Prospects and Challenges to Prove Environmental Harm in Litigation: Status Quo In Nigeria

Abstract

Environmental litigation and enforcement of environmental rights remain a global challenge to sustainability, especially in developing countries such as Nigeria. The increasing rates of industrial activities have led to increase in production of hazardous substances posing threat to lives of the inhabitants of the environment. Victims of environmental harm most times find it difficult to protect and enforce their environmental rights. Proving environmental harm such as damages to property in litigation to enforce rights of compensation or restoration for damages suffered becomes difficult due to locus standi technicalities and undue delays during trials. Sometimes victims are faced with financial constraint in pursuing the course of justice which involves retaining the services of a lawyer and expert witnesses. This paper, therefore, examines the prospects and challenges to proving environmental harm in litigation. This paper employs doctrinal legal research methodology and content analysis of both primary and secondary sources in relation to proving environmental harm in litigation. On this premise, this paper recommends the application of the principle of Res Ipsa Loquitur in trials of environmental cases. Proving environmental harm for the enforcement of environmental rights by victims, should be totally devoid of technicalities of law during trials. This will in turn promote the course of justice in cases dealing with environmental harm.