Abstract
The protection of the environment is now of both local and international concern. The Constitution of the Federal Republic of Nigeria 1999 provides for environmental matters in Section 20 as one of the Fundamental Objectives and Directive Principles of State Policy contained in Chapter II of the said Constitution. This is the first time environmental issues are captured in the Constitution of Nigeria. In addition, the Constitution also places the subject-matter on the exclusive legislative list by virtue of Item 60(a) which empowers the National Assembly to make laws for establishment and regulation of authorities for the Federation or any part thereof to promote and enforce the observance of the Fundamental Objectives and Directive Principles of State Policy in the Constitution. The Constitution contains nothing else on the protection of the environment despite the importance of environment today in Nigeria and world over. Pursuant to the said Section of the Constitution and the powers conferred on the National Assembly under the exclusive legislative list, the National Assembly has enacted laws aimed at protecting the environment; prominent among these laws are National Environmental Standards and Regulation Enforcement Agency (Establishment) Act, 2007 (NESREA Act) and the National Oil Spill Detection and Response Agency (Establishment) Act 2006 (NOSDRA Act). This paper examines the said constitutional provisions and other legislations on environment and the attitude of the Courts in the interpretation of that Section as it affects individual rights of the citizens to the environment. The paper also examines the attitude of the international community towards the protection of the environment especially the instruments and treaties made towards protecting the environment. The paper concludes that environment is of great importance both to the present and future generation; therefore every effort should be made by all, towards its preservation, both at domestic and international level. Keywords: Constitution, Environment, Legislations, International Instruments, Directive Principles. DOI : 10.7176/JLPG/89-27 Publication date :September 30 th 2019
Highlights
There is no doubt that there is growing concern about the environment and how it is to be preserved and protected not just for the interest of those who are alive, work and exploit it today but for generations unborn.The concern represents an inter-generational solidarity and an acknowledgment of a debt to humanity and the world of tomorrow with respect to the use of the environment.[1]
The Constitution of the Federal Republic of Nigeria 1999 provides for environmental matters in Section 20 as one of the Fundamental Objectives and Directive Principles of State Policy contained in Chapter II of the said Constitution
The Constitution places the subject-matter on the exclusive legislative list by virtue of Item 60(a) which empowers the National Assembly to make laws for establishment and regulation of authorities for the Federation or any part thereof to promote and enforce the observance of the Fundamental Objectives and Directive Principles of State Policy in the Constitution
Summary
There is no doubt that there is growing concern about the environment and how it is to be preserved and protected not just for the interest of those who are alive, work and exploit it today but for generations unborn. 1.1 Conceptual Analysis The term environment can be regarded as the entire life we live, for without environment there is no life at all It refers to the physical matters; the air, the sea, the land, natural resources, flora and fauna and the cultural heritage:- like items of archaeological, historical, artistic and scientific interest. It is often understood to include land, air and water, and the building environment and the condition of the local neigbourhood In some quarters, it has been described as the whole sum of the surrounding external conditions within which an organism, a community, or an object exists...’[5] Section 37 of the National Environmental Standards and Regulation Enforcement Agency (Establishment) Act, 2007 defines environment to include water, air, land and all plants and human beings or animals living therein and the inter-relationships which exist among these or any of them.[6] By these definitions, environment is regarded as a State of affairs of Nature viewed holistically and based upon the milieu of man in his natural habitat.[7] It is axiomatic to state that environment is life in its totality
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