environmental protection was not prevalent at the time first generation rights were first formulated. The courts in some jurisdictions have explicitly recognised the links between human rights and environmental protection and have incorporated the latter into the monitoring and enforcement of the right to life. This paper is focused on trending reasons for environmental litigation in Nigeria. It was found that safe unpolluted environment, remediation and compensation are trending reasons for environmental litigation in Nigeria in recent times. It concluded that the environmental rights should be elevated to a constitutional position it deserves in Nigeria in the light of the decisions of courts locally and globally.

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